Buying Carrying & Shipping Cases at


 

TERMS AND CONDITIONS

HOW TO ORDER:
You may place your order:
On the web @ www.casefoam.com and clicking on Order Online.
By calling our Toll Free Telephone at (800) 882-4730 ( USA ) or 909-613-1999 (outside the US.)


Sales / Customer Service 
7:30 AM - 4:30 PM Pacific Time Monday thru Friday.

Shipping/Receiving & Order Will Calls

7:30 AM - 3:30 PM Pacific Time Monday thru Friday. NO EXCEPTIONS.


24 Hour FAX (909) 613-1979
U.S. Mail: 
Casefoam.com 4665 State Street, Montclair, CA 91763  USA  

METHODS OF PAYMENT:
To make ordering from us as easy as possible, we accept:

CREDIT CARDS: Visa, MasterCard and American Express. This is fastest way to place your orders and they will be shipped immediately.

CHECKS and MONEY ORDERS. Please include full payment with your order and allow up to 10 working days for bank clearance before shipping. Please make your checks payable to: Casefoam.com

C.O.D. ORDERS: to established firms only (no personal C.O.D.s). All shipping charges plus a C.O.D. charge of $7.50 per box will be added to the cost of your order. Our Customer Service Department will notify you within 24 hours of shipment of the exact charges.

COMPANY PURCHASE ORDERS: We welcome company Purchase Orders from established and qualified Dunn & Bradstreet/TRW-rated firms, the minimum order to set an Open Account is $1000. We can usually open a new account (net 30 days only) within 24 hours of filling the appropriate credit application (Custom Packaging Design' form required). When placing your company order, please fax and mail a hard copy of your Purchase Order including the P.O. number, complete shipping and billing addresses plus the name of the person authorizing the purchase. 

Purchase Orders from: STATE, FEDERAL GOVERNMENT & EDUCATIONAL INSTITUTIONS are also welcome, please fax and mail a hard copy of your order, do not forget to include contact names, phone & fax numbers for confirmation purposes. Please contact our Sales Department for further details.

A sale resulting from a quotation shall be subject to the terms and conditions stated herein. These Conditions of Sale shall supersede any terms or conditions contained in Customerís purchase order.

Customerís purchase order is not subject to cancellation, change, reduction in amount, suspension or deferment of deliveries except with Sellerís written consent and upon terms that indemnify Seller against loss. A 1-1/2% per month service charge will be added to all past due accounts. If Customer fails to make payments in accordance with Sellerís terms then Seller may defer further shipments until such payments are made or, at sellerís option, cancel unshipped balance of order and seek other remedies in equity or law.

PRICES:
Prices quoted are valid for thirty (30) days from date of quotation unless otherwise stated. If cost of material is increased by suppliers, at any time, Casefoam.com shall have the option of passing on the increased cost to customer.

Casefoam.com, at any time, may pass on any material cost increases to customer on ďblanketĒ orders.  Seller shall immediately notify customer of any price increase. Customer shall pay the new price on any parts for which it requests release after date of notice.

RETURNS:
Stock Items: full refund within 30 days of original purchase. If for any reason you are not completely satisfied with your product, we will gladly exchange it or give you a refund, excluding freight, within 30 days of original purchase. Applies to all Pelican Cases, Laptop cases, Universal Flat Monitor cases, and Golf Cases sold online.

The retail cost of any missing components (e.g., foam inserts, accessories) will be deducted from the refund amount. Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition. All returns must be in like new condition (no scratches, dents, etc.) Casefoam.com has the final decision whether the item(s) can be returned for full refund based on the conditions outlined above.

Non-Stock Items: returns are subject to a re-stocking charge. 25 % re-stocking applies to DX Cases, Parker Cases, Case Factory and most SKB Cases. A 35% re-stocking charge applies to Zero Cases.
Custom / Built to order cases or with custom foam interiors: Please verify that the Custom Case, Built to order case or  Foam product will meet your requirements and shipping regulations before ordering. THESE CASES CANNOT BE RETURNED. Applies to all standard Zero Cases and all custom built Matrix Cases.

Product Defects: Defective merchandise may be returned for replacement or repairs. Please contact our Customer Service Department at (800) 882-4730 ( USA ) or 909-613-1999 for return authorization number (RMA) before shipping your merchandise. 
Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition, and to include a copy of the packing list or invoice, this will facilitate that your problem is handled quickly and to your complete satisfaction.

HOW WE SHIP:
All orders are F.O.B. ( Montclair , California ) unless otherwise specified most orders are shipped via FedEx Ground service (Continental USA), but the following options are available at an additional cost:

FedEx First Overnight - by 8 a.m. or 8:30 a.m. next business day depending on the destination zip code.

FedEx Priority Overnight - by 10:30 a.m. next business day

FedEx Standard Overnight - by 3 p.m. next business day

FedEx 2Day - by 4:30 p.m. second business day

FedEx Express Saver - by 4:30 p.m. third business day

Delivery Failure: Delivery dates are quoted in good faith, but are not guaranteed.  We cannot assume any risk or liability for delay or non-fulfillment of shipments due to acts of God, war, strikes, breakdowns, fires, government orders, or other causes beyond our control.     

A refund or credit will be given only for the portion of the transportation charges applicable to those packages in the shipment as to which there was a package timely delivery failure by FedEx or UPS. 

International Orders are always welcome and our Customer Service Department will gladly help you find the most economical way to ship your order.
Arrangements can be easily made to have any of this services charges billed to your own Company Shipper's Account Number (UPS, Fed-Ex and other major Common Carriers) at no extra cost.
Please contact our Customer Service Department at (800)-882-4730 for more information.
A few items in our Web Site cannot be shipped UPS or FED-EX due to size or weight restrictions, they will be shipped Surface Freight / Common Carrier.

Please remember: FedEx, UPS and other carriers will not refund or give credit of any kind as a result of, any loss, damage, delays, or failure to deliver the merchandise caused by or resulting in whole or in part from: 

Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to their personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).

Damage or loss of articles and the recipient accepts the shipment without noting the damage on the shipperís delivery record.

The buyer's failure to provide accurate delivery address information.

Shipments released without obtaining a signature if a signature release is on file.

The shipment was undeliverable or returned or the shipment was delayed due to an incorrect address or ZIP code or the unavailability or refusal of an appropriate person to accept delivery or sign for the package.

PRODUCT GUARANTEE:
Should you have any problems, questions or comments, please let us know. We will do our utmost to earn your continued confidence in our products. In the unlikely possibility that you should have a problem, every product you purchase from us carries a full factory warranty from the manufacturer. Please refer to the specific product information on the Online Order Form or contact our Customer Service Department at (800) 882-4730. 

BACK ORDERS:
Although we carry a huge amount of inventory. At times, however, an item will be in short supply. You will be notified if an order cannot be shipped in a timely manner. We will not charge your credit card for orders that have not been shipped, except for Special Custom Orders and Built to Order (Case Matrix Cases).

PROPRIETARY DATA:
Data describing Casefoam.comí products, designs, drawings or processes are considered proprietary and competition sensitive. Any such data in Customerís possession shall be kept in confidence and shall only be disclosed to individuals within Customerís organization who have a need to know.  Upon request Customer shall return any printed or software based proprietary data to Casefoam.com.  

INSPECTION:
Prices are based upon use of Casefoam.com standard quality assurance procedures.  Quality control in excess of such standard procedures shall be at Customerís expense.

The advice, assistance and design of custom cases by our employees and agents are based upon information you provide. Buyer has the final decision of merchantability and fitness of our products for his particular purposes. We will not accept any liability in the event of a damaged shipment.

EXCLUSIVE REMEDY: YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY Casefoam.com' PRODUCT OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH PRODUCTS OR SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL Casefoam.com, ITS SUPPLIERS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING PRODUCTS OR SERVICES AS PART OF THE SERVICE FROM Casefoam.com) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF Casefoam.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN Casefoam.com's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. 

Casefoam.com, its suppliers and contractors will not be liable for any indirect, punitive, incidental or consequential damages, loss of income or profit, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence, product delays, misdelivery, non-delivery, failure to provide information or otherwise, loss or liability resulting from acts of god; loss or liability resulting from errors, omissions, or misstatements in any and all information of our product(s) or service(s) provided under this agreement; loss or liability as a result of the application of our dispute policy.

MODIFICATIONS TO OUR TERMS & CONDITIONS: Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that Casefoam.com reserves the right to unilaterally modify, amend, change, including, but not limited to, prices, services, features of service, and these Terms and Conditions without notice. Any such revision or change will be binding and effective after posting of the revised Terms and Conditions or change to the service(s) on Casefoam.com' Web site, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web site, including the current version of these Terms and Conditions available on our Web site, to be aware of any such revisions. By continuing to purchase Casefoam.com products and services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Casefoam.com is authorized to alter or amend the terms and conditions of this Agreement.

SEVERABILITY: You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

You and Casefoam.com agree that any disputes related to the products and services provided under this Terms and Conditions shall be   governed in all respects by and construed in accordance with the laws of the State of California , United States of America , excluding its conflict of laws rules. We each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Superior Court of California, County of San Bernardino . If there is no jurisdiction in the Superior Court of California, County of San Bernardino , then jurisdiction shall be in the United States District Court for the Southern District of California. 

The parties hereby waive any right to jury trial:
You will not have the right to a trial by jury with respect to any action brought in connection with this Agreement and your claim shall be resolved by binding arbitration, administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, including, when appropriate, its Procedures for Large, Complex Commercial Disputes. These Rules, as amended from time to time, are available on the Web at www.adr.org. You agree to pay all filing and other administrative fees necessary to initiate any such arbitration, subject to the right of the arbitrator to reallocate and assess such fees against other parties to the arbitration in accordance with the Arbitration Rules applicable to the proceedings.

WAIVER: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Casefoam.com. The remedies of Casefoam.com under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

 
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