• About SRC
• Contact Us

THE TERMS AND CONDITIONS SET FORTH BELOW AND ON THE FACE HEREOF CONSTITUTE ALL OF THE TERMS OF THIS AGREEMENT BETWEEN THE BUYER AND SELLER. THEY ARE APPLICAPLE AND READ INTO YOUR ORDER, AUTOMATICALLY, UPON YOUR ORDER BEING ACCEPTED BY SRC/SELLER. All orders are subject to the approval by Strategic Retail Concepts ( "Seller" or "SRC", herein) at its offices in Tulsa, Oklahoma. No course of prior dealings between the parties or usage in the trade shall be relevant or applicable to Buyer to supplement or explain any term used in this Agreement. No waiver or alteration of terms herein shall be binding unless agreed to in writing and signed Seller, unless otherwise specifically provided herein.

PRICE
Prices quoted are those in effect at the time of quotation. Seller reserves the right, in its sole discretion, to bill and Buyer agrees to pay prices prevailing at the time of shipment (unless Seller and Buyer have a specific written lock-in agreement). All prices are based on the quantities quoted and any change in the quantities may affect the price. All prices are based on Buyer accepting and paying for Goods in a timely manner, with time being of the essence for Buyer's performance. No discount will be allowed unless specifically agreed to in writing by Seller, but in any event will be subject to Buyer's timely performance of payment and other Terms and Conditions herein. Until the purchase price and all other sums due pursuant hereto are paid in full, Buyer grants to Seller and Seller retains an automatic security interest in the Buyer purchased products (sometimes referred to as the "Goods") and in all proceeds of said Goods, if applicable. Buyer shall execute UCC-1 financing statement(s) upon request by Seller and irrevocably authorizes Seller to execute and file the same.

PAYMENT TERMS
Invoices for Goods and services shall be due and payable net thirty (30) days from shipment. Buyer agrees to pay a delinquency charge of 1-1/2% per month, or if such rate shall exceed the maximum rate allowed by applicable law, then a delinquency charge calculated at such maximum rate on the outstanding balances not paid when due, from the date such balances were due until payment with respect thereof is made in full.

DELIVERY TERMS
Larger items will be delivered by Common Carrier (ABF Freight, N&B, APA, Yellow Freight, Overnight Express or any other major carrier deemed worthy by the manufacturer). Whenever possible, for smaller items, UPS or FedEx will be used as the delivery company.

Please note that the estimated delivery time quoted to you at the time of your order is based on information received know from third party carriers', not under our control. Our delivery statement can never be a guarantee of delivery time by us, the Seller. Seller will make reasonable efforts to inform you, if we become aware of a confirmed change in the delivery time estimate. The following is for general guidelines, only:

1. When shipped by common carrier (not UPS or FedEx) you will receive a phone call, in advance, from the shipping company, to make arrangements for delivery. If they don't show up exactly on time, it would be the shipping company you would call. Seller is not responsible for how the shipping company adheres to their shipping schedules. This is true whether Buyer or Seller arranges for the shipment We will assist in any way we can however we may not be able to affect the day's outcome.
2. Shipments will be delivered to or as close to the purchaser's property line (Driveway) provided the location is deemed accessible by the delivering freight carrier. The drivers' responsibility ends by opening up the back of the truck. The driver is not responsible to unload to the curb. It is highly recommended that you have someone to help you unload your products from the truck. In all cases your products will be shipped and packaged such that two people can carry any portion of your unit. You will be given a reasonable time frame to unload freight ranging between 15-30 minutes. Please be aware that freight is prepaid and that no additional expenses should be paid to delivering freight Carriers for deliveries described above. In the event that a clerical error has occurred - call us at (866) 597-7265.
3. If you wish to have the shipping company do more than what has been laid out above, you will need to discuss that with the shipping company, yourself.
4. DELIVERY INSPECTION IS YOUR RESPONSIBILITY!

 

• Inspect the boxes carefully for any damage or holes.
• Please note ALL damages on the bill of lading which the driver has you sign.
• There may not be any damage to the unit itself, however, if we do need to get some new parts out to you, knowing who is responsible for the damage will help speed the process up.
• Please understand that it is only the most extreme cases of damage where the shipment should be refused. If you are considering refusing, please attempt to get hold of us while the driver is still there. We will try to guide you in this decision.
• If the damage is so severe as to warrant that the unit be refused, know in advance, that it will take a few weeks or more to get a replacement shipped.

Please note that the shipping companies and SRC reserve the right to come out to the site to inspect any damages or defects being claimed. You must adhere to these rights, or you waive any claim you have against SRC for any damages or defects not inspected by shipping company and SRC.

Most shippers and drivers are wonderful people and honestly do their best to assist you, however damage and accidents can occur. If there is damage, stay calm, there is always someone to assist you with the inconvenience. Call us right away and we will solve the problem promptly and in a time efficient way.

ACCEPTANCE AND TRANSPORTATION
Upon Buyer's receipt of shipment, Buyer shall immediately inspect the Goods. Unless Buyer provides Seller with written notice describing with particularity the nature of any alleged product defects, and maintains the product in its received form for SRC to fully inspect, as received, or with regard to the amount of any product shortage claimed, which notice shall be received by Seller within five (5) calendar days after receipt of shipment, the Goods shall be deemed accepted by Buyer. In the event that Buyer does not specify a method of shipment, Seller shall use its own discretion in determining the method of shipment, and Buyer agrees to be fully responsible for the cost of the shipment. Premium transportation (including, but not limited to, airfreight and overnight delivery service) required by the Buyer will be borne by Buyer.

TITLE AND RISK OF LOSS
Title (with security lien, if applicable) to Goods sold and risk of loss of such Goods shall pass to Buyer at the F.O.B. shipping point.

WARRANTY
SELLER WARRANTS GOODS MANUFACTURED BY IT WILL BE FREE (AT TIME THE PRODUCT IS SHIPPED) FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP FOR ONE (1) YEAR FOLLOWING THE DATE OF SHIPMENT. IF ANY OF THE GOODS ARE FOUND BY SELLER TO HAVE A MATERIAL DEFECTIVE WHICH EXISTED BEFORE SHIPMENT TO BUYER, SUCH GOODS WILL, AT SELLER'S OPTION, BE REPLACED OR REPAIRED AT SELLER'S COST OF MATERIALS. THE PARTIES HERETO EXPRESSLY AGREE THAT BUYER'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE REPAIR OR REPLACEMENT HEREIN PROVIDED. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER (EXPRESS OR IMPLIED) WARRANTIES, AND THE STATED REMEDY FOR THE WARRANY IS AS STATED HEREIN. SELLER IS SPECIFICALLY NOT RESPONSIBLE TO BUYER OR ANYONE ELSE FOR GOODS WHICH MAY BE SOLD BY SELLER, BUT WHICH ARE NOT MANUFACTURED BY SELLER. LABOR OR OTHER (NON-MATERIAL) COSTS OR EXPENSES INVOLVED IN THE REMOVAL OR INSTALATION OF ANY SELLER REPAIRED OR REPLACED GOOD SHALL BE BORNE BY BUYER. SELLER'S WARRANTY DOES NOT APPLY TO ANY GOODS WHICH ARE OR BECOME DAMAGED, DEFECTIVE, DEFICIENT OR OTHERWISE FAIL DURING OR AS A RESULT OF INSTALLATION, MODIFICATION (INCLUDING BUT NOT LIMITED TO USE OF UNAUTHORIZED PARTS OR ATTACHMENTS), OR ADJUSTMENT OR REPAIR PERFORMED BY ANYONE OTHER THAN SELLER OR ONE OF SELLER'S AUTHORIZED AGENTS.

ANY LEGAL OR EQUITABLE CLAIM BY BUYER, OF WHATEVER NATURE, WITH REFERENCE TO OR ARISING OUT OF THE GOODS SOLD HEREUNDER, INCLUDING CLAIMS REGARDING SET UP OR INSTALLATION OF THE GOODS, SHALL BE DEEMED WAIVED BY THE BUYER UNLESS SUBMITTED IN WRITING TO SELLER WITHIN THE EARLIER OF (i) TEN (10) CALENDAR DAYS FOLLOWING THE DATE BUYER DISCOVERED SAME, OR BY REASONABLE INSPECTION SHOULD HAVE DISCOVEREDSAME, OR ANY CLAIMED BREACH OF THE FOREGOING WARRANTY, OR, IF (i) IS MET, THEN, (ii) TWELVE (12) MONTHS FOLLOWING THE DATE OF SHIPMENT. ANY CAUSE OF ACTION FOR BREACH OF THE FOREGOING WARRANTY SHALL BE BROUGHT WITHIN ONE YEAR FROM THE DATE THE ALLEGED BREACH WAS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED, WHICHEVER OCCURS FIRST.

LIMITATION OF LIABILITY
SELLER'S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, FAILURE TO WARN, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY) FOR ITS GOODS OR THE INSTALLATION OF THE GOODS SHALL BE LIMITED TO REPAIRING OR REPLACING PARTS CONFIRMED BY THE SELLER TO BE MATERIALLY DEFECTIVE, OR AT SELLER'S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH GOODS OR PARTS THEREOF. AT SELLER'S REQUEST, BUYER WILL SEND, AT BUYER'S EXPENSE, ANY ALLEGEDLY DEFECTIVE PARTS TO THE PLANT OF SELLER. IF SELLER CONFIRMS THE DAMAGE OR DEFECT TO WHICH THIS SELLER"S WARRANTY APPLIES, SELLER WILL EITHER CREDIT BUYER FOR THE RETURN DELIVERY CHARGE, BASED ON NORMAL SHIPPING, OR REIMBURSE THAT CHARGE TO BUYER, AT SELLER'S OPTION.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTIAL OR CONSEQUENTIAL OR PERSONAL INJURY OR PROPERTY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION OR WARRANTY IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR SUSTAINED AS THE RESULT OF WORK STOPPAGE. BUYER SHALL INDEMNIFY SELLER AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BY SELLER ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY. BUYER FURTHER HEREBY INDEMNIFIES AND HOLDS SELLER HARMLESS FOR ALL PERSONAL INJURIES OR PROPRTY DAMAGE CAUSED BY, RESULTING FROM, OR TOUCHING UPON THE UNLOADING, UNPACKING, SETTING UP, AND/OR INSTALLATION OF THE GOODS BY OR ON BEHALF OF BUYER.

TAXES
Unless otherwise specifically provided herein or stated on the invoice, the price for the Goods purchased does not include sales, use, excise or similar taxes, whether federal, state, or local. Buyer shall be responsible for all such applicable taxes. Buyer will provide Seller with any and all tax exemption certificates, acceptable to the appropriate taxing authorities, where applicable.

DELAYS
Unless expressly specified to the contrary, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Seller will not be liable for any damage, loss, fault, expense or freight charges arising out of delays in shipment or other nonperformance of this agreement caused by or imposed by: (a) strikes, fires, disasters, riots, acts of God, (b) acts of Buyer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor delay, or (f) any delay which, in whole or in part, was caused by factors outside of Seller's reasonable control.

CREDIT TERMS
All orders and shipments shall at all times be subject to the approval of the Seller's Credit Department. The Seller reserves the right of declining to accept any order or make any shipment whenever, for any reason, there is doubt as to Buyer's financial responsibility and Seller shall not in such event be liable for breach or nonperformance of contract in whole or in part.

RETURNS
Goods may not be returned for credit without Seller's prior written consent, and may be subject to a twenty-five percent (25%) restocking charge. All transportation charges for returned Goods are the sole responsibility of the Buyer. Returned Goods are subject to Seller's inspection and will not be considered for acceptance for credit unless they are, (i) in the Seller's sole discretion, in "like new" condition, and (ii) returned to Seller within sixty (60) days from the date of shipment. The Buyer hereby agrees that it will not debit the Seller's account for any return, regardless of the reason for such return, unless agreed to by Seller, in writing. Returned products must be in original packaging, in as-new condition with the packing slip, all warranty cards, manuals and accessories. Please allow approximately 10 business days for your return to be processed once it has arrived at the specified address.

TERMINATION, CANCELLATION, AND CHANGES
Orders cannot be terminated, cancelled or modified, or shipment deferred after acceptance of Buyer's order by Seller, except with Seller's written consent and subject to conditions then agreed upon which shall indemnify Seller against liability and expense incurred and commitments made by Seller and which shall provide for profit on work in process and contract value of products or parts completed and ready for shipment.

PATENTS AND COPYRIGHT
In no event shall Seller be liable for damages arising from infringement or alleged infringement of patents or copyrights. In the event that Buyer should be enjoined in such suit or proceeding from using any of the Goods purchased pursuant to this Agreement, Seller, at its option, shall promptly either (i) secure termination of the injunction and procure for Buyer the right of use of such Goods without any obligation or liability, or (ii) replace said Goods with noninfringing materials or modify same to become noninfringing, all at Seller's expense and to Buyer's reasonable satisfaction, or (iii) remove said Goods at Seller's expense and refund the purchase price of the infringing Goods to Buyer. THIS SHALL BE BUYER'S EXCLUSIVE REMEDY AGAINST SELLER WITH RESPECT TO PATENT OR INFRINGEMENT. The sale of Goods hereunder does not convey any license or copyright under any proprietary or patent rights of any manufacturer. Seller shall not have any liability if the alleged infringement is based upon the use or application of the Goods in combination with other goods and buyer shall indemnify Seller therefore. Seller disclaims all other liability for infringement of intellectual property rights and further disclaims any liability for incidental or consequential damages.

GENERAL CONDITIONS
Installation of the shipped Goods/Product are at Buyer's own risk, and Buyer hereby indemnifies and hold SRC harmless for all claims, causes of action, or any other injuries or damages or remedies sought against SRC/SELLER as a result of, arising from, caused by, or touching upon the instructions to build or the building of such Goods/Products. BUYER SHOULD HAVE AND AGREES TO HAVE A QUALIFIED PERSON REVIEW THE BUILDING INSTRUCTIONS, THE MATERIAL RECEIVED, AND THE SAFETY OF THE PROJECT AND CONSTRUCTION, PRIOR TO INSTALLATION. THEN, BUYER AGREES TO HAVE A QUALIFIED PERSON DO THE ACTUAL INSTALLATION AND FULLY INSPECT THE SAFETY OF THE INSTALLED AND CONSTRUCTED GOOD/PRODUCT.

No agent, salesman or other party is authorized to bind Seller by any agreement, notice, warranty, statement, promise or understanding not herein expressed. Only the Officers of Seller are authorized to execute any document, agreement or notice herein required to be executed by Seller.

The sale of Goods pursuant to this order shall be governed by the laws of the State of Oklahoma, and all legal claims shall be filed in Tulsa, Oklahoma, only. ALL CLAIMS, CAUSES OF ACTION, OR RELIEF, OF ANY KIND OR NATURE, SOUGHT BY EITHER BUYER OR SELLER, MUST BE SUBMITTED TO BINDING ARBITRATION IN TULSA, OKLAHOMA. THE PARTIES HEREBY AGREE TO WAIVE TRIAL BY JURY OR JUDGE. THE FEDAREAL ARBITRATION RULES AND REGULATIONS IN EFFECT AT THE TIME SHALL APPLY.

Any notice which is required or permitted under the terms of this Agreement shall be in writing and delivered to the address of the party set forth in this Agreement. Either party may change address by written notice.

The remedies herein served by the parties shall be cumulative and additional to any other or further remedies provided in law or at equity which the parties may possess. In addition to the rights and remedies conferred upon Seller by law, Seller shall not be required to proceed with the performance of any order or contract if Buyer is in default in the performance of any order or contract with Seller.

Any clerical errors by Seller are subject to correction.

No delay or omission by Seller is exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy and shall not be constituted as a bar to or waiver of any such right or remedy on any future occasion.

The waiver, illegality, invalidity or unenforceability of any provision appearing on this Agreement shall not affect the validity of the Agreement as a whole or the validity of any other provisions herein.

This contract shall be binding upon and shall inure to the benefit successors and assigns of Buyer and Seller. Buyer may not assign or transfer this contract, in whole or in part, except upon the prior written consent of Seller.

Seller is not responsible for return shipping costs and is not responsible for any shipping damage. Damage caused by shippers must be reported and resolved with the delivering carrier or shipping company directly.

Products which are built to order cannot be returned nor will a customer be allowed to cancel an order after 48 hours of placing that order.

If the order has not shipped, you will receive a full refund less credit card processing fees. Please note: All Cancelled or Returned orders paid by credit card will be subject to an additional credit card processing charge of 6%. Costs incurred for returning funds by means of a "Bank Draft" or "Cashier's check" will be subtracted from the refund.

Seller has a commitment to customer service. If you encounter any problems or have any questions about any of our Do-It-Yourself fixture build products, you can call Seller at ( 866-597-7265 ) Monday to Friday, during business hours.

We also recommend refusal of any severely damaged merchandise at the time of attempted delivery.