Eco Friendly and Fair Trade Products
Mailing address:
A Boyle and Company
417 N. Scrivener Street
Lake Elsinore, CA 92530
Phone: (951) 256-4373
Fax: (951) 271-9755
Email address: sales@ecofriendlypackaging.net
A Boyle and Company SALES CONTRACT TERMS AND CONDITIONS
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MODE OF PAYMENT
Prepayment is required for all orders. Goods manufactured to order, including those with custom specifications, require
prepayment of 50% with balance due prior to shipment. Remaining balance must be paid within five (5) working days
after advice of the arrival of the shipment to our warehouse.
Payment is accepted via wire transfer, Master Card, Visa or American Express. For domestic orders, A Boyle and Company
also accepts payment via company check upon discretion of an authorized representative of Virwanti International
Corporation. A $65.00 return fee will be charged for any returned check.
Payment should be based on the invoice, not packing list with the reference customer number and invoice number.
PURCHASE ORDERS
A Boyle and Company sells only to qualified members of the trade. All orders must be either submitted in writing via
email or fax. Virwanti International Corporation ships domestic orders on a stock available basis and will backorder out of
stock merchandise unless otherwise notified by Purchaser.
Orders once confirmed cannot be cancelled. The 50% deposit will not be returned in case the Purchaser goes out of
business and is no longer capable of pursuing the orders.
PRICE/S
Prices do not include California sales tax, if applicable, or freight costs from A Boyle and Company warehouse.
International purchasers are responsible for all import tariffs/customs duties.
Prices are subject to change without notice.
Please note the minimum quantities on selected items. Price breaks are offered at certain quantity on some items.
Orders should be done in multiples of the minimum.
DELAYS IN SHIPPING
The scheduled dates for shipment of the products are estimated based on current and anticipated manufacturing
capabilities at the time of quotation and may be quoted as months after receipt of order. All delivery dates are estimates
only, and Virwanti International Corporation shall not be liable for any damages relating to failure to ship the products as
of a certain date.
Deliveries are subject to delay due to force majeur at no penalty or surcharge to A Boyle and Company.
CHANGE ORDERS
Proposed changes in the goods subject to this Contract, submitted in writing by Purchaser, will be reviewed by A Boyle
and Company for acceptability and for the effect of the proposed changes on shipping schedules and prices. Virwanti
International Corporation will submit to Purchaser its decision to accept or not to accept the proposed changes and the
amendments to the shipping schedules, selling prices and other terms upon which the proposed changes would be
acceptable to Virwanti International Corporation. The changes will become effective as amendments to this Contract
upon Purchaser’s written acceptance of the said amended terms.
DESIGN, SPECIFICATION AND OTHER CHANGES
A Boyle and Company reserves the right to alter, change or modify the design and/or construction of any goods without
notice and without incurring any obligation to furnish or install such alterations, changes or modifications on goods
previously or subsequently sold. A Boyle and Company's products are handcrafted, and, as such, slight variations in size,
color and material are to be expected.
CANCELLATION
This Contract is not subject to cancellation by Purchaser except with A Boyle and Company’s prior written agreement and
after full payment by Purchaser of A Boyle and Company’s cancellation charges which shall be equal to all amounts
incurred by A Boyle and Company's for materials, labor and overhead in respect of the canceled goods plus reasonable
contract profits. Special ordered, custom, obsolete or non-current goods may not be returned and orders for the same
may not be canceled. All cancellations must be in writing and may be subject to a 25% restocking fee if granted.
TRANSPORTATION AND DELIVERY
Unless otherwise agreed in writing, all deliveries of goods are F.O.B. A Boyle and Company’s warehouse. A Boyle and
Company assumes no liability for loss of or damage to the goods after shipment from A Boyle and Company’s warehouse,
and risk of loss with respect to the goods passes to Purchaser at the said F.O.B. point. Unless otherwise agreed in
writing by Virwanti International Corporation and Purchaser, shipments will be made via the most reasonable methods as
determined in the sole and absolute discretion of A Boyle and Company. A Boyle and Company will have the sole and
absolute discretion to select the method of shipment, routing of shipment and selection of carrier.
Special order items typically takes about twelve (12) weeks production and delivery time, after receipt of 50% deposit
and full payment. This is the typical production and delivery time depending on the quantity ordered.
In stock items are delivered the following business day after full payment is received.
MERCHANDISE RETURN POLICY AND INSTRUCTIONS
All returns require a Return Authorization Number from A Boyle and Company ’s Customer Service Department before a
return will be accepted. Returns are acceptable only for defects, shortages or errors for which A Boyle and Company is
responsible, for a period up to but not exceeding ten (10) days from the receipt of shipment. All claims for shortages or
other errors in delivery must be submitted in writing. Failure to give such written notice within ten (10) days from the date
of shipment shall constitute unqualified acceptance and a waiver of all such claims. Submit all return requests using A
Boyle and Company’s Return Merchandise Authorization Form and send the completed form via email attachment. A Boyle
and Company's Customer Service Department will provide a Return Authorization Number which must appear on the
outside of each returned carton accompanied by a copy of the completed Return Merchandise Authorization Form. All
items must be returned in new (unused) condition in the original packaging so it can be inspected and the liability
determined. Returns due to errors on the part of Purchaser will be subject to a 25% restocking charge.
After careful inspection of the returned merchandise, A Boyle and Company will determine if the product is defective and
will contact Purchaser for further instruction or resolution. All returned merchandise must be shipped back to A Boyle and
Company prepaid at Purchaser’s expense. The total refund amount will be the original purchase price of the returned
merchandise plus any sales tax applicable. A Boyle and Company cannot be responsible for lost or misdirected returns
and insurance with the carrier is advised.
All shipments are inspected, checked and well packed before leaving A Boyle and Company's warehouse. A Boyle and
Company packages all shipments compliant to carrier specifications and therefore any damage that occurs may be solely
through negligence of the carrier. All freight damage claims must be filed with the carrier by Purchaser; please contact A
Boyle and Company if a specific carrier’s Freight Claims Department information is needed.
Visible Freight Damage: If shipment is delivered in a visibly damaged condition, insist on the carrier's written notation of
this damage on carrier's packing slip or delivery receipt Retain the outside carton and packing materials and the carrier
will advise whether to hold the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s). For
visible damaged merchandise, contact the carrier within five (5) days and request an inspection. Retain a record of all
actions and correspondence with the carrier. Do not discard any cartons or inner packs so they may be inspected by the
carrier for proper reimbursement.
Concealed Freight Damage: Retain the outside carton and packing materials and the carrier will advise whether to hold
the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s). For concealed damaged
merchandise, contact the carrier within five (5) days and request an inspection. Retain a record of all actions and
correspondence with the carrier. Do not discard any cartons or inner packs so they may be inspected by the carrier for
proper reimbursement.
WARRANTY DISCLAIMER
A BOYLE AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW
OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR COMMERCIALTY AND ANY
WARRANTY OF FITNESS FOR ITS ORDINARY AND PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
Our sole liability for goods sold is limited, at our election, to the repair or replacement of goods, or repaying or crediting
Purchaser for the purchase price of the goods plus any sales tax applicable. A BOYLE AND COMPANY SHALL NOT BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES DIRECTLY OR
INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF ANY PRODUCTS. ANY DAMAGES SHALL BE LIMITED TO
DAMAGES AT LAW. No representation or warranty, expressed or implied, made by any sales representative or other agent
or representative of A Boyle and Company which is not specifically set forth herein shall be binding upon A Boyle and
Company. You must submit all claims to us in writing within ten (10) days from the receipt of shipment.
MISCELLANEOUS
(a) The waiver by A Boyle and Company of any term, provision or condition shall not be construed to be a waiver of any
other terms, provisions or conditions, nor shall such waiver be deemed a waiver of a subsequent breach of the same
term, condition or provision.
(b) This Contract and all questions of validity, interpretation, performance and nonperformance shall be governed by the
laws of the State of California .
(c) Purchaser is hereby notified of A Boyle and Company’s objection to any of Purchaser’s terms inconsistent herewith and
to any additional terms proposed by Purchaser in accepting this Contract and such inconsistent or additional terms shall
not become a part of this Contract unless expressly accepted in writing by A Boyle and Company. Neither A Boyle and
Company’s subsequent lack of objection to any such terms, nor the delivery of goods covered, shall constitute or be
deemed an agreement by A Boyle and Company to any such terms.
(d) This Contract, supersedes all prior negotiations and understandings of the parties and contains the complete and final
agreement between A Boyle and Company and Purchaser concerning the subject matter herein and no other agreement
in any way modifying any of the said terms and conditions will be binding upon A Boyle and Company unless made in a
writing specifically referring to this Contract and signed by A Boyle and Company’s authorized representative.
Signed:
A Boyle and Company
Name: (Print)
Signature and date:
COMPANY NAME:
Company address:
Purchaser’s Name: (Print)
Signature and date:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using this site and purchasing from A Boyle and Company, you are deemed to
have agreed to these terms and conditions of use.
A Boyle and Company may change the Terms and Conditions from time to time and at
any time, and without actual notice to you.
All such changes to these Terms and Conditions will appear on our website:
www.ecofriendlypackaging.net
By purchasing from our company using this site after we post any changes, you agree
to accept those changes. If at any time you choose not to accept these Terms and
Conditions of use, PLEASE DO NOT PURCHASE OR DO BUSINESS WITH OUR COMPANY.
We are a Fair Traded company and committed to our clients’ satisfaction, our artisans
and employees welfare, social responsibility and protecting our environment.
A BOYLE AND COMPANY