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South Coast Fasteners Terms & Conditions

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Applicability:
These General Terms and Conditions of sale (“Terms”) and the Seller’s Sales Order Confirmation (as referenced in Section 2 below), are the only terms and conditions which govern the sale of the goods (“Goods”) by South Coast Fasteners, Inc., a California corporation, (“Seller”), to the purchaser of the Goods from Seller (“Buyer”). Any terms and conditions contained in any Buyer purchase order or other document, that are not consistent herewith, or contain additional or different terms, shall be deemed rejected absent a mutually executed written agreement by the parties to the contrary.

Order Acceptance:
All purchase orders are subject to the terms and conditions of these Terms and are subject to Seller’s acceptance upon (i) the issuance by Seller and (ii) Buyer’s written acceptance of Seller’s Sales Order Confirmation (these terms and conditions and those of any Sales Order Confirmation shall be collectively referred to as the “Agreement”) and the date of acceptance shall be referred to as the “Date of Purchase”, the Agreement, as defined constitute the entire agreement between Seller and Buyer and supersede, in their entirety conflicting terms and conditions proposed by Buyer and any oral or written communications that are not entirely incorporated herein. Seller’s Sales Order Confirmation may include additional, modified, or amended terms and conditions. Neither submission of a purchase order alone, nor the commencement of performance or shipping shall constitute Seller’s acceptance of any of Buyer’s terms and conditions not specifically set forth in Seller’s Sales Order Confirmation or within these Terms.

Seller retains the right to review and approve each purchase order and to withhold acceptance thereof at Seller’s sole discretion. All orders shall also be subject to Seller’s review and approval of Buyer’s credit.

All price quotations are valid for five (5) business days, except Stainless Steel product quotes are valid for three (3) business days. Final prices shall be reflected on Seller’s Sales Order Confirmation.

Minimum Order Requirements:
All product orders are subject to a minimum purchase of $25.00.
Please contact us if you have any questions.
Will-Call Disclaimer:
Will-Call is by appointment only at any of our locations and must be communicated by Buyer to Seller upon request or purchase of products or goods from Seller.

Cancellation and Return Policy:
  1. Upon delivery to Buyer and subject to the terms of the Section 12 herein below, all returns are subjected up to a 20% restocking fee and must be returned in its original packaging. No returns will be accepted without an approved Return Merchandise Authorization (R.M.A.) form from Seller.
Contact Seller for an approved Return Merchandise Authorization (R.M.A.) form.
 
Shipping Terms and Delivery of Goods: 
  1. Seller shall make delivery F.O.B. shipping point unless otherwise stated on the face of the Sales Order Confirmation using Seller’s standard methods for packaging and shipping. All orders are subject to a separate packaging charge.
     
  2. South Coast Fasteners, Inc. reserves the right to under or over ship order quantity of all non-stock items by 10% because of our production processes, per industry standard, unless otherwise specified in the Order Acknowledgement.
  3. All Sales Order Confirmations will have a ship date of not more than seven (7) calendar days after the Date of Purchase unless otherwise agreed upon in writing. 
  4. Seller may, in its sole discretion, without liability or penalty, make incremental shipments of purchased Goods to Buyer. Each such shipment will constitute a separate sale and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order. 
  5. If for any reason Buyer fails to accept delivery of any purchased Goods within seven (7) calendar days of the date set forth on the Sales Order Confirmation, or if Seller is unable to deliver the Goods by such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations, Seller may either (A) cancel the order or (B) (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered and Buyer will be invoiced on or before the tenth (10th) day following the Date of Purchase; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, transportation, storage and insurance. 
  6. Unless otherwise expressly agreed, delivery times shall not be regarded as binding and delays in delivery shall not entitle Buyer to claim damages. 
 
      (g)  Seller reserves the right to ship products or goods from multiple locations in order to fulfill Buyer’s    order.   
 
Title and Risk of Loss: 
Title and risk of loss passes to Buyer upon Seller’s delivery of the Goods within the terms of Section 6. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and upon the Goods, wherever located, and whether presently existing or thereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision shall constitute a purchase money security interest under the Uniform Commercial Code as adopted by the State of California.

Should Buyer request delivery of ordered Goods via a common carrier of Buyer’s choice, the terms of delivery must be either “Collect” or “3rd Party” and title and risk of loss passes to Buyer once the Goods are loaded onto the Buyer controlled transport vehicle. 
 
Amendment and Modification: 
These Terms may be amended or modified at any time by South Coast Fasteners, Inc., by posting such amendment or modification on our website. 
 
Price: 
  1. Buyer shall purchase the Goods from Seller at the prices (the “Prices”) set forth in Seller’s Sales Order Confirmation. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, customs duties, fees and charges of any kind imposed by any Governmental Authority. Buyer shall be responsible for all such charges, costs and taxes. All prices are subject to change without prior notice, and the prices of products on order but unshipped may be adjusted to the price in effect at the time of shipment. All products are bulk and carton packed unless previously agreed upon between Seller and Buyer.
  2. All specialty order sales (cutting, threading, plating, reworking) purchased by Buyer are final. All specialty orders are required to be paid in full in advance via cashier’s check, cash, or credit card.
 
Payment Terms: 
  1. Orders are Cash on Delivery (C.O.D.), credit card or bank transfer (ACH).
  2. Terms are available upon request by Buyer. Written and signed approval by South Coast Fasteners, Inc. is required.
  3. If approved for payment terms, Buyer shall pay in full all invoiced amounts due to Seller in US Dollars within thirty (30) days from the Seller’s invoice. Buyer shall make all payments hereunder by credit card, check, bank transfer (ACH) in US dollars. Payment by credit card is available upon Seller’s issuance of its invoice, however, the payment will not include discounts. Buyer shall not withhold payment of any invoiced amounts by reason of any set-off for any claim or dispute with Seller. 
  4. Buyer shall pay interest on the outstanding balance of all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts within ten (10) days following any applicable payment due date. Seller shall not be obligated to deliver any late payment notice or demand before the accrual of any interest. 

Unused customer credits may be applied subject to approval by Seller’s Accounts Receivable department. Buyer may not unilaterally take customer credits without a credit memo issued by Seller. For information concerning unused customer credits, Buyer may contact Seller’s Accounts Receivable department or Buyer’s customer representative. 
 
Inspection and Rejection of Nonconforming, Defective or Damaged Goods: 
(a) Seller warrants the Goods sold to Buyer will be free from material defects, will conform to Seller’s Sales Order Confirmation and will conform to product specific industry specifications. This section 12 is not transferable and extends only to Buyer.

(b) Buyer shall inspect the delivered Goods and make claim(s) for any nonconforming, damaged, or defective Goods within five (5) days of the date of Buyer’s receipt of such Goods (the “Inspection Period”).

(c) Buyer will be deemed to have accepted the delivered Goods unless it notifies Seller in writing of any nonconforming, defective, or damaged Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is in breach of the Agreement as (1) the Goods do not conform to the Sales Order Confirmation, (2) the Goods are incorrectly labeled; (3) the Goods are materially defective, or (ii) the Goods are damaged upon delivery. Buyer must not alter the Nonconforming Goods.

(d) Nonconforming Goods may be returned to Seller subject to: (i) the terms of this Section 12, and (ii) Seller’s issuance of a Merchandise Return Authorization (“MRA”). An MRA may be issued following Buyer’s written notice of Nonconforming Goods. The returned Nonconforming Goods must be returned in the same condition as was originally delivered by Seller. No return will be accepted without an issued MRA and shipped to the address specified on the MRA.

(e) Buyer’s notice of Nonconforming Goods must be delivered to Seller within five (5) days of Buyer’s receipt of Goods as set forth in Section 12(b). The notice shall be in writing and accompanied with (i) photographs or test reports that clearly display or describe the nonconformity, (ii) a copy of the mill test report and packing list corresponding to the Goods subject to the claim, and (iii) a description of the nonconformity.

(f) If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall promptly review such claim. If the Nonconforming Goods require laboratory testing, Buyer will be responsible for the payment of the laboratory testing fees and related costs should the test report prove Seller’s Goods meet the applicable industry specification. All Nonconforming Goods returned shall be shipped freight prepaid by Buyer. If any Nonconforming Goods are returned (i) without a valid MRA or, (ii) the Nonconforming Goods are not returned in the same condition as was originally delivered by Seller, the Nonconforming Goods will be returned to Buyer at Buyer’s cost. A restocking fee of fifteen percent (15%) of the invoice price shall apply for all MRA authorized returns.

(g) If Seller accepts Buyer’s claim, Seller shall issue an MRA and in Seller’s sole discretion, Seller may either: (i) replace such Nonconforming Goods with conforming Goods or (ii) credit or refund the Price for such Nonconforming Goods upon receipt of return to Seller of the Nonconforming Goods. Upon Seller’s instructions, Buyer shall ship, at its expense and risk of loss (subject to any applicable credit), the Nonconforming Goods to Seller’s facility as set forth in the MRA. No debit memo shall be deducted from Seller’s invoices or charges until a return or claim has been entered, reviewed and accepted by Seller and Seller has issued a credit memo. Buyer’s debit deductions prior to the issuance of Seller’s credit memo will be rejected and Buyer shall be responsible for immediate payment of the subject invoice in full.

(h) Buyer’s Exclusive Remedies. Buyer acknowledges and agrees that the remedies set forth in Section 12(g) are Buyer’s sole and exclusive remedies for Seller’s delivery of Nonconforming Goods. Except as provided under Section 12(g), all sales of Goods to Buyer are made on a one-way basis and Buyer may not return Goods purchased without Seller’s issued Merchandise Return Authorization. THIS SECTION 12(g) SETS FORTH THE BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR NONCONFORMING GOODS AND ANY BREACH OF THIS AGREEMENT. 
 
 
Disclaimer of Warranty:



EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY OTHER REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON SELLER’S BEHALF.
 
Waiver:
Requests to change Billing Address, Ship to Address and/or Customer Contact Info should be sent to the Accounts Receivables Department.
 
Confidential Information:
All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with the Agreement is confidential, solely for the use of performing the Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
 
Force Majeure:
Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached the Agreement, for any failure, cancellation, or delay in fulfilling or performing upon any Agreement or any term thereof when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, (including, but not limited to, adverse trade actions; imposition of tariffs and/or quotas; anti-dumping actions; and action taken for reasons of national security), war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
 
Limitation of Liability:
(a) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE AGREEMENT, OR ANY PART THEREOF, OR FROM THE GOODS SOLD, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY SELLER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY.



(b) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE AFFECTED GOODS SOLD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT (OR ANY PART THEREOF), OR PRODUCTS OR SERVICES FURNISHED THEREUPON BY SELLER MAY BE BROUGHT BY BUYER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
 
Assignment:
Buyer may not assign any of its rights or delegate any of its obligations under the Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No permitted assignment or delegation relieves Buyer of any of its obligations under the Agreement.
 
Relationship of the Parties:
The relationship between the parties is that of independent contractors without any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship.
 
No Third-Party Beneficiaries:
The Agreement is for the sole benefit of Buyer and Seller and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever thereunder.
 
Governing Law:
All matters arising out of or relating to the Agreement are governed by and construed in accordance with the internal laws of the State of California.
 
Submission to Jurisdiction:
Any legal suit, action or proceeding arising out of or relating to the Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of California in each case located within the County of Orange, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
 
Arbitration:
  1. Any controversy or claim arising out of or relating to South Coast Fasteners, Inc.’s Terms & Conditions or its alleged breach shall be confidential: No party has the right to make any public complaint for work performed pursuant to Terms & Conditions with any third party, including any governing board, licensing authority or any government authority. Furthermore, both Seller and Buyer agree that no dispute or controversy relating to work performed pursuant to this contract shall be shared or discussed in any social media outlet or forum at any time.
  2. Should any party violate the arbitration provisions of this agreement, the offended party may file a civil action with the superior court to enforce the arbitration provisions of this agreement.  Should any party violate the confidentiality provisions of this agreement, the offended party may file a civil action with the superior court and seek civil damages, injunction, or other civil remedy.  The successful party to any said litigation to enforce the terms of this agreement shall be entitled to all attorney fees and costs.
 
Notices:
All notices, request, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in the Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
 
Severability:
If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
 
Customer Credits and other Billing Related Issues:
Buyer’s inquiries regarding unused credits or requests to change billing addresses, ship to addresses and/or contact information, shall be addressed to Seller’s Accounts Receivable Department.
 
Part Number Cross Reference:
Buyers are recommended to cross-reference its own part numbers with Seller’s and to provide the cross-referenced part’s numbers to Seller. In the event Seller provides cross-referencing services for Buyer’s parts numbers, Buyer must review and approve the cross-referenced parts numbers prior to use.
 
 
WEBSITE TERMS AND CONDITIONS
 
 
OVERVIEW
This website is operated by South Coast Fasteners, Inc. Throughout the site, the terms “we”, “us” and “our” refer to South Coast Fasteners, Inc. South Coast Fasteners, Inc. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
 
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
 
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 
SECTION 1 – E-COMMERCE (ONLINE STORE) TERMS
  • By agreeing to Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
 
  • You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
  • We reserve the right to refuse service to anyone for any reason at any time.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
 
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written and signed permission by South Coast Fasteners, Inc.
 
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  • We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
 
  • This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
  • Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy which states: Upon delivery to Buyer and subject to the terms of the Section 12, all returns are subjected up to a 20% restocking fee and must be returned in its original packaging. No returns will be accepted without an approved Return Merchandise Authorization (R.M.A.) form from Seller.
 
  • We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
 
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
 
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
  • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
 
  • You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review the return policy.
SECTION 7 – OPTIONAL TOOLS
  • We may provide you with access to third-party tools over which South Coast Fasteners, Inc. neither monitors nor has any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
 
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
 
  • We may also, in the future, offer new services and/or features through the website (incl