TERMS AND CONDITIONS

Buying Pelican Shipping Cases - our terms of business at CasesbyPelican.com   

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

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

OUR BUSINESS HOURS  
Sales & Customer Service 7:30 AM - 4:30 PM Pacific Time Monday thru Friday.
Shipping & Receiving 7:30 am to 3:30 pm Monday thru Friday
Will Call - NO EXCEPTIONS 7:30 am to 3:30 pm Monday thru Friday

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 15 working days for bank clearance before shipping. Please make your checks payable to: CPD INDUSTRIES.

C.O.D. ORDERS: to established firms only (no personal C.O.D.s). All shipping charges plus a C.O.D. charge of $5.00 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.

INTERNATIONAL ORDERS: Pre-paid wire transfer only, for more information please contact our Customer Service Department at (800) 882-4730 (USA) or 909-613-1999 (International).

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 2 to 7 working days of filling the appropriate credit application (CPD Industries' 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. A waiver or a breach of any term or condition shall not be deemed a waiver of similar terms or conditions in the future. 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, CPD Industries shall have the option of passing on the increased cost to customer.

CPD Industries, 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.

SALES TAX:
Only orders shipped to an address in California will be charged 9.00% Sales Tax. (other Online orders are not taxable) For Company purchase orders, do not forget to furnish us your tax exemption certificate. (If applicable).

RETURNS & CLAIMS:
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. 

Stock Items: full refund within 30 days of original purchase.

Non-Stock Items: returns are subject to a 20% re-stocking charge. 

Custom Production Runs / Built to order cases or with custom foam interiors: cannot be returned, unless, of course the return is due to a product defect. (refer to Pelican Case product guarantee or Foam commercial warranty)

CUSTOM PRODUCTION RUN - refers to items that have to be specially manufactured in order to fulfill an order. A Custom Production Run occurs whenever the quantity ordered by the customer exceeds the normal stock levels of inventory on that particular product. Please verify that the product you are ordering meets your requirements, since Custom Production Runs are not returnable.

If your order is a Custom Production Run it will be indicated on the quote or invoice.

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. The retail cost of any missing components (e.g., foam inserts, accessories) will be deducted from the refund amount. All returns must be in like new condition (no scratches, dents, etc.)

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  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

SIGNATURE IS REQUIRED ON ALL OUR SHIPMENTS:
When FedEx or UPS delivers a package, normally someone must sign for it. The signature provides proof that the package has been delivered.

Signature release allows the FedEx or UPS courier to deliver the package without a signature.  For example, if a FedEx Express courier brings your shipment to the recipient address, and no one is there, the courier will generally leave a tag that a delivery was attempted, and will try again on the following business day to deliver the shipment.  In this case, the actual delivery time will be delayed from the original estimate..

When you select Deliver without signature, the FedEx courier is authorized to deliver the package even if no one is present to sign for it at delivery.  

This is a contracted service with FedEx and UPS.  By default, the Signature Release option is disabled.  To enable it, a Signature Release Authorization form must be faxed to CPD Industries and approved.

To obtain a "Release Delivery Authorization Form", click here.

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. 

FREIGHT POLICY - Domestic & International Shipping:
All freight services are provided by non-affiliated freight companies or brokers. Our quoted costs are an estimate and are subject to change without notice. We have no control over stated quotes or costs. All shipments are insured regardless of freight method.

Domestic Shipping:
You may utilize your own freight company/account for domestic shipping, but CPD Industries will be unable to offer freight estimates on your behalf, since we have no access to your account information, rates or discounts .

International Orders:
Freight prepaid is the only option available for international shipments. All shipments are insured regardless of freight method.
Your order may be subject to import duties and taxes which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the customer; we have no control over these charges and cannot predict what they may be.
International shipments are subject to opening and inspection by custom authorities. As the importer you must comply with all laws and regulations of the country in which you are receiving the goods.

Several case models cannot be shipped UPS or FED-EX due to size or weight restrictions, they will be shipped Surface Freight / Common Carrier.

Please contact our Customer Service Department at (800)-882-4730 for more information.

FedEx & UPS Restrictions:
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 warranty. For Pelican Cases & Flashlights, please refer to
Pelican product guarantee or for custom interiors refer to Foam commercial warranty.

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. 

PROPRIETARY DATA:
Data describing CPD Industriesí 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 CPD Industries.

ENGINEERING SERVICE CHARGE:
The "Engineering Service Charge" is designed to cover non-recurring manufacturing expenses related to creating fixtures, tools, jigs, patterns and designs necessary for the initial production of parts. This information is proprietary to CPD Industries and therefore title to all the engineering shall remain with the Seller and it is not transferable to the buyer.

INSPECTION:
Prices are based upon use of CPD Industries 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 CPD INDUSTRIES' 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 CPD INDUSTRIES, ITS SUPPLIERS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING PRODUCTS OR SERVICES AS PART OF THE SERVICE FROM CPD INDUSTRIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF CPD INDUSTRIES 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 CPD INDUSTRIES'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. 

CPD Industries, 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 CPD Industries 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 CPD Industries' Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of these Terms and Conditions available on our Web sites, to be aware of any such revisions. By continuing to purchase CPD Industries 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 CPD Industries 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 CPD Industries 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 CPD Industries. The remedies of CPD Industries 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.


| Site Map | Terms and ConditionsPress Releases  |  Guarantee

CPD Industries is not affiliated with Pelican Products.
All trademarks are registered and/or unregistered trademarks of Pelican Products, Inc., its affiliates or subsidiaries.

Copyright © 2000 - 2015 CPD Industries . This Form's format , the manner it is presented, and the way information is collected are fully
protected by the United States copyright laws and are solely for the noncommercial, internal use of the user and furthermore he or she
agrees that such information shall not be rented, leased, loaned, sold, transferred, assigned, broadcast in any media form, publicly exhibited
or used outside the organization of the user or reproduced, stored in a retrieval system or transmitted in any form or by any means,
electronic, mechanical, photocopying, recording or otherwise.


Last modified: 02/20/2015