Terms & Policies
About All Tecate Group Website Visitors
Tecate Group websites automatically gather certain usage information, such as the quantity and frequency of visitors to the website and its areas. We only use such data in aggregate form. The data helps us determine how often our customers use different parts of the website. This allows us to improve our site to assure that it is as appealing as we can make it for as many of our customers as possible.
Information About You
When you access a Tecate Group website, you may obtain access to features that contain personal information. We may ask for information about you or your company when you sign up to use a service or when you order a product. We may require certain information, such as name, e-mail address, shipping/billing address, telephone and fax numbers, and credit card number, in order to provide that service or product to you. We may also use that information to let you know about additional products and services that might interest you. “Opt-out” instructions from all our newsletters and press material are included in each issue.
All information transmitted on the Tecate Group website is confidential and will not be sold, licensed, or given away to any external source. Tecate Group may share such information in response to legal processes, such as a court orders or subpoenas, or in special cases, such as physical threats to you or others.
Online Return Policy
You may return items purchased by credit card from Tecate Group within 30 days of delivery for a full refund. We will also pay the return shipping cost if the return is a result of our error. Please email us at email@example.com so that we may send you the return instructions. Your credit card will be credited promptly upon receipt of the returned items.
Terms of Purchase
Acceptance and Governing Provisions
Each purchase order issued by Tecate Industries, Inc. dba Tecate Group ("Buyer") that incorporates or references these terms and conditions of purchase represents an offer by Buyer to buy the goods and/or services described on the purchase order (and in all specifications and data submitted with the purchase order) from the vendor to which this offer is addressed ("Vendor"), subject to these terms and conditions of purchase. This offer is not an acceptance of any offer by Vendor to sell, and it is expressly conditioned upon assent to these terms and conditions. Buyer objects to any and all additional and different terms contained on any of Vendor's quotations, acknowledgements, invoices, or other forms, or in any other communications from Vendor. If not previously accepted, this offer expires 30 calendar days from its date or upon Buyer's prior notice of expiration to Vendor, unless goods conforming to this offer are subsequently shipped by Vendor and accepted by Buyer. This offer, including Buyer's purchase order and these terms and conditions of purchase, when accepted by Vendor explicitly, by shipment of ordered goods or performance of ordered services or otherwise, shall constitute the entire agreement between the parties on the subject hereof (the "Contract"), superseding any and all prior and contemporaneous understandings, communications, and negotiations, whether written or oral. THIS OFFER AND ANY CONTRACT RESULTING FROM THE ACCEPTANCE OF THIS OFFER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, U.S.A. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS CONTRACT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
Price; Security Interest
All prices are firm, and no additional charges will be allowed unless specifically provided for on Buyer's purchase order. All time periods for determining payment due dates and availability of discounts commence upon Buyer's receipt of the ordered items or receipt of an invoice, whichever is later. If Buyer is to make any payment before Buyer's receipt of the ordered goods, Vendor grants Buyer a security interest in those goods and all proceeds of those goods to secure performance of Vendor's obligations under this Contract and agrees that Buyer may file such financing statements or other documents as Buyer may reasonably consider necessary or appropriate to perfect its security interest.
Vendor shall deliver the goods, in the quantities, in accordance with the delivery schedule and the specifications (as well as the sample approved by Buyer, if any), and at the prices specified on Buyer's purchase order or in any document attached to or referenced in the purchase order. Failure of Vendor to comply with these requirements shall entitle Buyer, in addition to any other rights or remedies, to cancel the order for breach and be relieved of all liability for any undelivered portion. Time is of the essence with respect to Vendor's performance. Vendor shall not unreasonably anticipate delivery by purchasing materials or components or manufacturing quantities in excess of what is reasonably required to meet Buyer's delivery schedule. Goods received in advance of Buyer's delivery schedule may at Buyer's option be returned at Vendor's risk and expense or be accepted and payment withheld until after the scheduled delivery date.
In the event that Vendor breaches any of its obligations under this Contract, Buyer may, at its option, purchase substitute goods or services, and Vendor shall pay to Buyer the excess of the cost of such substitute goods or services over the purchase price provided in Buyer's purchase order, plus all damages, losses, and expenses incurred by Buyer as a result of Vendor's breach. In the event Vendor is late in delivering goods or performing services, Buyer may deduct damages, losses, and expenses resulting from the delay from the purchase price of the goods or services. Buyer shall not be required to accept replacements or substitutes, or to permit cure of defects in any goods or services rightfully rejected. Vendor shall be liable for all direct, consequential, indirect, and incidental damages arising from any breach of any of Vendor's obligations under this Contract or any defect in the goods or services furnished. The remedies set forth in this paragraph shall be in addition to, and not in lieu of, any other remedies that Buyer may have under the applicable purchase order or under applicable law.
Packing and Shipping
All goods shall be suitably packed, marked conspicuously with Buyer's purchase order number, and shipped in accordance with shipping instructions specified by Buyer and otherwise in accordance with the requirements of common carriers so as to obtain the lowest transportation cost. Buyer shall have the right to route all shipments. No charge shall be made to Buyer for packaging, boxing, or cartage unless separately itemized on Buyer's purchase order. Vendor shall be liable to Buyer for all losses, expenses, and damages resulting from Vendor's failure to act so as to provide adequate protection during shipment. Additional expenses, charges, or claims incurred as a result of deviation from the specified route, non-compliance with other shipping instructions or improper description of the shipment in shipping documents shall be Vendor's responsibility. Immediately upon shipment Vendor is to notify Buyer, advising of complete shipping and routing information.
Vendor agrees to permit Buyer to have access to Vendor's facilities at all reasonable times for the purpose of inspecting any goods set forth in Buyer's order or work in progress for production of such goods. All goods are subject to final inspection and approval at Buyer's plant or other place designated by Buyer. Such inspection shall be made within a reasonable time after delivery, but not less than 90 days, irrespective of the date of payment. Notwithstanding any payment that may be made, no goods are to be deemed accepted until Buyer has had a reasonable opportunity to inspect them.
Buyer may return rejected items at Vendor's risk and expense. Vendor shall not replace items returned as defective unless so directed by Buyer in writing.
Buyer may make changes in data sheets, drawings, specifications, quantities, delivery schedules, and/or methods of shipment or packaging on any item at any time. If such changes result in an increase or decrease in the cost or in the time required for performance, an equitable adjustment of price and/or delivery schedules may be made, or Buyer may, at its option, terminate its order pursuant to the "Cancellation by Buyer" paragraph below if agreement on an equitable adjustment cannot be reached. Claims for equitable adjustment must be asserted by Vendor within 10 calendar days of the issuance of the change order. Change orders issued by Buyer shall be deemed to amend the Contract.
Risk of Loss
Notwithstanding any applicable terms of shipment, the risk that the ordered goods may be lost, damaged, or delayed in transit shall be borne by Vendor until actual receipt of them by Buyer in conformity with the terms of this Contract.
In addition to its standard warranty and/or service guaranty, Vendor warrants that all goods supplied shall: be free and clear of all liens, security interests, and encumbrances, with good and merchantable title to such goods being in the Vendor; be new and unused; be free from any defects in design, material, or workmanship and of good and merchantable quality; conform to Buyer's specifications or the sample approved by Buyer, as the case may be, and be fit for the known purposes for which purchased; and comply and have been produced, processed, packaged, labeled, delivered, and sold in conformity with all applicable national, federal, state, local, and other laws, rules, regulations, and orders; and Vendor also warrants that all services will be performed timely, properly, and in a good and workmanlike manner. The foregoing warranties shall survive inspection, delivery, performance, and payment and shall run in favor of Buyer and its customers, whether direct or indirect.
Vendor shall not assign or sublet the work to be done without the prior written consent of Buyer; but this provision shall not restrict Vendor in the procurement of component parts or materials. If this order is terminated by Buyer for its convenience, Buyer's liability to Vendor with respect to such parts or materials shall not exceed the amount for which Vendor would be liable to its supplier or suppliers if such liability were determined on the basis of the "Cancellation by Buyer" paragraph below. No modifications or amendments to this Contract shall be valid or binding unless made in writing and signed by an authorized representative of Buyer or contained in a change order issued by Buyer.
Buyer shall not be liable for any national, federal, state, or local taxes, duties, fees, customs, tariffs, charges, or assessments in connection with the sale, purchase, performance, transportation, use, or possession of the goods or services ordered under this Contract, except those that may be expressly set forth on Buyer's purchase order.
Vendor warrants that neither the goods or services furnished under this Contract, nor the purchase, sale, resale, performance, or use of such goods or services, shall infringe or contribute to the infringement of any patent, copyright, trademark, trade dress, or trade secret in the United States or elsewhere, and Vendor shall indemnify, defend, and hold harmless Buyer, its successors and assigns, and Buyer's customers, whether direct or indirect, against any and all losses, liabilities, damages, and expenses (including without limitation attorneys' fees and other costs of defending any infringement action) which they, or any of them, may sustain or incur as a result of any breach of this warranty. Vendor shall also indemnify, defend, and hold harmless Buyer, its successors and assigns, and Buyer's customers, whether direct or indirect, against any and all losses, liabilities, damages, and expenses (including without limitation attorneys' fees and other costs of defending any action) which they, or any of them, may sustain or incur as a result of any claim of negligence, breach of warranty or contract, defect, or strict liability in tort in connection with the goods or services furnished under this Contract or any breach of this Contract by Vendor, except any such as may be caused solely by the negligence of Buyer, its successors and assigns, and/or its customers.
Cancellation by Buyer
Buyer shall have the right to cancel and terminate purchase orders without cause for its convenience, and in such event Buyer's liability shall be limited to Vendor's actual and substantiated cost of work and material, applicable solely to the canceled order, which shall have been expended before notice of cancellation has been received by Vendor.
Drawings, Specifications, and Technical Information
Drawings, specifications, data sheets, photographs, and other engineering and manufacturing information supplied by Buyer shall remain Buyer's property, shall be treated by Vendor as Buyer's confidential information, and shall be returned to Buyer upon completion of this Contract or upon demand. Any information that Vendor may disclose to Buyer with respect to the design, manufacture, sale, or use of the items covered by Buyer's orders shall be deemed to have been disclosed as part of the consideration for Buyer's orders, and Vendor shall not assert any claim (other than a claim for patent infringement, if applicable) against Buyer by reason of Buyer's use of such information.
Buyer's Property; Tools
Vendor shall insure, and bear the risk of loss of or damage to, any property of Buyer in Vendor's possession or under Vendor's control for performance of the Contract. Tool or equipment charges convey ownership of the tools or equipment to Buyer, and Vendor shall deliver such tools and equipment (and all other property of Buyer) to Buyer on demand.
Components Disclosure; Special Warnings
If requested by Buyer from time to time, Vendor shall promptly furnish to Buyer in English and in such form and detail as Buyer may direct: (a) a bill of materials for or list of all ingredients, components, or constituents in the goods purchased under this Contract, (b) the amount of any one or more of such ingredients, components, or constituents, and (c) information concerning any changes in, additions to, or deletions from any such ingredients, components, or constituents. Prior to and with the shipment of goods purchased under this Contract, Vendor agrees to furnish to Buyer in English sufficient written warning and written notice, including appropriate labels on goods, containers, and packaging, of any hazardous material that is an ingredient or a part of any of the goods, together with such special handling instructions in English as may be necessary to advise carriers, Buyer, and their respective employees as to how to exercise that measure of care and precaution that will best prevent bodily injury and property damage in the handling, transportation, processing, use, resale, and/or disposal of the goods, containers, and packaging shipped to Buyer.
Compliance with Laws
Vendor shall comply with all applicable local, state, federal, and national laws, regulations, rules, and orders in connection with performance of Buyer's orders, including without limitation the U.S. Foreign Corrupt Practices Act, as amended, the Occupational Safety and Health Act, as amended, and all laws and regulations governing protection of the environment and the compensation and working conditions of the workers who perform Buyer's orders. Vendor certifies that all goods furnished under this Contract shall have been produced in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended.
No waiver by Buyer of any of the provisions of this Contract shall be effective unless explicitly set forth in writing and executed by an authorized officer of Buyer. Except as set forth in the preceding sentence, no action taken pursuant to this Contract or omission shall be deemed to constitute a waiver by Buyer of compliance with any warranties or covenants made by Vendor in the Contract. The waiver by Buyer of a breach of this Contract shall not operate or be construed as a waiver of any prior or subsequent breach.
Any and all disputes arising out of this Contract or its performance or breach, or out of goods sold or services rendered by Vendor, that are not resolved through good-faith negotiations of the parties shall be resolved through binding arbitration in San Diego, California, U.S.A. under the rules of the American Arbitration Association. The arbitration proceedings shall be conducted in the English language by a single neutral arbitrator who is fluent in English. This provision shall not impair the right of either party to seek injunctive relief from any court of competent jurisdiction, pending and/or in aid of arbitration, in the event that party is confronted with a genuine risk that it will suffer irreparable injury before relief can reasonably be anticipated in the arbitral forum.
Revision: November 15, 2016
Terms of Sale
Offer, Governing Provisions, and Cancellation
These terms and conditions of sale, together with the Sales Acknowledgment, Quotation, or Invoice that references or incorporates them, constitute an offer or counter‑offer by Tecate Industries, Inc. dba Tecate Group ("Seller") to sell the goods and/or services described in Seller's Sales Acknowledgment, Quotation, or Invoice to the customer to which this offer is addressed ("Customer") in accordance with these terms and conditions. This offer is not an acceptance of any offer made by Customer and is expressly conditioned upon assent to these terms and conditions. ALL SALES ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE. ACCEPTANCE OF SHIPMENT OR PAYMENT BY CUSTOMER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE. No additional or different terms or conditions will be binding upon Seller, and Seller objects to any and all additional and different terms or conditions contained in any purchase order, request for quotation, or other forms or communications from Customer. These terms and conditions of sale, together with Seller's Sales Acknowledgment, Quotation, or Invoice that references or incorporates them, shall be the binding "Contract" between Seller and Customer. No order may be canceled or altered by Customer except upon terms and conditions acceptable to Seller, as evidenced by Seller's written consent. In the event of such an approved cancellation by Customer, Seller shall be entitled to payment of the full price, less the amount of any expenses saved by Seller by reason of the cancellation.
Prices and Payment
All prices are subject to change upon notice; and the price of goods on order but unshipped will be adjusted to the price in effect at the time of shipment. Unless otherwise provided on Seller's Sales Acknowledgment or Invoice, payment is due upon Customer's receipt of Seller's invoice. Interest will be charged at the lesser of (i) the rate of 18% per year, or (ii) the highest rate permitted by applicable law, on accounts that are past due.
Taxes and Other Charges
Any manufacturer's tax, occupation tax, use tax, sales tax, value-added tax, excise tax, duty, tariff, custom, inspection or testing fee, or any other tax, fee, interest, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Customer, shall be paid by Customer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee, interest, or charge, Customer shall reimburse Seller therefor upon demand.
Delivery, Claims and Force Majeure
Unless otherwise agreed by Seller in writing: (i) for domestic U.S. shipments, shipping terms shall be F.O.B. (as that term is used in the Uniform Commercial Code) Seller's shipping point, freight collect; and (ii) for international shipments, shipping terms shall be EXW Seller's shipping point (Incoterms 2010). Delivery of goods to a carrier at Seller's plant or other shipping point shall constitute delivery to Customer; and regardless of shipping terms or freight payment, Customer shall bear all risk of loss or damage in transit. Seller reserves the right to make delivery in installments, unless otherwise expressly agreed by Seller; all such installments shall be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery must be made in writing to Seller within 5 calendar days after receipt of shipment, and failure to make such claims within said time period shall constitute unqualified acceptance and a waiver of all such claims by Customer. Claims for loss of or damage to goods in transit must be made to the carrier and not to Seller.
All delivery dates are approximate. Seller shall not be liable for any damage, loss, or penalty as a result of any delay in delivery or failure to deliver due to any cause beyond Seller's reasonable control, including, without limitation, any act of God, act of Customer, embargo or other governmental act, failure to act, regulation or request, fire, flood, hurricane or other severe storm, accident, strike, slowdown, war, terrorist act or threat, riot, delay in transportation, or inability to obtain necessary labor, materials, components, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Customer's exclusive remedy for other delays and for Seller's inability to deliver for any reason shall be rescission of this Contract with respect to undelivered quantities.
If the goods are not shipped within 15 calendar days after notification to Customer that they are ready for shipping, for any reason beyond Seller's reasonable control, including Customer's failure to give shipping instructions, Seller may store such goods at Customer's risk in a warehouse or yard or upon Seller's premises, and Customer shall pay all handling, transportation, and storage costs at the prevailing commercial rates upon submission of invoices for such costs.
Seller may at any time make such changes in design, materials, and/or construction of goods as shall constitute an improvement in the judgment of Seller. Seller may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers.
Seller warrants goods that are supplied under this Contract to be free from defects in materials and workmanship for a period of 90 calendar days from date of shipment. If within such period any such good shall be proved to Seller's satisfaction to be defective, such good shall be repaired or replaced or Seller shall credit Customer for the price paid by it for such good, at Seller's option. Such repair, replacement, or credit shall be Seller's sole obligation and Customer's exclusive remedy, and shall be conditioned upon Seller's receiving written notice of any alleged defect within the above warranty period and within 10 calendar days after its discovery and, at Seller's option, return of such goods to Seller, F.O.B. Seller's factory (or DDP Seller's factory (Incoterms 2010) for international transactions). THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED; AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Any description of the goods (whether in writing or made orally by Seller or Seller's employees or agents), specifications, data sheets, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with Customer's order are for the sole purpose of identifying the goods and shall not be construed as an express warranty. Any suggestions by Seller or Seller's employees or agents regarding use, application, or suitability of the goods shall not be construed as an express warranty unless confirmed to be such in a writing signed by Seller.
Goods ordered on a Non-Cancelable Non-Returnable ("NCNR") basis cannot be returned to Seller. Other goods may be returned to Seller only if and when Customer obtains Seller's advance written permission, upon terms acceptable to Seller. Returned goods must be securely packaged to reach Seller without damage and must be properly identified and marked with the Return Material Authorization (RMA) number issued by Supplier; any cost Seller incurs to put returned goods in marketable condition will be charged to Customer.
Limitations of Liability; No Consequential Damages; Indemnity
Seller's liability with respect to the goods and/or services sold under this Contract shall be limited to the warranty provided in the "Warranty; Disclaimer" section of these terms and conditions and, with respect to other performance of this Contract, shall be limited to the Contract price. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHER THEORIES OF LAW OR EQUITY, WITH RESPECT TO THIS CONTRACT OR ANY GOODS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property or personal injury damages, penalties, administrative fees, overhead, special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated products or equipment, cost of capital, cost of substitute goods, facilities or services, down‑time, shut‑down or slow‑down costs, or for any other types of economic loss, or for claims of Customer's customers or any third party for any such damages, costs, or losses. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTINGENT DAMAGES, WHICH ARE DISCLAIMED BY SELLER.
Customer shall defend, indemnify, and hold harmless Seller against any and all losses, liabilities, damages, and expenses (including, without limitation, attorneys' fees and other costs of defending any action) that Seller may incur as a result of any claim by Customer, its customers, or others arising out of or in connection with the goods and/or services sold under this Contract and based on product or service defects not proven to have been caused solely by Seller's negligence.
Any data sheets, drawings, or samples submitted by Seller to Customer shall remain solely owned by Seller, shall be treated as Seller's confidential information unless Seller has in writing indicated a contrary intent, and shall be returned to Seller upon demand. No use or disclosure of such data sheets, drawings or samples, or any design or production techniques revealed thereby, shall be made by Customer without the express, prior written consent of Seller.
Any property of Customer placed in Seller's custody for performance of this Contract is not covered by Seller's insurance, and no risk is assumed by Seller in the event of loss of or damage to such property by fire, water, burglary, theft, civil disorder, accident, or other cause.
Any dies, jigs, or tools that Seller manufactures or acquires for performance of this Contract shall remain solely owned by Seller, notwithstanding any charges for such dies, jigs, or tools. Tool charges convey to Customer the right to have the tools, dies, or jigs used by Seller for performance of this Contract, but they do not convey title or right of possession. Seller shall be responsible for routine maintenance and repair of such tools, dies, and jigs. Major overhauls, replacements, or changes shall be charged to Customer.
Any and all disputes arising out of this Contract or its performance or breach, or out of goods sold or services rendered by Seller, that are not resolved through good-faith negotiations of the parties shall be resolved through binding arbitration in San Diego, California, U.S.A. under the rules of the American Arbitration Association. The arbitration proceedings shall be conducted in the English language by a single neutral arbitrator who is fluent in English. This provision shall not impair the right of either party to seek injunctive relief from any court of competent jurisdiction, pending and/or in aid of arbitration, in the event that party is confronted with a genuine risk that it will suffer irreparable injury before relief can reasonably be anticipated in the arbitral forum.
Fair Labor Standards Act Certificate
Seller hereby certifies that the goods sold under this Contract were produced in compliance with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and all applicable regulations and orders of the U.S. Department of Labor issued under section 14 thereof.
THIS CONTRACT AND THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SELLER AND CUSTOMER, SUPERSEDING ANY AND ALL PRIOR ORAL AND WRITTEN NEGOTIATIONS AND UNDERSTANDINGS, AND SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, U.S.A. (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THERE ARE NO CONDITIONS AFFECTING THIS CONTRACT THAT ARE NOT EXPRESSED IN THIS CONTRACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS CONTRACT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
Revision: November 15, 2016