Legal

Terms of sale

The terms behind every quote and order: clear pricing, honest dates and fixes when something goes wrong.

The short version. Quotes are good for 30 days. Prices do not include tax or freight unless the quote says so. We tell you right away if anything changes. Defective or wrong items are on us. For government buyers, the terms required by your purchase order or contract come first.

1. Scope and order of precedence

These terms apply to every quote we issue and every order we accept, unless a signed agreement says otherwise. If there is a conflict, this order applies:

  1. Terms that federal, state or local law requires in a government purchase order or contract, such as the Federal Acquisition Regulation clauses in a federal order, including FAR 52.212-4 where it applies.
  2. Other written terms in a signed contract or accepted purchase order.
  3. The quote or order confirmation.
  4. These terms of sale.

Preprinted terms on a commercial buyer's purchase order do not apply unless we agree to them in writing. For federal orders, sections 12 and 15 of these terms apply only to the extent federal law allows.

2. Quotes

  • Quotes are valid for 30 days unless the quote states another period.
  • Quotes are based on the items, quantities, delivery location and date you gave us. If any of these change, the price or ship date may change, and we will send a revised quote.
  • Every line shows either the exact item you asked for or a named equivalent. We never substitute without your approval.
  • Quotes are subject to stock at the time of order. If something sells out before you order, we tell you and offer options.
  • We may correct obvious typing or pricing errors, and we will tell you before you are charged.

3. Orders

An order becomes binding when we confirm it in writing. You can order with a purchase order, a government purchase card, a company card or a signed quote. We send an order confirmation with items, prices and expected ship dates.

4. Prices, tax and freight

  • Prices are in US dollars.
  • Prices do not include sales tax or freight unless the quote says "delivered" or lists them.
  • We charge sales tax where the law requires it, unless you give us a valid exemption or resale certificate, or the purchase is made directly by the federal government with a government purchase card or purchase order.
  • Fees for special handling, such as liftgate, inside delivery or delivery appointments, are shown on the quote when you request those services.

5. Payment

  • Payment terms are shown on the quote and invoice. Unless they say otherwise, invoices for approved accounts and government purchase orders are due 30 days after the invoice date.
  • Federal purchase orders are paid under the Prompt Payment Act and the terms of the order.
  • Card payments are charged when the order ships. On split shipments, each shipment is charged when it ships.
  • We may hold new shipments on a commercial account that is past due.

6. Shipping, title and risk

  • Ship and delivery dates are best estimates based on information from our suppliers and carriers. If a date changes, we tell you right away with a new date and options.
  • Unless the quote or your purchase order says FOB destination, title and risk of loss pass to you when the order is handed to the carrier.
  • We may ship an order in more than one shipment when that gets items to you sooner.

7. Inspection, damage and shortages

Please check deliveries when they arrive. Note any visible damage or missing cartons on the carrier's delivery receipt before you sign, and keep the packaging. Report damage, shortages or wrong items to us within 5 business days of delivery and we will make it right. For government orders, the inspection and acceptance terms of your order control.

8. Returns and cancellations

  • If we shipped the wrong item, or an item arrives defective or damaged, we replace it, credit it or refund it, and we cover the return freight.
  • Other returns need a return authorization from us. Request it within 30 days of delivery. Items must be unused, in their original packaging and resalable. A restocking fee and return freight may apply, and we tell you the amount before you send anything back.
  • Special orders, custom or printed items, cut-to-length products, opened personal care or sanitary items, and hazardous materials cannot be returned unless they are defective or wrong. The quote marks special orders clearly.
  • You may cancel an order for stock items at no charge before it ships. Special orders may not be cancelable once placed with the manufacturer.

9. Warranty

We promise that each item will match the description on your order confirmation. Products carry their manufacturers' warranties, which we pass through to you, and we will help you make any warranty claim.

EXCEPT AS STATED IN THIS SECTION, AND TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

For government orders, this section does not limit any warranty or remedy that your contract or the law requires.

10. Product selection and safety

You are responsible for choosing products that suit your use and for following labels, instructions and safety data sheets. We will gladly help you compare options and will send safety data sheets on request. Our first aid and medical supply is limited to nonprescription consumables. We do not sell prescription drugs or prescription devices.

11. Compliance requirements

If a solicitation or order requires something specific, such as Trade Agreements Act or Buy American compliance, country of origin, recycled content, safety certifications or specific brands, tell us when you request a quote. We will quote only items that meet the requirement or tell you plainly that we cannot. We provide country of origin and manufacturer information on request.

12. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT AN ORDER WILL NOT EXCEED THE PRICE YOU PAID FOR THE ITEMS INVOLVED, AND WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR DOWNTIME.

This section does not limit liability for personal injury caused by our negligence, for fraud or willful misconduct, or any other liability that cannot be limited by law.

13. Events beyond our control

We are not responsible for delays caused by events outside our reasonable control, such as natural disasters, carrier or supplier failures, labor disputes, government actions or public emergencies. If one happens, we tell you right away, give you a new date if we can, and let you cancel affected items without charge if the delay is not acceptable to you.

14. Confidential information

We treat your pricing, solicitation details and order information as confidential and use them only to serve you, except as the law requires.

15. Governing law and disputes

Federal law governs federal orders, and disputes under them follow the Contract Disputes Act and the disputes clause of the order. State and local government orders follow the law named in the order. All other orders are governed by California law, and disputes will be decided in the state or federal courts located in Orange County, California. We always try to resolve problems directly first, so please call or email us.

16. Changes

We may update these terms by posting a new version with a new effective date. The version in effect on the date we confirm your order applies to that order.

17. Contact

Good Vibes Supply LLC
Orange County, California
Email: info@goodvibes.supply
Phone: (949) 426-5900