Boulevard Woodworks, LLC.
dba Boulevard Customs and East Coast EcoPoxy
Woodbridge, NJ 07067
1. Interpretation
1.1. In these Terms:
“Customer” means any persons\Company or employees of persons\Company purchasing Goods from Boulevard Customs.
“Goods” means all goods and\or services sold and\or delivered by Boulevard Customs to the Customer.
“Terms” means information provided with in these Terms and Conditions of sale or amendatory documents.
“Samples” means an item used specifically as an example of and not to be represented as a sale product.
2. Application
2.1. These Terms apply to all contracts for the sale of Goods by Boulevard Customs.
2.2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on Boulevard Customs unless confirmed by Boulevard Customs in writing.
2.3. The Customer acknowledges that no employee or agent of Boulevard Customs has any right to make any representation, warranty or promise in relation to Goods or the sale of Goods other than as contained in these Terms.
3. Prices
3.1. Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
3.2. Any changes or request for additional made by the Customer or Boulevard Customs are subject to additional charges and fees.
4. Payment
4.1. Payments are to be made to Boulevard Customs without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2. A deposit of 60% of the invoice price must be paid when placing an order.
4.3. The balance of the invoice price must be paid in full before or at time of delivery or collection of Goods.
4.4. Interest is payable on all overdue accounts calculated on a daily basis at the rate of 10% per month from the date due for payment until payment is received by Boulevard Customs.
5. Delivery
5.1. The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
5.2. If the Customer fails to collect the Goods or accept delivery within 15 days of being notified of their availability, Boulevard Customs may terminate this contract, keep the deposit and resell the Goods.
5.3. In addition to clause 4.4, Boulevard Customs reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $100.00 per week or part thereof.
5.4. Boulevard Customs reserves the right to deliver the Goods in whole or in installments, as well as to deliver prior to the date for delivery; with notice; and, in such event, the Customer must not refuse to take delivery of Goods.
5.5. Any failure on the part of Boulevard Customs to deliver installments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
6. Title
6.1. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7. Risk and Insurance
7.1. The Goods are entirely at the risk of the Customer from the moment of delivery to the Customers point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.2. The Customer must, at its own expense, maintain the Goods and insure them for benefit of Boulevard Customs against theft, breakdown, fire, water, and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8. Inspection
8.1. Unless the Customer has inspected the Goods and given written notice to Boulevard Customs at time of collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9. Cancellations
9.1. No order may be cancelled, modified or deferred without prior written consent of Boulevard Customs (which is at the sole discretion of Boulevard Customs). If such consent is given it is, at Boulevard Customs election, subject to Boulevard Customs being reimbursed all losses, including loss of profits, and paid cancellation fee (being not less than 20% of the invoice price of the Goods).
10. Limited Liability
10.1. Boulevard Customs is not subject to, and the Customer releases Boulevard Customs from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that Boulevard Customs is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
10.2. Boulevard Customs reserves the right at its own discretion to:
(a) replace or repair any Goods or supply equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods
10.3 Upon receipt of order, the Customer, releases Boulevard Customs and any of its employees and properties of any liabilities associated with Goods including, but not limited to, any damages, loss, or bodily injury in any form
and
in either case, Boulevard Customs will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
11. Warranty
11.1. All Goods are subject to natural movement such as, but not limited to, checking, cracking, twisting, cupping, splitting, and discoloring. Boulevard Customs will not be held responsible, or will it be required to issue repairs for any of these under any circumstances.
11.2. Boulevard Customs issues guarantee only on its craftsmanship for a duration of 90 days from date of acceptance/delivery.
11.3. It is the sole responsibility of the Customer to properly maintain and treat all Goods to ensure longevity.
11.4. A refund, partial or full, or repair may be issued only at the discretion of Boulevard Customs and all refund amounts or levels of repair are to be decided by an authorized representative of Boulevard Customs.
12. Display and Samples
12.1. Any display product or sample provided or inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
12.2. Any Goods supplied as a sample are intended to be used with in the definition of sample with in these Terms and are not to be sold by the Customer as a product and are to be returned to Boulevard Customs unless otherwise specified in relevant purchasing invoice(s).
13. Contract
13.1. The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at Boulevard Customs place of business, where an order was placed and any cause of action is deemed to have arisen there.
13.2. The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made via Boulevard Customs online services/website, where an order was placed and any cause of action is deemed to have arisen there.
14. Returns
14.1. Only manufactured items can be returned (EcoPoxy, Odie's Oil, etc.) Custom built/etched/modified items are not returnable or refundable.
14.2. Returns can only be made within 14 calendar days of purchase. If the 14th calendar day falls on a Sunday then it will be extended to that Monday (the following day).
14.3. All returns must be in original condition, unopened, in un-altered packaging.
14.4. ONLY PRODUCTS WITH A SECURITY SEAL OR SPILL SEAL ARE RETURNABLE. All products are subject to a full inspection of packaging and contents thereof. Any determination that the material has been altered in anyway will result in a declined return.
14.5. Return packages must be fully insured for original purchase price, have tracking which must be provided to customer service, and clearly display the order number on the outside of the return package.
14.6. In the event a return is declined, the customer is responsible for return shipping to their location and no refund will be issued
14.6.1 Should the customer refuse to fund the return shipping the products will be disposed of and no refund will be issued.
14.7. If a return is approved a credit for original purchase price minus original shipping will be issued within 48 hours but may take 5-7 days to reflect with the original payment method.
14.7.1 Buyer is responsible for cost of return shipping; return shipping is non-refundable.
14.8 Special order or non-stocked items are not returnable under any circumstance.
14.8.1 Any damaged items may be replaced
14.8.2 Buyer is responsible for disposal of damaged goods
15. No Assignment
15.1. Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of Boulevard Customs, which is at Boulevard Customs absolute discretion.
16. Sever-ability
16.1. If any provision contained in the Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
17. Governing Law
17.1. These Terms and the Contract shall be governed by the law of the State of New Jersey and the parties submit to the courts of the State of New Jersey in respect to any dispute arising.