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Vendor Terms and Conditions
July 15, 2016
RE: Vendor Defective Product Return Policy
We are writing you regarding our updated "Vendor Defective Product Return Policy". We have been experiencing and absorbing extraordinary costs in handling, processing, accounting, and shipping. These are manufacture defects and accordingly the manufacturer should bear the financial responsibility, not the retailer "Castle Megastore". Effective Immediately Castle will no longer pay freight or return defectives to any vendor. We will provide a list of defectives by store location along with a fully detailed description (UPC, etc). Castle will provide vendors with a consolidated list with all locations on a monthly basis so that vendors can issue the appropriate defect credits.
Please let us know if you have any questions.
Mark A. Franks, President & CEO
Castle Megastore Group, Inc.
Castle Megastore Group, Inc. Purchase Order Terms and Conditions
Vendor warrants that (a) title to the items shall pass to CMG directly and shall be free of all liens, claims and encumbrances, and (b) the items will comply with all warranties, agreements and representations made by you or your agent to CMG. Vendor agrees that all warranties, agreements and representations made by CMG shall be fully enforceable by either CMG or its successors and assigns
If any transportation charges are shown on the Purchase Order, Vendor shall prepay them and include them in the invoice price.
This Purchase Order shall be expressly limited to the terms and conditions hereof and is intended to be a complete and exclusive statement of the agreement between CMG and Vendor.
Without the prior written consent of CMG, which consent CMG may grant or deny in its sole and absolute discretion, Vendor shall not assign, transfer, pledge or hypothecate this Purchase Order, any item identified in the Order or any interest in this Purchase Order or the items or permit CMG’s rights or interests under this Purchase Order to be subject to any lien, charge, or encumbrance of any nature. Vendor’s interest herein is not assignable and shall not be assigned or transferred by operation of law. Consent to any of the foregoing prohibited acts applies only in the given instance and is not a consent to any subsequent like act by Vendor or any other person.
The agreement represented by this Purchase Order shall be interpreted under the internal laws of the state of Arizona, and any dispute that arises out of the sale of goods contemplated herein shall be resolved exclusively in the courts in the Maricopa County, Arizona. Vendor, on behalf of its officers, agents, employees and anyone acting by or through Vendor irrevocably consent and submit to the personal jurisdiction of either of such courts in any such action or proceeding, and waive any claim or defense based on any alleged lack of personal jurisdiction, improper venue, forum non-conveniens or any similar basis. The prevailing party in any action to enforce the terms of this Purchase Order shall, in addition to any other appropriate damages and relief, receive reasonable attorneys’ fees and costs from the non-prevailing party.
Any terms and conditions contained in any invoice responsive to this Purchase Order that are not included herein shall be considered proposed terms and conditions, and shall not become binding on or between the parties unless signed by an authorized officer of CMG.
Subject to the foregoing terms and conditions, CMG shall pay you for all the items received pursuant to the Purchase Order in accordance with the terms stated thereon.
Upon the failure of any of the foregoing terms or conditions, CMG’s obligation hereunder shall be canceled and Vendor shall promptly refund to CMG all sums (including taxes, transportation, installation and other charges) paid for or on account of the items in addition to any damage CMG may have suffered by reason of Vendor’s failure to perform the terms and conditions hereof.
CMG shall have the unconditional right to return any items for a full credit, at the discretion of CMG. No substitutions/non-conforming goods will be shipped by Vendor or accepted by CMG.
Aging terms shall commence one day prior to the date of receipt of goods at CMG’s shipping address identified in the Purchase Order.
Vendor shall confirm inventory availability with CMG upon receipt of the Purchase Order.