Terms and Conditions of Sale

Updated: 09/24/2025

1. SALES AGREEMENT. These Terms and Conditions of Sale (this “Agreement”) are published on the official Advantage Moulding, Inc. website at advantagemoulding.com/termsofsale. These terms are incorporated by reference into all sales documents, credit applications, and packing slips signed by you, the Buyer. By signing any of these documents, you acknowledge and agree to be bound by the terms published on the website at the time of signing. This Agreement governs all past, present, and future sales by Advantage Moulding, Inc. (AM) to you, the Buyer. This document constitutes the entire and exclusive agreement between AM and the Buyer. Any additional or different terms in the Buyer’s oral or written offers or acceptances are hereby rejected and do not apply. No third party, including general contractors, may rely on the performance of this Agreement by AM.
   
   
2. QUOTATIONS AND ORDERS. Estimates provided by AM are offers to sell and are valid for seven (7) days from the date of issue unless otherwise specified. A signed Estimate from the Buyer is considered an acceptance of AM’s offer as outlined in the Estimate. Email communication indicating acceptance of the Estimate is also considered acceptance. Verbal statements or understandings are not binding on either party unless confirmed in writing in an AM Estimate, Sales Order, or email referencing either.
   
   
3. PAYMENT. Payment for all invoices is due upon receipt of the invoice on the invoice date, or prior to the delivery date unless separate payment terms have been established in writing with the Buyer. Any invoice not paid upon receipt will be subject to a service charge of 1.5% per month (18% per annum). If payment terms have been established, failure to pay within those terms may result in the cessation of credit sales or a reduction in the amount of credit extended to the Buyer. AM accepts multiple forms of payment.  Note: Payments made by credit card will incur a 3% convenience fee, which will be added to the total amount charged.  Other forms of payment are available which do not incur convenience fees.  If any invoice remains unpaid after 90 days, the Buyer will be in material breach of this Agreement, and AM may, at its discretion, declare the entire outstanding account balance immediately due and payable.
   
   
4. PRICE. Invoices will be sent to the Buyer via email, fax, or U.S. Mail after the goods are delivered. If the Buyer believes any price is incorrect, written notice must be provided to AM within five (5) days of receiving the invoice. If no notice is received, the invoice price will be considered final and binding. All written notices regarding price disputes must be sent via certified mail with return receipt requested.
   
   
5. SCHEDULED SHIP DATES. All delivery dates provided by AM are estimates only. AM is not liable to the Buyer or any other party for any delivery delays. The Buyer should make allowances for potential delays in their project planning.
   
   
6. DELIVERY REQUIREMENTS.

• A responsible party must be on-site to accept and sign for the delivery.
• If no one is present at the scheduled time, the delivery will be returned to the origin.
• A redelivery fee will be applied to reschedule and complete the delivery.
• If redelivery is not scheduled within 5 working days, storage fees will be applicable.
  
  

7. CLAIMS PROCEDURE. ALL CLAIMS FOR DEFECTS, SHORTAGE, OR DAMAGE MUST BE MADE PRIOR TO INSTALLATION OR ALTERATION, AND WITHIN 5 DAYS AFTER RECEIPT. Inspection of products before installation is the responsibility of the purchaser. All claims must be submitted in writing via certified mail with return receipt requested. Failure to strictly follow this procedure is a complete bar to any claim or setoff. Any legal action against AM must be filed within one (1) year of the invoice date. AM may address verbal claims without waiving the requirement for a written claim.
   
   
8. RETURNS. Goods may not be returned to AM for credit without prior written consent from AM. The Buyer must inspect all goods before installation or use. Returned product must be in the same condition as it was received. All returns must be made within 30 days of purchase. All items are subject to a minimum 25% restocking fee. All non-stock items (doors, windows, hardware, moulding, etc.) are subject to a 100% restocking fee. Used or installed goods will not be accepted for return or credit if the defect, nonconformity, or damage could have been reasonably discovered before installation or use.
   
   
9. WARRANTIES. AM makes no representations or warranties regarding the goods. All product lines distributed are subject to manufacturers’ warranty. All implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded.
   
   
10. LIMITATIONS OF LIABILITY. The Buyer’s exclusive remedy for any non-conforming or defective goods shall be limited to AM’s sole discretion to either: (a) repair the goods; (b) replace the goods; or (c) refund the purchase price after the Buyer returns the goods. AM is not responsible for any special, consequential, or incidental damages, including but not limited to loss of profit, revenue, or reputation, or damages caused by delays, back-charges, or loss of use. NOT AT ANY TIME SHALL SELLER BE LIABLE FOR COSTS INCURRED REMOVING, REFINISHING OR REINSTALLING PRODUCT. Seller accepts no responsibility for any loss experienced by the purchaser because of the use of Seller’s products. All goods are sold “as is.”
    
    
11. INDEMNIFICATION. The Buyer shall defend, indemnify, and hold AM harmless from all third-party claims for delays or damages excluded by this Agreement. This also includes any construction defect claims, with the exception that if a court issues a final judgment finding a manufacturing defect in an AM product, AM will reimburse the Buyer for the lesser of the cost of product repair or replacement, but not for any consequential damages such as labor or installation costs.
    
    
12. ATTORNEYS’ FEES AND JURISDICTION. In the event of a lawsuit, the prevailing party is entitled to recover attorneys’ fees. If the claim is for $5,000 or less, the fee will be 40% of the claim, with a minimum of $1,500. If the claim is over $5,000, the fee will be 33.3% of the claim. All legal actions must be filed in the Superior Court of California, County of Orange. If AM assigns a past-due account to a collection agency, the Buyer agrees to pay the agency’s collection fee. The Buyer will also be charged a $50.00 fee for each returned, unpaid check. This Agreement is governed by the laws of the State of California.
    
    
13. SEVERABILITY. If any part of this Agreement is found to be invalid or unenforceable, that part will be removed, and the remaining provisions will remain in full force and effect.
    
    
14. WAIVERS. AM may delay or choose not to exercise any right or remedy without waiving that right or remedy in the future, unless the waiver is in writing and signed by AM.
    
    
15. COLLATERAL RECOVERY. If AM recovers payment from a collateral source (e.g., a mechanic’s lien), AM will credit the Buyer’s account only with the net amount recovered after deducting all legal and administrative costs.
    
    
16. ENTIRE AGREEMENT. This document, as published on the official Advantage Moulding, Inc. website at advantagemoulding.com/termsofsale, along with any signed credit application or sales document that references this Agreement, constitutes the entire understanding between the Buyer and AM. It supersedes all prior representations and understandings and can only be modified by a written document signed by both parties.