Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
Thanks for shopping at Cardinal.
Your purchases made online at www.cardinalpaint.com and all its associated and linked sites (collectively, the “Site”) are subject to the following Terms and Conditions of Sale (“Terms of Sale”) as well as Cardinal’s Privacy Policy and Terms and Conditions of Use.
Returns and Exchange
Your satisfaction with our products is important to us. Cardinal will accept returns of any unused product in its original packaging sold on the Site if returned within 30 days of your receipt of delivery and accompanied by a valid proof of purchase. (An electronic copy of the receipt issued by Cardinal, a paper copy of the receipt or any record of order or invoice number is accepted as a valid proof of purchase.) We will issue an appropriate refund in the original form of tender. You will be responsible for the shipping charge to return any product to us. Shipping costs are non-refundable. If you discover any product has a manufacturer’s defect or was damaged during transit, we will accept the item for return or exchange within 30 days of your receipt of delivery with a valid proof of purchase. Without a proof of purchase, such defective or damaged item can be exchanged only for the same item, and a valid photo ID is required. We are unable to accept any products for return without a valid proof of purchase.
To return any qualifying product, please mail the product to:
Cardinal Paint and Powder, Inc.
eCommerce
1329 Potrero Avenue
South El Monte, California 91733
Please consider using a trackable shipping service or purchasing shipping insurance. Your shipping the merchandise does not guaranty that we will receive your returned item.
Pricing; Taxes
Cardinal reserves the right to change prices for products displayed, advertised or sold on the Site at any time, and to correct pricing errors that may inadvertently occur. In the event you are charged more than the advertised price for a product displayed on the Site, please contact Cardinal at (626) 444-9274.
Cardinal may time to time promote certain products at a discounted sales price. Cardinal will not adjust your purchase price or issue refund or credit in the event that Cardinal reduces or discounts the price on any product you may have previously purchased.
Prices shown are in U.S. dollars. Purchases made using an international credit card are subject to applicable exchange rates. In addition, your bank or credit card issuer may charge foreign conversion charges and fees.
Your online purchases on the Site will be subject to state and local taxes applicable to your shipping address. Your invoice will reflect the final tax amount. For any orders for a tax-exempt organization or individual, please call Cardinal sales support at (626) 444-9274. You will need to provide a proof of your state tax-exempt status.
Product Availability and Limitations; Order Confirmation
Depending on the market condition and availability of raw materials and supplies, Cardinal may have to limit the number of products available for your purchase. Cardinal reserves the right, in its sole discretion, refuse or cancel any order, or limit order quantity. Cardinal may also require additional qualifying information prior to accepting or processing any order. Once we receive your order, we will provide you with an email order confirmation. Your receipt of an order confirmation does not constitute our acceptance of your order or our offer to sell. We are simply confirming that we received your order. Cardinal reserves the right at any time after receiving your order to accept or decline your order, in full or in part, for any reason. If Cardinal cancels an order after you have already been billed, Cardinal will refund the billed amount.
Shipping & Delivery
Cardinal will make a good faith effort to deliver the goods sold on the Site within a commercially reasonable time. If, however, Cardinal is delayed or is unable to fulfill any order in full or in part due to force majeure or for any other reason, Cardinal will not be held liable for such failure or inability to perform beyond the refund of the purchase money tendered for that unfulfilled portion of the order. Since the actual delivery of your order can be impacted by many events beyond Cardinal’s control once it leaves our facilities, Cardinal cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
No Resale Authorized
Unless otherwise expressly authorized by Cardinal, products sold on the Site are for use by end-user customers only. By making a purchase on the Site, you agree that you will not resell any such purchased goods to other third parties. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
U.S. Shipping Only
Products purchased online from Cardinal will only be shipped to addresses within the U.S. in compliance with all applicable laws and regulations.
Limitation on Warranties
Cardinal warrants only that its products shall be free from defects in materials and workmanship under Cardinal’s applicable quality standardS and procedures. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY provided in this paragraph and the remedy set forth below are EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. CARDINAL DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Remedies
the amount of any damages would be extremely difficult or impracticable to prove and unduly disproportionate to the value of the merchandise sold by Cardinal. Accordingly, for any claimS made against Cardinal, whether in contract or in tort, or arising from statute or otherwise, including, without limitation, alleged breach of the express warranty hereinabove provided, infringement of intellectual property or proprietary information, and late or non-delivery of goods, YOUR remedy shall be limited to the replacement of goods sold IN ACCORDANCE WITH OTHER PROVISIONS IN THESE TERMS OF SALE. To the extent the replacement of goods is not viable or practicable as A remedy, YOUR sole remedy shall be the refund of any money paid for the goods returned to Cardinal IN ACCORDANCE WITH OTHER PROVISIONS IN THESE TERMS OF SALE. Such replacement of goods or refund of purchase money (but not both) shall be YOUR sole and exclusive remedy for any claim or aggregate of claims. Except as provided herein and to the maximum extent permitted by law, Cardinal is not responsible for any direct, special, incidental or consequential damages resulting from any breach of warranty, breach of contract, negligence, strict LIABILITY, or under any other legal theory, including but not limited to, loss of actual or anticipated profits; loss of savings; loss of money; loss of business; loss of goodwill; loss of use of the product or any associated equipment; cost of capital; cost of any substitute merchandise, equipment, facilities or services; cost of repainting or refinishing; downtime; any claims of third parties; and injury to property. The exclusive remedy provided under this paragraph shall be limited to each transaction for which specific claims are made; the remedy provided for one transaction under one invoice shall not be construed to extend to any other transactions.
Independent Assessment
Cardinal may from time to time furnish technical information relating to products sold on the Site. It is your responsibility to evaluate such information to make an independent assessment and determination regarding the accuracy or suitability of such information. Cardinal disclaims any warranty of any kind, express or implied, as to the accuracy or applicability of such technical information.
No Modification
Cardinal reserves the right to, from time to time, amend, modify, or update these Terms of Use. Except as so modified by Cardinal, the Terms of Sale shall not be amended, modified, or qualified. No usage of trade or prior course of dealing shall modify, supplement, qualify or interpret the Terms of Sale. Except as expressly modified by Cardinal, these Terms of Sale shall supersede and control over any prior or subsequent terms, representations and understandings, which are inconsistent with the Terms of Sale.
Miscellaneous
If any provision of these Terms of Sale is for any reason held to be invalid, illegal or unenforceable, such provision shall not in any way affect or impair any other provision which shall remain in full force and effect to the maximum extent possible. You shall not assign or transfer any right, title or interest hereunder, in whole or in part, except with the prior written consent of Cardinal. Cardinal reserves the right to sell, assign or otherwise transfer its right to a third party. These Terms of Sale and sales transactions made on the Site shall be interpreted and enforced according to the laws of the State of California.
Information contained in this website is subject to change without notice.
Cardinal Paint and Powder, Inc. | 1329 Potrero Avenue, South El Monte, California 91733 | Tel. (626) 444-9274 | Fax (626) 444-0382