Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
RETURNS & CLAIMS:
If for any reason you are not completely satisfied with your product, we will gladly exchange it or give you a refund, excluding freight, within 30 days of original purchase. Stock Items: full refund within 30 days of original purchase. Non-Stock Items: returns are subject to a 20% re-stocking charge. Custom Production Runs / Built to order cases or with custom foam interiors: cannot be returned, unless, of course the return is due to a product defect. (refer to Pelican Case product guarantee or Foam commercial warranty)
CUSTOM PRODUCTION RUN
- refers to items that have to be specially manufactured in order to fulfill an order. A Custom Production Run occurs whenever the quantity ordered by the customer exceeds the normal stock levels of inventory on that particular product. Please verify that the product you are ordering meets your requirements, since Custom Production Runs are not returnable. If your order is a Custom Production Run it will be indicated on the quote or invoice. Please contact our Customer Service Department at (800) 882-4730 (USA) or 909-613-1999 for return authorization number (RMA) before shipping your merchandise. Make sure to send your item freight pre-paid and to use the original packaging to ensure the product arrives in good condition. The retail cost of any missing components (e.g., foam inserts, accessories) will be deducted from the refund amount. All returns must be in like new condition (no scratches, dents, etc.)
HOW WE SHIP:
All orders are F.O.B. (Montclair, California) unless otherwise specified. Most orders are shipped via FedEx Ground service (Continental USA), but the following options are available at an additional cost: FedEx First Overnight - by a.m. or 8:30 a.m. next business day depending on the destination zip code. FedEx Priority Overnight - by 10:30 a.m. next business day FedEx Standard Overnight - by 3 p.m. next business day FedEx 2Day - by 4:30 p.m. second business day FedEx Express Saver - by 4:30 p.m. third business day
Signature is Required on all our shipments:
When FedEx or UPS delivers a package, someone must sign for it. The signature provides proof that the package has been delivered. Signature release allows the FedEx or UPS courier to deliver the package without a signature. For example, if a FedEx Express courier brings your shipment to the recipient address, and no one is there, the courier will generally leave a tag that a delivery was attempted, and will try again on the following business day to deliver the shipment. In this case, the actual delivery time will be delayed from the original estimate. This is a contracted service with FedEx and UPS. By default, the Signature Release option is disabled. To enable it, a Signature Release Authorization form must be faxed to CPD Industries and approved. To obtain a "Release Delivery Authorization Form", click here. When you select Deliver without signature, the FedEx courier is authorized to deliver the package even if no one is present to sign for it at delivery.
Delivery dates are quoted in good faith, but are not guaranteed. We cannot assume any risk or liability for delay or non-fulfillment of shipments due to acts of God, war, strikes, breakdowns, fires, government orders, or other causes beyond our control. A refund or credit will be given only for the portion of the transportation charges applicable to those packages in the shipment as to which there was a package timely delivery failure by FedEx or UPS.
are always welcome and our Customer Service Department will gladly help you find the most economical way to ship your order. Arrangements can be easily made to have any of this services charges billed to your own Company Shipper's Account Number (UPS, Fed-Ex and other major Common Carriers) at no extra cost. Please contact our Customer Service Department at (800)-882-4730 for more information. A few items in our Web Site cannot be shipped UPS or FED-EX due to size or weight restrictions, they will be shipped Surface Freight / Common Carrier. Please remember: FedEx, UPS and other carriers will not refund or give credit of any kind as a result of, any loss, damage, delays, or failure to deliver the merchandise caused by or resulting in whole or in part from: Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to their personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems). Damage or loss of articles and the recipient accepts the shipment without noting the damage on the shipper’s delivery record. The buyer's failure to provide accurate delivery address information. Shipments released without obtaining a signature if a signature release is on file. The shipment was undeliverable or returned or the shipment was delayed due to an incorrect address or ZIP code or the unavailability or refusal of an appropriate person to accept delivery or sign for the package.
Should you have any problems, questions or comments, please let us know. We will do our utmost to earn your continued confidence in our products. In the unlikely possibility that you should have a problem, every product you purchase from us carries a warranty. For Pelican Cases & Flashlights, please refer to Pelican product guarantee or for custom interiors refer to Foam commercial warranty.
Although we carry a huge amount of inventory. At times, however, an item will be in short supply. You will be notified if an order cannot be shipped in a timely manner. We will not charge your credit card for orders that have not been shipped, except for Special Custom Orders.
Data describing CPD Industries’ products, designs, drawings or processes are considered proprietary and competition sensitive. Any such data in Customer’s possession shall be kept in confidence and shall only be disclosed to individuals within Customer’s organization who have a need to know. Upon request Customer shall return any printed or software based proprietary data to CPD Industries.
ENGINEERING SERVICE CHARGE:
The "Engineering Service Charge" is designed to cover non-recurring manufacturing expenses related to creating fixtures, tools, jigs, patterns and designs necessary for the initial production of parts. This information is proprietary to CPD Industries and therefore title to all the engineering shall remain with the Seller and it is not transferable to the buyer.
Prices are based upon use of CPD Industries standard quality assurance procedures. Quality control in excess of such standard procedures shall be at Customer’s expense. The advice, assistance and design of custom cases by our employees and agents are based upon information you provide. Buyer has the final decision of merchantability and fitness of our products for his particular purposes. We will not accept any liability in the event of a damaged shipment.
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY CPD INDUSTRIES' PRODUCT OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH PRODUCTS OR SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL CPD INDUSTRIES, ITS SUPPLIERS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING PRODUCTS OR SERVICES AS PART OF THE SERVICE FROM CPD INDUSTRIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF CPD INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN CPD INDUSTRIES'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. CPD Industries, its suppliers and contractors will not be liable for any indirect, punitive, incidental or consequential damages, loss of income or profit, or special damages, regardless of whether a claim for such damages is based on warranty, contract, negligence, product delays, misdelivery, non-delivery, failure to provide information or otherwise, loss or liability resulting from acts of god; loss or liability resulting from errors, omissions, or misstatements in any and all information of our product(s) or service(s) provided under this agreement; loss or liability as a result of the application of our dispute policy.
MODIFICATIONS TO OUR TERMS & CONDITIONS:
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that CPD Industries reserves the right to unilaterally modify, amend, change, including, but not limited to, prices, services, features of service, and these Terms and Conditions without notice. Any such revision or change will be binding and effective after posting of the revised Terms and Conditions or change to the service(s) on CPD Industries' Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of these Terms and Conditions available on our Web sites, to be aware of any such revisions. By continuing to purchase CPD Industries products and services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of CPD Industries is authorized to alter or amend the terms and conditions of this Agreement.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. You and CPD Industries agree that any disputes related to the products and services provided under this Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. We each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Superior Court of California, County of San Bernardino. If there is no jurisdiction in the Superior Court of California, County of San Bernardino, then jurisdiction shall be in the United States District Court for the Southern District of California.
The parties hereby waive any right to jury trial:
You will not have the right to a trial by jury with respect to any action brought in connection with this Agreement and your claim shall be resolved by binding arbitration, administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, including, when appropriate, its Procedures for Large, Complex Commercial Disputes. These Rules, as amended from time to time, are available on the Web at www.adr.org. You agree to pay all filing and other administrative fees necessary to initiate any such arbitration, subject to the right of the arbitrator to reallocate and assess such fees against other parties to the arbitration in accordance with the Arbitration Rules applicable to the proceedings.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of CPD Industries. The remedies of CPD Industries under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CPD Industries. The collective work includes works that are licensed to CPD Industries. Copyright 2003, CPD Industries ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CPD Industries or purchasing CPD Industries products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CPD Industries or to purchase CPD Industries products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CPD Industries. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of CPD Industries used in the site are trademarks or registered trademarks of CPD Industries
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CPD Industries disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CPD Industries does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CPD Industries does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
CPD Industries shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CPD Industries has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a CPD Industries product is mistakenly listed at an incorrect price, CPD Industries reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CPD Industries reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CPD Industries shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CPD Industries without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
CPD Industries may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CPD Industries.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CPD Industries products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CPD Industries products) must be commenced within one (1) year after the claim or cause of action arises. CPD Industries's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CPD Industries may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CPD Industries or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CPD Industries does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CPD Industries is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CPD Industries reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CPD Industries in its sole discretion.
You agree to indemnify, defend, and hold harmless CPD Industries, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, CPD Industries may link to sites operated by third parties. However, even if the third party is affiliated with CPD Industries, CPD Industries has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CPD Industries. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CPD Industries seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).