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Terms and Conditions

For QUOTES – Terms & Conditions

Thank you for allowing Terra to submit this quote for your consideration under the terms presented below. Terra does not guarantee the suitability of Terra supplied equipment for your specific application, only that it will perform to the specifications documented above, not including oral instructions or other requirements not listed. Terra is not responsible for any consequential damages or loss of revenue resulting from performance issues or delays in manufacturing or installation. Unless specified above, Terra's terms and conditions supersede any conflicting terms in your PO or RFP/RFQ. Any terms on a PO accepting Terra's quote that conflict with Terra's terms are not accepted unless approved in writing by an authorized Terra employee and documented by returning a signed copy of your PO. Orders may not be accepted without receipt of Terra’s order confirmation. Summarized, Terra's terms are:

NOTE: Quotes are valid for 30 days and may be cancelled or changed at any time by Terra upon notice. Prices and specifications expire after 30 days with no notice. Freight, handling and taxes, if applicable, will be added to the quoted total. Orders are not accepted or released for production until Terra reviews and accepts the PO, payment terms, credit reports, pricing and receipt of any required drawing approvals and advance payments.

  1. A late charge is invoiced on products and services unpaid 15 days after their due dates and must be paid to restore open account status. The late charge is determined based on whichever of the two following is greater: (1) 10% of the products and services invoiced on, or (2) the discount granted (if any). Invoice due date is based on invoice date.
  2. This quote has been issued with the understanding that the “Ship To” addressee and location provided by you are the final destination of these products for purposes of the U.S. Department of Commerce (DOC) export regulations and that you will notify Terra immediately if these change. The DOC prohibits Terra Universal, and all U.S.-based companies, from engaging in business activities with organizations located within countries subject to permanent trade embargoes or targeted comprehensive sanctions pursuant to the Export Administration Regulations (EAR). Export, or re-export, of select products to countries subject to limited trade sanctions may require the purchase of an export license. If an export license is required, a processing charge is due with the order. Time required to process export licenses by the DOC is undeterminable, therefore orders requiring export licenses are not accepted or released for production until the licenses are approved and received.
  3. Estimated lead time given on the quote begins on Terra's acceptance of the order per Terms stated above. All lead times are estimates, depending on workloads at the time the order is ready for manufacturing, and/or vendor availability, and are NOT guaranteed. Terra offers guaranteed ship dates; inquire about optional FasTrak coverage.
  4. The FOB point is stated on the quote. Terra handles shipments based on its shipping policy. FOB “Destination” orders ship “prepaid” or “prepaid and add” with the freight cost plus handling and DVC charges added to each shipment. FOB Destination means that risk of loss transfers to the customer when the shipment is delivered. Terra directly handles losses and damages on FOB Destination. In rare occasions or for some international shipments, other FOB terms may be used and shown on order confirmations. Each will have its own meanings and special responsibilities. For more information please contact your account manager. To reduce costs and expedite delivery, it may be necessary to ship from different factories and in partial shipments.
  5. Orders accepted, released and processed by Terra cannot be cancelled or returned except with prior written approval by Terra, and on terms that compensate Terra for work performed and expenses incurred. If cancellation is approved by Terra, cancellation fees may apply. Custom, specialty items or items not purchased from Terra, and items modified or damaged by improper use, repairs, application of labels or nameplates are not returnable/cancellable.
  6. Terra holds items at no charge for a maximum of 3 business days after notification of order completion. After 3 days, a storage fee of 1% of the product purchase price will be applied daily. If the cumulative storage fee exceeds the purchase price, the items will be considered abandoned and returned to stock. No refund will be given.
  7. All returns must be approved by Terra in writing in advance and may be subject to restocking and handling charges. No returns will be accepted without an RMA. Items accepted by Terra must be in their original condition, in original shipping containers, and returned FOB Terra freight prepaid. Returns will not be accepted solely due to minor defects that do not affect the function, form, performance, or safety of the product. Terra may issue store credit against future orders rather than cash refunds. Store credits expire in 60 days unless a waiver is applied and approved by Terra.
  8. Terra's warranty is as shown on https://www.terrauniversal.com/warranty/ .
  9. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall be the exclusive forum to resolve any such claims or controversies and, except for the entry of judgment upon any arbitration award, the parties hereto expressly waive their respective right to seek relief in any state or federal court. Further, this agreement shall be governed by the laws of the State of California and any arbitration hearing shall be conducted in Orange County, California.

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For ORDER CONFIRMATIONS – Terms & Conditions

Thank you for placing your order with Terra under the terms presented below. Terra does not guarantee the suitability of Terra-supplied equipment for your specific application, only that it will perform to the specifications documented above, not including oral instructions or other requirements not listed. Terra is not responsible for any consequential damages or loss of revenue resulting from performance issues or delays in manufacturing or installation. Terra provisionally accepts this order subject to Terra's acceptance of customer-approved drawings, receipt of the initial payments and any other required documents & export license, credit approval and to the terms and conditions shown below. Unless specified on the sales order, Terra's terms and conditions supersede any conflicting terms in your PO or RFP/RFQ. Any terms on your PO that conflict with Terra's terms are not accepted unless approved in writing by an authorized Terra employee and documented by returning a signed copy of your PO. Summarized, Terra's terms are:

NOTE: Freight, handling, DVC & taxes, if applicable, will be added to the order confirmation unless separately listed. Orders are not accepted, released for production, or shipped until Terra reviews and accepts the PO, payment terms, credit reports, pricing, and receipt of any required documents such as drawing approvals and advance payments. In the unlikely event that prices and specifications must be changed, written notice will be given to customer.

  1. Payment terms are shown on the order confirmation. A late charge is invoiced on products & services unpaid 15 days after their due dates and must be paid to restore open account status. The late charge is determined based on whichever of these is greater: (a) 10% of the products and services invoiced on, or (b) the discount granted (if any). Invoice due date is based on invoice date.
  2. This order may not be accepted without receipt of Terra’s order confirmation. This order has been accepted with the understanding that the “Ship To” addressee and location provided by you are the final destination of these products for purposes of (DOC) U.S. Dept. of Commerce export regulations and that you will notify Terra immediately if these change. The DOC prohibits Terra, and all U.S.-based companies, from engaging in business activities with organizations located within countries subject to permanent trade embargoes or targeted comprehensive sanctions pursuant to the Export Administration Regulations (EAR). Export, or re-export, of select products to countries subject to limited trade sanctions may require the purchase of an export license. If an export license is required, a processing charge is due with the order. Time required to process export licenses by the DOC is undeterminable, therefore orders requiring export licenses are not accepted or released for production until the licenses are approved and received.
  3. Since many products are manufactured or purchased to order and depend on workloads at the time the order is ready for manufacturing and/or vendor availability, it is impossible to guarantee delivery dates. All Terra’s shipping/delivery dates are estimates and Terra's failure to ship on time is never grounds for cancellation or termination of an order, or an excuse to withhold payment. Terra does not accept orders with terms, penalties or payment conditioned on meeting guaranteed shipping/delivery dates. This order will be accepted with the understanding that shipping/delivery date is a nonguaranteed estimate and not grounds for cancellation, termination or withholding payment. Terra offers guaranteed ship dates; inquire about optional FasTrak coverage.
  4. FOB point is stated on the order confirmation. Terra handles shipments based on its shipping policy. FOB “Destination” orders ship “prepaid” or “prepaid and add” with freight cost plus handling and DVC charges added to each shipment. FOB Destination means that risk of loss transfers to the customer when the shipment is delivered. Terra directly handles losses and damages on FOB Destination shipments. In rare occasions or for some international shipments, other FOB terms may be used and shown on order confirmations. Each will have its own meanings and special responsibilities. For more information please contact your account manager. To reduce costs and expedite delivery, it may be necessary to ship from different factories and in partial shipments.
  5. Orders accepted, released and processed by Terra cannot be cancelled or returned except with prior written Terra approval and on terms that compensate Terra for work performed and expenses incurred. If cancellation is approved by Terra, cancellation fees may apply. Custom items, specialty items or items not purchased from Terra, and items modified or damaged by improper use, repairs, application of labels or nameplates are not returnable nor cancellable.
  6. Terra holds items at no charge for a maximum of 3 business days after notification of order completion. After 3 days, a storage fee of 1% of the product purchase price will be applied daily. If the cumulative storage fee exceeds the purchase price, the items will be considered abandoned and returned to stock. No refund will be given.
  7. All returns must be approved by Terra in writing in advance and may be subject to restocking and handling charges. No returns will be accepted without an RMA. Items accepted by Terra must be in their original condition, in original shipping containers, and returned FOB Terra freight prepaid. Returns will not be accepted solely due to minor defects that do not affect the function, form, performance, or safety of the product. Terra may issue store credit against future orders rather than cash refunds. Store credits expire in 60 days unless a waiver is applied and approved by Terra.
  8. Terra's warranty is as shown on https://www.terrauniversal.com/warranty/ .
  9. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall be the exclusive forum to resolve any such claims or controversies and, except for the entry of judgment upon any arbitration award, the parties hereto expressly waive their respective right to seek relief in any state or federal court. Further, this agreement shall be governed by the laws of the State of California and any arbitration hearing shall be conducted in Orange County, California.

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For INVOICES – Terms & Conditions

Thank you for placing your order with Terra under the terms presented below. Terra does not guarantee the suitability of Terra-supplied equipment for your specific application, only that it will perform to the specifications documented on the order confirmation, not including oral instructions or other requirements not listed. Terra is not responsible for any consequential damages or loss of revenue resulting from performance issues or delays in manufacturing or installation. Terra accepted and produced this order subject to Terra's acceptance of customer-approved drawings, receipt of initial payments and export license, credit approval and to the terms and conditions shown on Terra's Order Confirmation. Terra's terms and conditions supersede any conflicting terms in your PO or RFP/RFQ. Any terms on your PO that conflict with Terra's terms are not accepted unless approved in writing by an authorized Terra employee and documented by returning a signed copy of your PO. Orders may not be accepted without receipt of Terra’s order confirmation. Summarized, Terra's terms are:

  1. Payment terms are shown on the order confirmation and on the invoice. A late charge is invoiced on products and services unpaid 15 days after their due dates and must be paid to restore open account status. The late charge is determined based on whichever of the two following is greater: (1) 10% of the products and services invoiced on, or (2) the discount granted (if any). Invoice due date is based on invoice date.
  2. This order has been accepted with the understanding that the “Ship To” addressee and location provided by you are the final destination of these products for purposes of the U.S. Department of Commerce (DOC) export regulations and that you will notify Terra immediately if these change. The DOC prohibits Terra Universal, and all U.S.-based companies, from engaging in business activities with organizations located within countries subject to permanent trade embargoes or targeted comprehensive sanctions pursuant to the Export Administration Regulations (EAR). Export, or re-export, of select products to countries subject to limited trade sanctions may require the purchase of an export license. If an export license is required, a processing charge is due with the order. Time required to process export licenses by the DOC is undeterminable, therefore orders requiring export licenses are not accepted or released for production until the licenses are approved and received.
  3. Since many products are manufactured or purchased to order and depend on workloads at the time the order is ready for manufacturing and/or vendor availability, it is impossible to guarantee delivery dates. As explained on Terra's quotations, order confirmations and Web site, all shipping/delivery dates are estimates and Terra's failure to ship on time is never grounds for cancellation or termination of an order, or an excuse to withhold payment. Terra does not accept orders with terms, penalties or payment conditioned on meeting guaranteed delivery dates. This order will be accepted with the understanding that the delivery date is a non-guaranteed estimate and not grounds for cancellation, termination or withholding payment. Terra offers guaranteed ship dates; inquire about optional FasTrak coverage.
  4. The FOB point is stated on the order confirmation. Terra handles shipments based on its shipping policy. FOB “Destination” orders ship “prepaid” or “prepaid and add” with the freight cost plus handling and DVC charges added to each shipment. FOB Destination means that risk of loss transfers to the customer when the shipment is delivered. Terra directly handles losses and damages on FOB Destination shipments which is faster and fairer than common carrier. In rare occasions or for some international shipments, other FOB terms may be used and shown on order confirmations. Each will have its own meanings and special responsibilities. For more information please contact your account manager. To reduce costs and expedite delivery, it may be necessary to ship from different factories and in partial shipments.
  5. Orders accepted, released and processed by Terra cannot be cancelled or returned except with prior written approval by Terra, and on terms that compensate Terra for work performed and expenses incurred. If cancellation is approved by Terra, cancellation fees may apply. Custom, specialty items or items not purchased from Terra, and items modified or damaged by improper use, repairs, application of labels or nameplates are not returnable/cancellable.
  6. Terra holds items at no charge for a maximum of 3 business days after notification of order completion. After 3 days, a storage fee of 1% of the product purchase price will be applied daily. If the cumulative storage fee exceeds the purchase price, the items will be considered abandoned and returned to stock. No refund will be given.
  7. All returns must be approved by Terra in writing in advance and may be subject to restocking and handling charges. No returns will be accepted without an RMA. Items accepted by Terra must be in their original condition, in original shipping containers, and returned FOB Terra freight prepaid. Returns will not be accepted solely due to minor defects that do not affect the function, form, performance, or safety of the product. Terra may issue store credit against future orders rather than cash refunds. Store credits expire in 60 days unless a waiver is applied and approved by Terra.
  8. Terra's warranty is as shown on https://www.terrauniversal.com/warranty/ .
  9. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall be the exclusive forum to resolve any such claims or controversies and, except for the entry of judgment upon any arbitration award, the parties hereto expressly waive their respective right to seek relief in any state or federal court. Further, this agreement shall be governed by the laws of the State of California and any arbitration hearing shall be conducted in Orange County, California.

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