TERMS AND CONDITIONS OF SALE
Business Hours:
Monday through Friday, 8:30am to 4:30pm Eastern Standard Time.
Payment Terms:
Container Orders:
One half of the order value is due when order is placed. The remaining half of the order value is due before bamboo is shipped from the plantation in Costa Rica. After the plantation in Costa Rica receives a container order, the order cannot be canceled and full payment is required. All payments shall be in U.S. currency.
Warehouse Stock Items (Non-Container Orders):
Non-container orders must be 100% prepaid prior to shipping at the time you place your order. Orders paid by check will be shipped once check has cleared the bank. Orders paid by wire transfer will be shipped once the bank has confirmed the wire transfer.
Materials:
All of our materials are natural, and therefore subject to variation. Any and all bamboo sold may differ from any other unit of the same product; all units are sold as is and with all faults. Also, Bamboo will split. Since we only sell Guadua bamboo, we do not guarantee that our materials will satisfy your particular use, but we will always try to advise you, as best as we can, for you to make a decision if Guadua bamboo materials will be suitable for your use. However, the bamboo is not warranted as suitable for any particular purpose particular to you. The suitability of bamboo for any purpose particular to you is for you, in your sole judgment, to determine. Bamboo Costa Rica assumes no responsibility for the selection or furnishing of bamboo suitable to the individual needs and purposes of any particular buyer.
For container orders the seasonal variations of climate in Costa Rica could potentially delay shipment. We will not cut corners in our quality control standards to sacrifice the integrity of our product by prematurely shipping any bamboo container order that has not met our high quality standards. Dimensions are approximate and colors may vary. We do not guarantee color matches.
Prices and Availability:
Prices and availability are subject to change without notice.
Shipping Policy:
Shipment shall be made pursuant to your instructions. You MUST give any needed instructions for making delivery at the time you place your order. Expenses incurred by Bamboo Costa Rica in moving the bamboo and in loading, shipping, or delivering the bamboo SHALL BE CHARGED TO YOU. Any F.O.B. term used in this Agreement shall be construed as a delivery term only.
If shipment pursuant to your instructions is not possible or commercially practical, Bamboo Costa Rica may effect shipment in any other proper manner or set forth specific alternative delivery instructions. At Bamboo Costa Rica's option, it may move the goods in any reasonable manner preparatory to delivery or shipment. If you fail to provide shipping instructions, Bamboo Costa Rica may regard such failure as a failure of cooperation under Title 2 of the Maryland Uniform Commercial Code.
Bamboo Costa Rica shall not be liable for any delay in delivery or failure to deliver any or all of the goods where the delay or failure is caused by labor troubles, strikes, lockouts, war, riots, insurrection, civil commotion, failure of crops of supplies from ordinary sources, earthquake, fire, flood, storm, accident, any act of God or any other cause beyond the control of Bamboo Costa Rica. Performance by Bamboo Costa Rica shall be suspended and excused during the period of any such delay or failure to deliver.
Container Orders:
All pricing for container orders is quoted F.O.B. the plantation Costa Rica. This means you are responsible for all freight and insurance charges. At your request, we will assist you in finding a freight handler.
Warehouse Stock (Non-Container Order):
All pricing is quoted F.O.B. our warehouse in Frederick, Maryland. This means you are responsible for all freight and insurance charges. We will try to quote you a ballpark shipping cost; the actual cost may vary slightly. Order quantity and size will dictate if shipment can be made by UPS or by common carrier.
Returns:
Container orders cannot be returned for any reason other than within the provision for transportation losses and damages.
For warehouse stock orders, no return of merchandise will be accepted without a Return Authorization Number and can only be returned within a 30-day period from date of shipping. Call Bamboo Costa Rica to request your Return Authorization Number, which must be noted on every return. A 20% restocking fee is charged on returned orders. Any item that has been cut, split or altered in any way cannot be returned. However, if we make a mistake in what we ship, we will correct it.
Fire Safety:
Fire safety is an important issue, and it is YOUR responsibility to discuss your intentions with your State and Local Fire regulatory agencies and Fire Officials to assure that you are in compliance before you start installation of any of our materials.
Choice of Law and Jurisdiction:
The law of the State of Maryland shall apply in all instances to this agreement and you agree that you, and any and all claims made by you, are subject to jurisdiction solely in the State of Maryland.
Warranties:
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE HEREOF. The statements made herein relating to the goods are merely made in the course of the negotiations of the parties. Unless a statement made herein is specifically identified as a warranty or otherwise agreed in a writing signed by both parties, THERE IS NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND; AND ANY WARRANATY, EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. No other implied warranties may arise from course of dealing or usage of trade.
All understandings and agreements previously had between the parties are merged in this Agreement, which alone fully and completely expresses this Agreement. This Agreement may only be modified by a writing specifically referencing this Agreement and signed by both parties.
Bamboo Costa Rica has afforded you the opportunity for full and complete investigations, examinations, and inspections of the bamboo prior to sale. Any sale of the goods is made on the understanding that you have examined the goods fully or have refused to do so notwithstanding Bamboo Costa Rica's demand that the goods be examined prior to sale. You acknowledge that Bamboo Costa Rica has not made any representations other than that embodied in this Agreement and that you have relied solely on the representations expressly made herein and on such investigations, examinations, and inspections as you have made.
Transportation Losses /Damages / Shortages / Claims:
You assume the risk of loss, including, but not limited to, loss associated with the risk of ordinary deterioration, shrinkage and the like in transportation, and damage to the bamboo. Bamboo Costa Rica makes no warranty of quality or condition of the bamboo on arrival.
Although Bamboo Costa Rica will assist you, please note that shipping claims are YOUR responsibility. It is YOUR responsibility to inspect, count, and report all losses, damages, etc., when the container is received at port destination, and before driver departs port destination location, and before driver departs.
1. Count the goods you receive
Open all packaging and ensure you have received all items ordered. You MUST notify Bamboo Costa Rica, Inc. within 5 days of receipt of materials of any short supply. Bamboo Costa Rica, Inc. will not replace any damaged or short materials brought to Bamboo Costa Rica's, Inc. attention after 5 days of receipt of materials, and which have not been clearly marked on the delivery note.
2. Damaged Goods
Check materials received for damage. Examine in front of driver and mark findings clearly on both copies of Bill of Lading. Have driver sign your copy. Immediately inform Bamboo Costa Rica, Inc. of damages, and submit a Damages Claim against shipper. CONCEALED DAMAGES; IF DAMAGE IS NOTICED WHEN MERCHANDISE IS UNPACKED, BAMBOO COSTA RICA, INC. MUST BE NOTIFIED WITHIN 5 DAYS OF RECEIPT OF GOODS SO A CLAIM CAN BE LODGED WITH THE FREIGHT COMPANY. DO NOT DESTROY PACKING MATERIALS UNTIL SHIPMENT IS INSPECTED AND CLAIM SETTLED BY THE FREIGHT COMPANY.
3. If completely unusable, refuse delivery
If unable to use any of the broken or damaged materials, REFUSE DELIVERY. Mark your copy and carrier's copy and have driver sign copy. (Example: delivery refused - materials broken and unusable.) Immediately inform Bamboo Costa Rica, Inc. of refusal to accept delivery.
