WHOLESALE TERMS & CONDITIONS
Effective Janurary 1, 2017 – June 30, 2017

  1. Doing Business with Pride Garden Products

    Your purchases from Pride Garden Products are made subject to these
    Terms and Conditions. By purchasing from Pride Garden Products you agree to be
    bound by the Terms and Conditions in effect at the time you place your order. Our
    Terms and Conditions are subject to change without notice and are available on
    our website. Please see the details listed below.
    We object in advance to any additional or different terms you may propose,
    whether contained in a purchase order or in any other document or communication
    regardless of whether such additional or different terms would materially alter
    our Terms and Conditions. Your submission of a purchase order or other authorization
    for products, or your allowing us to ship products or commence work, will
    constitute your acceptance of all of our Terms and Conditions.

  2. Prices

    All listed prices are wholesale prices in US Dollars. Prices are subject to change
    without notice. All prices are FOB Pride DC–New Castle, DE or Oakland, CA, USA.
    Our west coast inventory is limited to certain SKUs. At the time of your order, you
    will receive the total delivered cost. An order confirmation will be sent via email
    and/or fax. State sales tax, if applicable will be added to your invoices unless an
    acceptable resale tax exemption certificate is provided in advance at the time of
    order. When applicable, the payment of all customs duties, tariffs, local delivery
    charges and special equipment charges will be your responsibility. We reserve the
    right to pass these costs on to you in the form of additional charges.

  3. Opening orders, Reorders and Web orders

    incur a $100.00 service fee. Reorder minimum is $250.00 for orders placed before
    June 30, 2017. Reorders below minimum will incur a $25.00 service fee.
    There is a $250.00 minimum for orders placed on www.pridegardenproducts.com.
    Any changes or cancellations to web orders must be emailed to
    [email protected] within 24 hours.
    All orders (whether in-person, fax or email) are subject to acceptance by Pride
    Garden Products by fax or email. All orders are firm once approved and may not
    be cancelled without our written approval. Cancelled orders will be subject to a
    25% cancellation fee and a 25% restocking fee.
    Items not in stock require a 120-day lead time. We encourage you to place orders as
    early as possible in the summer and fall. Certain items may be sold in limited quantities
    and not available for re-order. Please ask your sales representative or contact customer
    service for specifics.

  4. Payment Terms

    All customers are eligible to apply for credit terms with us. If you would like to establish
    an account or pay by credit card, please contact our Customer Service team
    by email or phone at the email address and number above. We accept payment by
    check, all major credit cards, Pay Pal and Electronic Funds Transfer (EFT). All payments
    must be made in USD and funds drawn on U.S. banks. We reserve the right to
    change terms of sale at any time. Our bank wire information is available and can be
    requested through our customer service department.
    a. Orders placed without terms require a 25% non-refundable deposit to secure
    inventory. The remaining balance is due prior to the order shipping. If the order is
    for immediate ship, the full amount will be charged.
    b. Net terms require prompt payment by company check or by wire or other
    electronic transfer within term from the shipment date unless otherwise stated on
    the invoice.
    c. There will be a $50.00 charge for returned checks and electronic funds rejections
    for any reason.
    d. Please pay from the invoice provided. A late payment charge of 2% per month
    (24% APR) will be charged on all invoices not paid within the defined terms.
    e. If Pride Garden Products retains a collection agency or attorney to enforce any
    of your obligations to us, you agree to pay all our costs and expenses associated
    with such enforcement, including all collection, attorney, and litigation fees. We
    have the right to offset amounts that you owe to us against any amounts that we
    may owe to you.
    f. You agree to pay or reimburse Pride Garden Products for any and all sales,
    use, and excise taxes that may be imposed on you or us by any government entity
    as a result of any sales to you, regardless of when such taxes may be assessed,
    imposed, or levied.
    g. Credit terms may be revoked from customers for non-sufficient funds payments
    and excessive delinquent account balances

  5. Delivery

    We will do everything reasonably possible to ensure that your order will be delivered
    on time and complete to the address you have designated. Shipping and
    handling charges will be calculated at the time of order and added to your total for
    your approval. See the chart below for shipping charges.

    SHIPPING CHART
    Order Tiers Shipping Zones
    1 2 3 4 5 6
     $1.00 – $300.00 25% 18% 29% 28% 43% 34%
    $301.00 – $900.00 21% 15% 25% 23% 36% 29%
    $901.00 – $1,499.00 20% 14% 23% 22% 34% 27%
    $1,500.00-$2,500.00 15% 10% 19% 17% 27% 25%
    $2,501.00-$5,000.00 12% 8% 15% 14% 25% 18%
    $5,001.00-$10,000.00 10% 6% 13% 12% 23% 15%
     $10,001 + Call for Freight Rates

     

    Zone 1: Northeast—NY, CT, RI, MA, VT, NH, ME
    Zone 2: Mid-Atlantic—PA, NJ, DE, MD, VA, NC, WV, OH
    Zone 3: Southeast—KY, TN, SC, MS, AL, GA, FL
    Zone 4: Midwest—MI, IN, IL, MO, AR, LA, TX, OK, KS, NE, IA, MN, WI
    Zone 5: Northwest—ND, SD, WY, MT, ID, OR, WA
    Zone 6: West—CA, NV, UT, AZ, CO, NM

     

    We reserve the right to choose the carrier to be used on any shipment. We will
    make every effort to ship in accordance with the delivery option you have selected,
    if you agree to assume any additional transportation charges. We reserve the right
    to ship incomplete, unless customer has specifically requested in writing to ship
    the order complete. If the item continues to be out stock, the item will be canceled
    after 30 days from initial shipment date.
    Delivery dates may be affected by late receipt of all information necessary to ship
    or other causes beyond reasonable control. We are not liable to you for any loss
    resulting from late delivery.
    All non-commercial and residential address deliveries will be subject to a
    $125 lift gate charge.
    Customers picking up orders must contact customer service 1 week prior to shipment
    with pick-up vehicle type. We reserve the right to impose a $25 fee plus
    $25/hour labor charges for any additional work done to facilitate loading the vehicle.

  6. Our Product

    All products are brand new and inspected for defects and damages prior
    to shipment.
    Natural products will weather over time • Galvanized planters may lose their shine
    over time as a natural weathering process • Steel baskets are plastic coated to
    resist and delay eventual corrosion • Products are handcrafted; finishes and details
    may vary from item to item • Glass is hand blown and may contain air bubbles; this
    is not a defect • Color may vary from catalog photographs • Products should not
    be used for food or beverage service • Always use an external saucer when using
    indoors to protect surfaces beneath the container • The dimensions for grower
    containers are approximate and may vary slightly from item to item • Pride Garden
    Products is not responsible for regular “wear & tear” of product
    ORIGINS: Origins are natural products and will weather • Origins are handcrafted
    and may contain air bubbles; this is not a defect • Product finishes and details
    may vary from item to item • Color may vary from catalog photographs • Origins
    products should not be used for food or beverage service • The dimensions for
    containers are approximate and may vary slightly from item to item • Pride Garden
    Products is not responsible for regular “wear & tear” of product.
    FIRE PITS: For outdoor use only • Use only with wood • Clean and store in a dry
    sheltered place during the winter months • See more care/safety instructions on
    www.pridegarden.com

  7. Freight Damage

    Please inspect products immediately upon receipt and notify us of any damage or shortage within 24 hours in writing via email at [email protected] or fax to number above. Title and risk of loss to all merchandise pass to the freight company when merchandise is shipped. We will assist you if merchandise is verified as damaged in transit. If this occurs, please take the following actions:

    1. Do not accept a visibly damaged product until the delivery person has endorsed the bill of lading (air bill) with a statement of the extent of the damage and file the freight claim at the time of delivery. Indicate on the bill of lading the potential for concealed damages.
    2. If concealed damage is found after unpacking, retain all packing material and contact our customer service team within 24 hours from the time of delivery.
    3. Failure to do so may result in denial of the claim.
    4. Please email us at [email protected] copies of bill of lading, packing list, inspection photos and reports.
  8. Missing Shipments, Cartons/Packages/Pallets
    1. Always count the number of cartons/packages/pallets to match with bill of lading and packing list.
    2. If any cartons/packages/pallets are missing, do not accept the shipment until the delivery person has endorsed the bill of lading confirming the number of missing cartons/packages.
    3. Notify us within 24 hours of missing items, so that we can assist you with your claim with freight carrier. Failure do so may result in denial of your claim.
    4. Please fill out our Overage, Shortage & Damage Claim (OS&D) form online at
      www.pridegardenproducts.com/osd.
  9. Wholesale Return Policy

    Because Pride Garden Products is a seasonal company, we consider all sales to be final.

  10. Defective Product

    It is the buyer’s responsibility to check the product upon arrival to make sure it is
    free of any defects. Damaged goods due to customer negligence and/or freight
    will not be accepted for returns.
    Please contact us within 14 days of the delivery date if you receive an item that is
    defective. Defective returns will be accepted for exchange, replacement or credit
    at our discretion. No credit will be granted after 14 days. Please retain all original
    packaging in the event that Pride requires the return of the product for inspection.

  11. Undeliverable, Unauthorized or Refused Shipments

    We will not accept unauthorized shipments or exchanges. Packages without a Return
    Authorization Number will be refused upon return to our warehouse. Pride Garden
    will impose a minimum of 25% and up to a 50% restocking fee plus any applicable
    shipping and handling charges for refused or undeliverable shipments. Additional
    charges may apply if the merchandise is not returned in 100% complete condition in
    the original, unopened packaging.
    The easiest way to handle an unwanted shipment is to accept delivery and then
    contact us about sending the item back. If you refuse shipment the product may
    not return to Pride for 2 to 3 weeks.

  12. Patents, Trademarks/Copyrights

    The Pride Group, Inc., holds all patent rights to AquaSav™ Coco liners, baskets
    and products. The Pride Group, Inc.tm, Pride Garden Products™, AquaSav™,
    AquaCo™, Live Green™, Sedona™, Castalulite™ and Olympic Forge™ are registered
    trademarks of The Pride Group, Inc. The Pride Group Inc., owns the products,
    pictures, copy, designs, labels, and displays shown in this catalog and are protected
    under trademark and copyright laws. No reproduction in any manner of such products,
    designs, labels, displays, or any other form is authorized or allowed without the
    express, written consent of The Pride Group, Inc./Pride Garden Products.

  13. Limitation of Liability

    In no event shall Pride Garden Products be liable to you under any legal theory
    whatsoever, regardless of whether characterized as tort, negligence, contract,
    warranty, or otherwise, for any loss of profits or other economic loss, including but
    not limited to such losses as (i) wages paid to your employees, (ii) lost revenue, (iii)
    cost of capital, (iv) costs or losses related to downtime, (v) manual labor costs, or
    (vi) any other indirect, incidental, special, consequential, or other similar damages
    arising out of any claims relating to your purchase of products from Pride Garden
    Products, including losses resulting from your general or particular requirements or
    needs, whether or not we, at time of contracting, had reason to know of such requirements
    or needs, and whether or not such losses could have been reasonably
    prevented by you by cover or otherwise. Pride Garden Products’ liability to you
    shall in no event exceed the purchase price of the nonconforming goods giving
    rise to our liability to you.

  14. Choice of Law

    Pride Garden Products controls and operates its business from its offices in Ridley
    Park, Pennsylvania, USA. Consequently, any questions relating to these Terms and
    Conditions or their application in a particular situation shall be governed by the
    laws of the United States and the State of Pennsylvania (without regard to any
    provision that would result in the application of the laws of any other state or jurisdiction).
    In no event will the United Nations Convention on the International Sale
    of Goods apply to any transaction between you and Pride Garden Products

  15. Severability

    If any provisions of these Terms and Conditions is found to be invalid or unenforceable,
    the other provisions will remain in full force and effect.

SHIPPING ZONES & RATES

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HAVE A QUESTION? 484-540-8059

The Pride Group

500 W Sellers Ave
Ridley Park, PA 19078

Phone: 484-540-8059
Email: [email protected]