Wholesale Terms and Conditions of Sale
Your placement of an order with Mission Models is deemed your agreement to the following terms and conditions of sale, which supersede all conflicting terms of any purchase orders or customer documents and may be varied only in a written instrument executed by an officer of Mission Models.
PRICING: Prices are subject to change without prior notification. Mission Models products will be shipped at prices in effect at time of shipment. In the event of a price change not reflected on an incoming order, customer will be notified before the order is fulfilled. Customer is responsible for all taxes, duty, VAT, customs, or similar governmentally imposed fees.
TERMS: Wholesale prices are listed as a Net Price. Major credit cards, bank wires and checks are acceptable forms of payment. Payment is required prior to orders shipping. Net 30 days to firms with established credit. A valid credit card is required to be on file and any balances over 30 days will be automatically charged to the credit card on file.
Please remit payments to:
215 W Palm Avenue, Ste 104
Burbank, CA 91502
Bank wire information will be given upon request.
ORDER PROCESSING: All orders, new and restocks, can be placed via email or regular mail. Send orders to email@example.com. Please include: Billing and shipping addresses, phone number and contact name, Purchase Order number, item numbers, quantities. All orders must be placed in multiples of minimum six (6) per each item. Mission Models reserves the right to reject any order in its sole discretion.
SHIPPING: Customers are responsible to pay shipping costs. FedEx is our primary carrier US individual carton shipping and freight. If any other shipping method is required customer must notify us when placing order. It is our sole discretion to determine whether the requested alternate shipping method is acceptable. Orders received by 12:00pm US Pacific Standard Time (PST) (Monday – Thursday) will ship within 1-2 business days in most cases. All US freight orders ship via FedEx Freight. Requests for expedited shipments may be accepted. Customer will be charged actual freight for expedited shipping. All shipments will be made F.O.B. origin. Freight shipping during winter months will include Freeze Protect service.
STORAGE GUIDELINES AND WINTER SHIPPING: Purchasers are hereby notified that repeated variations of temperatures may damage Mission Models products while stored. Purchasers must store Mission Models products in a climate-controlled facility. Mission Models is not responsible for damage to its products resulting from exposure to temperatures lower than 60 degrees Fahrenheit or higher than 80 degrees Fahrenheit. Improper storage will void Mission Models warranties. During the winter months of typically October to March, Mission Models will ship expedited, along with freeze-protected shipping for freight. It is the responsibility of our customers to ensure that best inventory practices are utilized to protect Mission Models products from freezing.
RETURN POLICY: All sales are final, except as set forth herein. Mission Models accepts returns within 7 days of receipt for products that are shipped in error, duplicative, or damaged in transit (collectively, “Authorized Returns”). Photos of damaged product must be submitted to Mission Models within 7 day to receive replacements or credit. Please supply Mission Models with a list of item(s) to be returned, invoice number, purchase order number, and reason for return. Mission Models will issue a return authorization number. This number must be written on all return cartons. All Authorized Returns must have prepaid freight. Credit for freight on Authorized Returns will be applied to the customer’s account. Timely notice must be sent to firstname.lastname@example.org and a return authorization issued by Mission Models before returning any merchandise as an Authorized Return. Mission Models may in its sole discretion refuse all other returns (except warranty claims pursuant to its Limited Warranty). For all returns other than Authorized Returns, items must be in resalable condition. There will be a restocking fee of 20% of the gross purchase price paid and no credit for original or return freight costs. All authorized returns are issued as merchandise credit only.
INSPECTION AND ACCEPTANCE: Customer must inspect all products within seven days and timely inform Mission Models in writing of a return request based on non-conformity; failure to do so shall be deemed customer’s “acceptance” of the products within the meaning of the Commercial Code. Mission Models will not accept or refund for products damaged by the customer’s handling, packing and/or shipment, or shipped in violation of Mission Models Shipping Guidelines.
ONLINE MAP PRICING: 10% from retail price. MAP pricing will be strictly enforced and adherence to it is required to maintain a customer account in good standing.
CHOICE OF LAW AND JURISDICTION: All claims arising from or related to Mission Models products are governed by the procedural and substantive laws of the State of California. All purchases are deemed made and all contracts are deemed performed in Los Angeles County, California. Customer hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in California State or Federal court.
ATTORNEYS’ FEES AND COSTS: In all litigation arising from or related to any transaction between Mission Models and the customer, the parties shall bear their own attorneys’ fees and case costs.
SEVERABILITY AND INTERPRETATION: In the event that any portion of this agreement is invalidated, the court shall sever it and shall reform this instrument to give as full an effect as possible to the remainder. Headings are for convenience and are not to be considered substantive.
DISCLAIMER OF THIRD-PARTY BENEFICIARIES: The terms and conditions of sale are for the express and exclusive benefit of Mission Models and its direct customers and may not be assigned by a customer. In no event may a third party rely on these terms and conditions of sale.
LIMITED WARRANTY-NON-CONSUMER: This Limited Warranty Non-Consumer applies to and is exclusive to all purchases by original non-consumer customers. This Limited Warranty does not apply to a “consumer” as defined in either The Magnuson-Moss Consumer Warranty Act or The Song-Beverly Consumer Warranty Act, or to any person who did not purchase Mission Models products directly from Mission Models. Mission Models products are warranted to be free from defects in workmanship and materials for one (1) year from delivery to the original non-consumer customer. In the event of a defect, malfunction, or failure to conform with this warranty, Mission Models will replace the product without charge within thirty (30) days after receiving timely written notice of a warranty claim and the returned product. If Mission Models cannot replace the product within thirty (30) days after receipt of all of the foregoing, Mission Models will refund the actual purchase price the customer paid for its product. All costs of returning the product are borne by the customer. THERE ARE NO EXPRESS WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS CONTRACT. BY ELECTING TO PURCHASE MISSION MODELS PRODUCTS, THE CUSTOMER AFFIRMS THAT IT HAS NOT RELIED ON MISSION MODELS’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS FOR ANY PARTICULAR PURPOSE, AND THIS SALE IS MADE WITHOUT ANY WARRANTY BY MISSION MODELS THAT THE GOODS ARE SUITABLE FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES DISCLAIMED. IN NO EVENT SHALL MISSION MODELS BE LIABLE FOR ANY “CONSEQUENTIAL DAMAGES” (AS DEFINED IN THE UNIFORM COMMERCIAL CODE) ARISING FROM OR RELATED TO ITS PRODUCTS. Mission Models’ Limited Warranty shall not apply to any defect or damage that took place after the customer receives the product, including any defect or damage caused by the unauthorized or unreasonable handling, storage and/or use of Mission Models products. Customer must conform to Mission Models Storage Guidelines and Mission Models Shipping Guidelines. No other express warranty is given and no other representation or affirmation of Mission Models, by words or action, will constitute a warranty. Any description of the qualities or performance of Mission Models products contained in any documentation is for the sole purpose of identifying them, is not part of the basis of the bargain, and does not constitute a warranty that the goods will conform to that description. The use of any sample or model is for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the goods will conform to the sample or model. No affirmation of fact or promise made by Mission Models will constitute a warranty that the goods will conform to the affirmation or promise, except as set forth in the above express warranty.
CONTACTS: Sales and service information may be obtained by emailing Mission Models at email@example.com. Mission Models address for all purposes is:
215 W Palm Avenue, Ste 104
Burbank, CA 91502
AMENDMENT: Mission Models reserves the right to amend these Terms and Conditions of Sale in its sole discretion and without notice. All amended terms shall be deemed incorporated into any incoming order as soon as they are published on Mission Models’ website.