GENERAL CONDITIONS OF SALE AKA Signs for San Diego Terms and Conditions
ACCEPTANCE: All Quotations (Orders, Invoices) and proposals covering Seller’s Signs, services and products are made and all contracts or purchase orders for said products are accepted under the strict limitation that these General Conditions of Sale shall govern. Any provision in Buyer’s purchase order or other documents issued by Buyer which conflicts with or is in addition to these General Conditions of Sale are rejected hereby unless expressly accepted by Seller in writing.
SCOPE: The Signs for San Diego Quotation (later converting to an Order and then to an Invoice)is the total statement and total scope of the work. Acceptance of the Quotation is an agreement to design, make and install the sign/s or services described. Other services or products not listed in the Quotation are outside the scope and are not a part of our agreement.
PRICES: Prices are not subject to trade or other discounts and do not include any federal, state, county, local, or other taxes (Unless specifically listed), or costs of special packaging and insurance. These charges, when applicable, shall be paid by Buyer. The buyer may provide Seller with an appropriate tax exemption certificate acceptable to the taxing authorities. Unless requested by Buyer, Seller shall have no obligation to obtain insurance for Buyer.
SUBSTANTIAL COMPLETION DEFINED: the point during the construction and/or installation of a project in which the buyer can benefit from the product(s) intended use & purposes. Not everything needs to have been completed for substantial completion to apply. This is most often associated with the deadline for payments including final payment and retainage.
TITLE AND RISK OF LOSS, SHIPPING, DELIVERED and INSTALLED SIGNS: Risk of loss or damage to the Signs shall pass according to freight terms agree upon by buyer and seller (Generally FOB Our San Marcos, CA dock). Seller retains a security interest in the Signs until the purchase price is paid. For Installed signs the ownership of the Signs remains with Signs for San Diego until final payment is made. For all C.O.D. shipments, title and risk of loss shall remain with Seller until delivery to Buyer.
PAYMENT: Delinquent accounts shall bear interest on the unpaid balance at a rate of eighteen percent (18%) per annum, per month. The invoiced amount shall not be subject to offsets for any claims by Buyer against Seller, including any claims for products returned by Buyer for repair or correction of defects. If Buyer delays shipments, the payment due date will be based on the date Seller is prepared to make shipment. Products held for Buyer shall be held at the expense of Buyer. Installed Signs are subject to mechanic liens.
APPROVAL OF ALL ORDERS: All orders are subject to the approval of the owner of Signs for San Diego.
Dispute Resolution, Collection Agency Fees and Attorney Fees The parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action or arbitration. Mediation fees, if any, shall be divided equally among the parties involved. If any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action, whether by contract or law. The following matters are excluded from mediation: (i) filing for enforcement of a mechanic’s lien; (ii) any matter within the jurisdiction of the small claims, probate or bankruptcy court. Filing of a court action to enable recording of a notice of pending action, order of attachment, receivership, injunction or other provisional remedies, shall not constitute a waiver of this mediation provision. Except as provided in  and  above of this section, in any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable, Collection Agency Fees, Attorney Fees and costs.,
CANCELLATION: Buyer may cancel all or any of the products purchased by written notice to Seller received prior to thirty (30) days before shipment. Buyer agrees to pay for completed signs and products (including profit thereon) and any direct or indirect costs or expenses incurred by Seller as a result of cancellation, including a restocking charge for any generic, reusable products of 20% of the purchase order price. Seller reserves the right to complete and ship products canceled within thirty (30) days of scheduled shipment and shall be entitled to the full purchase order price. Return freight charges will be for the Buyer’s account. To obtain return approval, contact Customer Service at (760) 730-5118.
ABANDONMENT: Should the Buyer fail to communicate or become unable to cancel (bankruptcy, change in ownership or any other reason), the order shall become inactive. If inactivity exceeds 30 days, the order shall be deemed cancelled. Buyer agrees to forfeit any deposits to pay for completed products (including profit thereon), Permit Fees, Taxes and any direct costs.
WARRANTY: Seller warrants to the original Buyer that new products (including spares and replacement components) will be free from defects in material and workmanship for a period of twelve months from shipment, twelve months from
date of first use, whichever occurs first. All warranty work will be performed during Signs for San Diego’s normal business hours. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge. In consideration of the terms here and the warranty above and any specific performance or other guarantees written within the Quotation (order and invoice) are the entire scope of the warrantee. Other performance excluding the title to the sign, either expressed or implied are excluded from the contract.
DELIVERY: Delivery dates furnished by Seller represent the best estimates of the time to make shipment. Seller shall not be in default nor liable for any expense, loss, or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or manufacturing equipment breakdown. In the event of such delay, the affected terms of the purchase order, including the price, will be adjusted to reflect the impact of any delay.
ALTERATIONS: Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by Signs for San Diego, will be cause to terminate Signs for San Diego’s warranty or other obligation under the contract.
EXCLUSION OF COURSE OF DEALING: It is agreed that no prior course of dealing or usage of trade not expressly set forth in the quote, (order and then invoice)shall be admissible to explain, modify, or contradict this contract in any way.
SPECIAL SERVICE AND INSTALLATION ISSUES
INSTALLATION AND REPAIR SERVICES: The Customer shall provide safe and clear unobstructed access to the place of installation, including opening or removing all locks, service and the electric panel including time clocks. Customer agrees to respect the lockout tagout tools including any signs that attempts to power on the sign during maintenance. Customer shall provide a suitable electrical feed within 6 feet of the place where the Sign/s are to be installed. This includes blocking off parking spaces needed for access, creating a clear path to the time clocks, electrical panels, and roof access.
INSTALLATION AND REPAIR SCHEDULING: Signs for San Diego attempts to schedule accurately and arrive on time. Due to the unpredictable nature of service calls, weather, traffic, access and other issues we often find exact time schedules are difficult to maintain. Signs for San Diego assume no liability for cancellation or delays.
INSTALLATION SITE: When installing the Signs onto an existing sub fascia (wall) the Customer shall be responsible for providing a sound and suitable sub fascia. It is often impossible to fully understand what is underneath the fascia. If the sub fascia proves unsuitable for a normal install, requiring additional work and/or additional products (such as a wire way, angle drilling, daisy chaining, installing a wireway, panel or raceway) additional charges to cover the cost may apply. The Customer is responsible for these additional costs.
UTILITIES: To protect the facility, avoid potential injury, property damage, and utility disruption Utility Protection Services are notified and public utilities will be marked. Public utilities typically end at a demarcation point such as a meter, ground transformer, shutoff valve or a termination box. Beyond those demarcation points, commonly called private utilities, you are responsible to have them marked because privately installed lines are NOT marked by Utility Protection Services. We are not responsible damages or liability for any such private lines. Examples include: underground wires such as for site lighting, pipes, irrigation and so on.
COMPLETING THE INSTALL: Signature of the Company’s installation note by a person reasonably appearing to be the Customer’s representative shall be conclusive proof of their satisfactory installation. In most cases payment is also required at the point of completion.
PREVENTATIVE MAINTENANCE SERVICE: Service by its nature is imprecise. Signs for San Diego makes every attempt to provide accurate and complete estimates of maintenance, repair and service costs. When hidden problems appear, Signs for San Diego will terminate the call and charge a trip cost OR complete the service and charge an additional amount to cover the hidden costs.
THE MAINTENANCE SERVICES SHALL NOT INCLUDE: Any work, including but not limited to electrical work, not documented in the Quotation, Order or Invoice.
LIMITATION OF LIABILITY: Seller shall not be liable, whether arising under contract, tort (including negligence), strict liability, or otherwise, loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, cost of money, loss of use of equipment, capital or revenue, or for any economic or consequential loss or damage. Seller’s maximum liability whether arising from breach of contract, tort (including negligence), strict liability, breach of warranty or otherwise shall not exceed the purchase order price.
PROPRIETARY INFORMATION: Buyer agrees that any data, such as Seller’s specifications, drawings, proof sheets, quotations, pricing and information (including, without limitation, designs, drawings, invoices, orders, quotes, reports and the like), revealed by Seller to Buyer and containing proprietary information marked or identified as proprietary, shall be kept in confidence by Buyer with at least the same care and safeguards as are applied to Buyer’s own proprietary information. Such data shall not be duplicated, disclosed to others, or used without the written permission of Seller. The restrictions and obligations relating to Seller’s proprietary information shall expire seven(7)years after the execution of the contract incorporating these terms and conditions, unless otherwise agreed to in writing.
SHARING OR REDISTRIBUTING THIS COPYRIGHTED MATERIAL IS PROHIBITED WITHOUT WRITTEN CONSENT. PLEASE READ BELOW CAREFULLY.
You acknowledge that you are acting as an authorized agent. Plus, you have received original graphic design(s) that are copyrighted materials including but not limited to: branding, signs & environmental graphics. This is for the sole purpose of consideration of purchasing said material from Signs for San Diego.
You understand that the design(s) are the exclusive property of Signs for San Diego and are protected by the copyright laws of the United States of American under the jurisdiction of the State of California. Under such laws, this design work may not be reproduced, in part or in whole, without the written permission of Signs for San Diego. You also understand that these design(s) may not be shown to any party that could be interpreted as being contrary to the purpose of purchasing said material(s) from Signs for San Diego.
If you choose to have any party reproduce these design(s) in part or in whole, you agree to obtain prior written permission from Signs for San Diego as well as reimburse Signs for San Diego for labor & materials to produce said design(s).
PATENT and COPYRIGHT INDEMNITY: The Seller agrees to indemnify Buyer from and against all claims, demands and suits based on allegations that the product designed and manufactured by Seller constitutes an infringement of any patent or Copyright. If the Seller is notified promptly of the assertion of any such allegation, and if the Seller is given authority to defend the same and reasonable information and assistance for the defense of the same. Upon notification of an infringement claim, the Seller reserves the right to do any of the following, at cost to the Buyer.
(a) Procure for the Buyer the right to continue using the equipment; or
(b) Remove the signs
(c) Replace the same with non-infringing signs; or
(d) Modify the signs so that it becomes non-infringing.
Seller does not assume liability for the infringement of any method and/or
process patent or copyright.
PACKAGING AND SHIPMENT: Seller’s products will be packaged in accordance with standard commercial practices for domestic and international shipments. Buyer will pay all shipping charges. In the absence of specific instructions, Seller will select the carrier. When applicable, Buyer shall obtain insurance. The Buyer is 100% liable for shipping damage.
GOVERNING LAW: In the event the sale of Signs to Buyer is subject to the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), the CISG will apply provided however these Terms and Conditions of Sale will prevail over any conflicting provisions of the CISG. In the event the CISG does not apply, the contract for the sale and purchase of Seller’s product shall be construed under and governed by the law of the State of California.
COMPLETE AGREEMENT: The contract incorporating these General Conditions of Sale is the complete, final, and exclusive statement of the agreement between Buyer and Seller. The entire scope of the work is contained within the Quotation (then the Order and Invoice) Any prior or contemporaneous agreements, understandings, and representations, whether oral or written, are merged herein. These General Conditions of Sale shall not be varied, supplemented, qualified, or interpreted by any prior course of dealings between the parties or by custom or usage of trade. No modifications or additions to said contract will be binding upon Seller unless in writing and signed by an authorized representative of Seller.
Our Sign Company Info
Company Established in 2010.
- Location: 810 Los Vallecitos Blvd Suites E San Marcos CA 92069.
- Service Area: We are a San Diego North County provider. We primarily sell in Orange, Riverside, Imperial, LA, and San Diego Counties with many other customers outside our core areas.
- California Contractors’ Licenses: C45 Electrical Signs. License # 996506
- Fully insured and bonded
- Underwriter Labs Certified Electrical Sign Manufacture
- Our Products:
- Building Exterior and Interior Signage
- Electrical signs
- Channel Letters
- Sign Cabinets
- ADA signs
- Post and Panel
- Window Graphics
Contract installs & services:
- Channel Letters
- Sign Cabinets
- Monument signs
- Equipment and Abilities
- Bucket Trucks to 42 feet
- Crane to 64 feet
- Welders and Metal Fab
- Electrical service : Lamps, Ballast, Power Supplies, Neon to LED
- Building Exterior and Interior Signage
- Wholesale and contract installs for other sign companies
- Industrial and Business Parks
- Shopping and Strip Malls
- Franchises, and Small Businesses
- DMV and Military
- Industry Affiliations: California Sign Association, Oceanside Chamber of Commerce, SignWorld network member