Terms of Sale

Terms of Sale

Prepayment Terms: All orders must be paid in full, before shipping, unless prior credit approval. All business checks and/or personal checks require a minimum of 12 business days for clearance before orders will ship. All NSF checks returned will incur a service fee of $30.00.

 

Credit Terms: Net 30 days with approved credit. Celina Enterprises LLC reserves the right to withhold shipments and/or production of a customer's order due to customer's failure to satisfy credit requirements or pay any past due invoices. Past due invoices will be subject to collection costs, including, but not limited to, attorney's fees and court costs. Interest at one and one-half percent (1.5%) per month will be added on past due accounts. Disputed accounts must be submitted in writing within 30 days of invoice date for consideration. Credit approval is based upon information submitted by the customer. This credit is then adjusted based upon payment history with Celina Enterprises LLC.

Returns

A return authorization number must be received from Celina Enterprises LLC prior to returning merchandise. Merchandise must be returned in the original packaging, freight prepaid, with the RA number. A 30% restocking fee will be applicable for all approved returns. Merchandise must be returned in new, unused condition. Custom orders and orders invoiced more than 60 days ago are not eligible for return. Celina Enterprises LLC will not accept return shipments collect.

Order Cancellations or Changes

Standard Orders: Orders may not be cancelled or changed without receipt of a written cancellation or change request. Any changes made to the order will delay shipment. Standard orders cannot be revised or cancelled once shipment is confirmed.

Custom Orders: Orders for custom items may not be changed nor cancelled once already in production.

Shipping

All orders will be shipped FOB Celina, OH 45822, with freight charges prepaid, collect, or third-party billing. All shipments are put on the freight line free from damage and packaged properly for transit and are signed for as such by the freight carrier. Celina Enterprises LLC’s responsibility for the product ceases at that point and the freight carrier assumes responsibility. Celina Enterprises LLC will select the best, least expensive freight carrier possible, unless the customer designates a carrier with the order. Freight charges are subject to change without notice. Re-consignment, redelivery, tailgate delivery or storage fees are the responsibility of the customer. Celina Enterprises LLC is not responsible for service provided by customer designated carriers. You may need a forklift to unload your deliveries. A signature is required for all freight deliveries. It is the customer's responsibility to inspect freight delivery and note any damages or shortages on the delivery receipt. All damage must be reported to Celina Enterprises LLC within 7 working days.

Damages

As a service, Celina Enterprises LLC will file freight claims for prepaid shipments as long as the customer has inspected the shipment and reported any damage or shortages to Celina Enterprises LLC within 7 working days and noted all damages and shortages on the delivery receipt when signing. Failure to do so will result in the customer incurring all charges with replacing damaged goods. Freight claims for third party and/or collect shipments are the responsibility of the customer. The customer is responsible for all costs to replace damaged items prior to the freight company's reimbursement.

Warranty

Celina Enterprises LLC warrants that our product will be free from defects in material and workmanship for a period of one year following the date of purchase. Defects are limited to any defect which is a result of the manufacturing process. Excluded are holes, punctures or other damages which can be caused during normal installation of a tent whenever proper procedures are not followed. Celina Enterprises LLC, at its option, will repair or replace this product or any component of the product found to be defective during this warranty period. This warranty is valid for the original purchaser only and is not transferable. This warranty does not cover normal wear or damage resulting from negligent use or misuse of the product, use contrary to instructions, repair or alteration by anyone other than Celina Enterprises LLC or forces of nature.

Installation Instructions

The customer must evaluate each installation site and determine securing and anchoring method and devices appropriate for the conditions. Some soils require different staking or securing than what may be provided with a tent. Celina Enterprises LLC highly recommends the customer engages in thorough training with their use. Celina Enterprises LLC video instructions illustrate excellent graphic examples of operating techniques. Following the instructions given under the condition specified or illustrated will provide proven satisfactory results. However, field situations, site conditions, weather and local experience may mandate other methods.

Warning

This product has been manufactured for use as a temporary structure and does not meet structural code, unless specified. Since weather is unpredictable, the customer must incorporate his own good judgment, common sense and knowledge of local conditions with the installation instruction guidelines. The customer is responsible to anticipate weather severity for proper time and method of construction, appropriateness of product for the intended site as well as evacuation or disassembly details.

TERMS AND CONDITIONS OF USE AND SALE

. General

These Terms and Conditions of Use and Sale (these “Terms”) govern the sale of goods and services (“Goods”) by Celina Tent Inc. (“Seller” or “CELINA”) to the purchaser (“Buyer”) and the use of this website.

These Terms, together with any quotation, order confirmation, acknowledgment, invoice, or credit application (collectively, the “Sales Confirmation”), constitute the entire agreement between the parties (the “Agreement”).

Seller’s acceptance of any order is expressly conditioned on Buyer’s assent to these Terms.

These Terms prevail over any of Buyer’s terms and conditions, whether included in a purchase order or otherwise.

2. Orders and Acceptance

All orders are subject to acceptance by Seller.

Seller reserves the right, in its sole discretion, to:

• Refuse or cancel any order

• Correct pricing or typographical errors

• Limit quantities

Fulfillment of an order does not constitute acceptance of any additional or different terms proposed by Buyer.

3. Delivery, Shipping, and Risk of Loss

All shipments are F.O.B. Seller’s facility (Celina, Ohio) unless otherwise agreed in writing.

• Risk of loss transfers to Buyer upon delivery to the carrier

• Seller is not liable for delays, loss, or damage in transit

• Partial shipments are permitted and constitute separate sales

If Buyer fails to accept delivery within three (3) days of notice:

• Goods will be deemed delivered

• Seller may store Goods at Buyer’s expense

4. Non-Delivery

Seller shall not be liable for non-delivery unless Buyer provides written notice within seven (7) days of the expected delivery date.

Seller’s liability is limited to:

• Replacing the Goods, or

• Adjusting the invoice

5. Inspection and Acceptance of Goods

Buyer must inspect Goods within seven (7) days of receipt.

Failure to provide written notice of nonconforming Goods within this period constitutes acceptance.

“Nonconforming Goods” are limited to:

• Incorrect items

• Incorrect labeling

• Failure to meet warranty in Section 10

Buyer’s exclusive remedy:

• Replacement, or

• Credit/refund (at Seller’s option)

6. Return of Goods

Returns require prior written authorization from Seller.

• Seller approval is discretionary

• Goods must be returned in acceptable condition

• Restocking fees may apply

• Custom products are non-returnable

7. Price

Prices are as stated in the Agreement.

Prices do not include:

• Taxes

• Duties

• Freight

Buyer is responsible for all such charges except taxes based on Seller’s income.

8. Payment Terms

• Payment due per invoice terms

• Past due balances accrue 1.5% interest per month

• Buyer may not withhold payment for disputes

If Buyer is more than sixty (60) days past due, Seller may:

• Cancel orders

• Refuse shipment

• Accelerate all outstanding balances

9. Security Interest

Seller retains purchase money security interest in Goods until paid in full.

Seller may:

• Repossess unpaid Goods

• File financing statements

Buyer agrees to cooperate in securing Seller’s interest.

10. Warranty; Disclaimer

Seller warrants that Goods will be free from defects in material and workmanship for one (1) year from delivery.

EXCEPT FOR THIS EXPRESS WARRANTY, SELLER DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

Third-party products are provided without any warranty from Seller.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• SELLER SHALL NOT BE LIABLE FOR:

o LOSS OF USE

o LOSS OF PROFITS

o BUSINESS INTERRUPTION

o INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

• SELLER’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE GOODS

12. Insurance (Commercial Transactions)

Buyer shall maintain commercial general liability insurance of no less than $1,000,000 upon request where applicable.

13. Compliance with Law

Buyer shall comply with all applicable laws, including import/export requirements.

Seller may terminate the Agreement if regulatory actions impact Goods.

14. Termination

Seller may terminate this Agreement immediately if Buyer:

• Fails to pay

• Breaches the Agreement

• Becomes insolvent

15. Confidential Information

All non-public information exchanged is confidential and may not be disclosed without written consent.

16. Force Majeure

Seller is not liable for delays caused by events beyond its control, including:

• Supply chain disruptions

• Labor issues

• Government actions

• Natural disasters

17. Assignment

Buyer may not assign rights or obligations without Seller’s written consent.

18. Statute of Limitations

Any claim must be brought within one (1) year from accrual.

19. Relationship of the Parties

The parties are independent contractors. No partnership or agency is created.

20. No Third-Party Beneficiaries

These Terms benefit only the parties to the Agreement.

21. Governing Law

This Agreement is governed by the laws of the State of Ohio.

22. Jurisdiction

All disputes shall be brought exclusively in courts located in Mercer County, Ohio.

23. Notices

All notices must be in writing and delivered via:

• Email (with confirmation)

• Certified mail

• Recognized courier

24. Severability

If any provision is unenforceable, the remaining provisions remain in effect.

25. Intellectual Property

Seller retains all rights to its intellectual property, including website content, designs, and trademarks.

26. Survival

Provisions that by nature should survive termination shall remain in effect.

27. Entire Agreement

This Agreement constitutes the entire agreement and supersedes all prior communications.

28. Website Use

Buyer agrees not to:

• Misuse the website

• Attempt unauthorized access

• Copy or exploit content

Seller may suspend access at any time.

29. Acceptance

By using this website, placing an order, or making payment, Buyer acknowledges and agrees to these Terms.