Terms and Conditions
The following are policies which are binding on all customers of and orders placed with One Bay Ventures (OBV), One Bay Distribution and all associated companies. In placing an order with One Bay Ventures (or associated companies), you (the customer) acknowledge and accept the forthcoming Terms and Conditions in their entirety.
Terms and Conditions are effective January 1, 2020 and are subject to change without notice and are to be established at the time of order acceptance by OBV.
Billing and Payments
Payment terms are to be determined at the sole discretion of OBV and changed/modified based on customer’s qualifications.
We accept Visa, MasterCard, American Express, Discover and PayPal.
For approved accounts an open credit line will be granted with payment terms of N30 (net 30 days) for most.
Returned checks (for any reason) will incur a $50 fee.
Payment terms are effective starting the date of shipment from OBV which will be the date of the invoice.
Orders shipped on open terms (N30) are preferred to be paid via check or ACH.
All bank wire transfer, ACH or other fees associated with sending or receiving payment for invoices after the date of shipment are the responsibility of the customer.
All customers must complete and sign a credit application in order to request an open line of credit. The approval process may take up to five (5) business days. At the sole discretion of OBV, prepaid orders may be shipped in advance of credit approval. OBV reserves the right to refuse or revoke an open line of credit at any time and elect that customer prepay via credit card or bank wire transfer. Acceptance and fulfillment of any order is subject to final approval by OBV.
Past Due Accounts
Accounts with a past due invoice(s) will be charged 1.5% of the invoiced amount, per month. Note that any interest/penalty charged shall not exceed the maximum usurious interest that may be contracted for, taken, or received under applicable law. Any interest accrued in excess of the maximum amount shall be credited or refunded.
Customer agrees to pay the full cost of expenses including reasonable attorney fees incurred by OBV in the collection of past due amounts or enforcement of this agreement.
Product will not be shipped to past due accounts.
Past due accounts forfeit all additional discounts and incentives including free freight.
OBV reserves the right to reallocate inventory reserved for past due accounts.
Additional Processing Fees
All orders shipped directly to a company/person other than that which the invoice is assigned shall be considered a drop shipment and incur a processing fee of $2.50 per order.
Standard shipping within the contiguous United States is by ground service with freight charges added to the invoice.
Standard shipping to Alaska and Hawaii will vary based on cost, convenience and reliability.
OBV will prepay all USPS (United States Post Office) and UPS (United Parcel Post) freight charges and add these charges to the customer’s invoice.
All LTL and/or truck shipments will be freight collect and shipped via OBV’s designated freight carrier and these charges will be added to the customer’s invoice.
International shipments will be shipped in accordance with the customer’s request F.O.B. Deer Park, New York.
OBV will not be responsible for any lost cargo/freight or damaged incurred.
Customer is responsible for all importing laws, duty, taxes, and fees respective to the country of import.
FedEx shipping is not available.
Standard customers with approved dealer terms and a current account status will receive free ground shipping on all orders of $350 or more shipping within the contiguous United States, Alaska and Hawaii.
International shipments are excluded from receiving free freight.
Pricing is subject to change without notice and is to be established and confirmed at the time of order acceptance by OBV. Pricing for item(s) on back order at time of order acceptance are not guaranteed.
All resellers must adhere to the published and/or implied MAP (minimum advertised price), MSRP (manufacturer’s suggested retail price), ASC (authorized sales channel) and Internet Reselling policies.
Violation of any of these policies may result in our inability to fulfill orders for the associated product(s) and/or brand(s).
Minimum Order Quantity
There are no minimums!
Unless otherwise specified by purchaser, back orders may be shipped without additional authorization up to 30 days from the original order date or date of initial shipment, whichever is later.
Back orders qualifying for free freight will ship via ground service.
Backorders will not be maintained forinternational orders.
Returns, Warranties and Shipping Discrepancies
All shipping discrepancies must be reported to OBV within five (5) days of receipt.
All defective claims must be made within 90 days of receipt. After 90 days a claim must be made directly to the manufacturer.
All returns require a Return Authorization number (RA) which may be obtain via OBV’s return department.
All returns must be shipped via a trackable shipping service with the RA number clearly indicated on the OUTSIDE of the box.
OBV may provide a call-tag or shipper account number to be used for return freight.
Manufacturer policies are followed and repairs, replacement or credit for defective product will be made at the sole discretion of OBV.
Food may NOT be returned under any circumstance and will NOT be accepted.
Special order items may not be returned unless otherwise indicated.
Returns may take up to seven (7) business days to be processed.
Non-defective returns are accepted on a case by case basis and will be eligible for purchasing credit only – no refund.
OBV excludes and disclaims any implied warranty or merchantability or fitness for a particular purpose with respect to any goods sold to a customer. There are no express or implied warranties which extend beyond the warranties expressly stated by the manufacturer.
Authorities of Parties
No employee of One Bay Ventures or associated companies has the authority to waive or modify any of the terms, conditions or provisions hereof; nor shall any additional obligations be incurred or representation of warranties be made on behalf of OBV unless accompanied by written evidence in the form of an agreement which is signed by an authorized officer of OBV.
Through the acceptance of an order placed by any person or company with OBV constitutes an agreement to the terms and conditions listed above. This agreement shall be deemed to have been made in, and governed by, the laws of New York State. Any and all disputes arising under this agreement may be litigated in the state courts of Suffolk County, New York or in the United States District Court for New York State. OBV reserves the right to initiate litigation in any other appropriate forum needed.