BUYER TERMS & CONDITIONS
The following Terms and Conditions apply to the use of this website as well as all transactions conducted through the Site. All content appearing on this web site is the property of: PDX.GOLD. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017 PDX.GOLD. All rights reserved.
This site is owned and run by PDX.GOLD. All materials presented on this site, including text, design, audio, video clips and graphic images are the sole property of PDX.GOLD, Copyright © 2017, All rights reserved.
No materials from this site may be copied, reproduced, republished, transmitted or posted without prior written permission from PDX.GOLD. Any unauthorized use of the materials presented on this site may violate copyright, trademark and other applicable laws, and may result in criminal or civil penalties.
References in these Terms and Conditions to “us” “we” or “the Company” refer to PDX.GOLD. “Client” within this text refers to any person(s), firm or company placing an order or inquiry with PDX.GOLD.
Starting from the date of delivery, you will have 10 calendar days to open and inspect all crates/boxes. Any missing pieces must be reported during this time period, otherwise PDX.GOLD will not be held responsible. If anything is missing, please call us at 503-783-6550.
DOMESTIC AND INTERNATIONAL SHIPMENTS
PDX.GOLD is not responsible for the shipment of your equipment. We strongly suggest the customer picks up their purchased equipment at our facility. If you are unable to pick up your equipment, we will provide a list of freight shipping companies with estimated costs for you to set up. Please contact us at 503-783-6550 or if you have any questions regarding shipments.
Your packages may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient's responsibility.
If your shipment is clearly damaged during transit, refuse the package and have the delivery driver document any and all damage to the package. PDX.GOLD will not take responsibility for obviously damaged shipments that are accepted and signed for. The risk of loss or damage to the Goods/Products shall pass to the Client upon delivery of said Goods/Products.
CONCEALED DAMAGE: If a package has been signed for and damage is found after the carrier has delivered, it is very important that the following steps are followed:
Photograph the packaging inside and out, the equipment and the packaging materials.
Contact the carrier and initiate a freight claim.
Send these photographs and description of the damage to the Freight Carrier per their claim instructions.
Contact PDX.GOLD for assistance with assessing the value of the damaged items.
Unless otherwise specified, the prices set forth in the order include all acceptable federal, state and local taxes. All such taxes shall be stated separately on seller’s invoice.
PDX.GOLD requires a minimum 50% deposit on all items to be purchased. Deposits are non-refundable and can NOT be applied to any future order with PDX.GOLD, due to the custom parts used in system builds.
PDX.GOLD accepts payments and deposits in several forms: Cash, Check, Wire Transfer, and Credit/Debit Card via PayPal. If you choose to pay via Credit/Debit, you will be charged a 3% processing fee. For any payment provided in CASH, over the amount of $10,000, a 8300 IRS Form must be filled out (please see link to this form at the bottom of this website). If you attempt to pay with a card for an amount over $10,000.00, your card will be declined (per PayPal's policies). If you prefer to pay with a card, we will arrange two separate invoices: 50% up front, and 50% three days later.
For any payment that is past due, the Client will incur a standard late fee of $50. Once a payment is past due 30 days, a fee will be added to the total amount due in the value of 1% every day that the bill continues to be late.
AGREEMENT OF PURCHASE
We accept, and fully acknowledge any and all non-conventional order placements. If you place an order with PDX.GOLD over the phone, email, or face to face, we consider that a formal order placement. Due to some required parts having long lead times, we begin building your equipment the day your order is placed and we receive your 50% deposit, in order to deliver your equipment in a timely manner. If you state to us that you intend to purchase a piece of equipment, then decide to cancel said order, you will be charged a 25% cancellation fee. However, we do happily provide quotes at no cost or obligation.
We will communicate and facilitate shipping options with each Customer individually. PDX.GOLD will provide several shipping options (rush, courier over night, LTL, etc) and provide pricing for these services. The Customer has the full right to choose which type of shipping method they would prefer, and will know the cost associated with their shipping method before the final payment is due.
NO SHOW/UNABLE TO DELIVER POLICY
PDX.GOLD will help facilitate shipping arrangements with the Customer. If the shipment is not deliverable/no one shows up to sign for the delivery, there will be a fee associated with this occurrence in the amount of 20% of the total bill, as well as additional charges in order to arrange for a new delivery either LTL or overnight shipment services.
It is the sole responsibility of the Customer to execute the appropriate steps to certify their personal lab. The Customer is responsible for knowing and abiding by their specific City/Sate/County rules and regulations pertaining to botanical extraction equipment and labs. PDX.GOLD will not accept returns or refunds due to personal lab certification issues.
We expect that all orders shall be picked up within 30 days of completion. In the event that you have paid PDX.GOLD a deposit, have been notified that your order is ready for pick-up, and 61 days have passed since the first notice of finished product, you forfeit your deposit and can claim no ownership to the equipment.
In order to place a deposit, PDX.GOLD will request personal information ie: billing, shipping and contact information. This personal information provided to us is private and confidential. Under no circumstances is this information to be made public, sold, or communicated to a third party without your consent.
PDX.GOLD reserves the right to change or modify these Terms and Conditions at any time without notice and without incurring any obligations. Your use of this Site after any changes have occurred, will be considered acceptance of such changes.
Be advised that PDX.GOLD does neither buy nor sell cannabis product. If we are providing consulting services regarding our machines, we will perform demonstrations with plant matter such as lavender oil or a comparable substitute.
By purchasing any piece of equipment from PDX.GOLD, you hereby agree to all Terms and Conditions and confirm that you have read and understand these to their fullest extent.
VENDOR TERMS & CONDITIONS
Unless otherwise expressly provided herein, this purchase order ("order") constitutes the entire contract between the seller named on the face hereof ("seller") and PDX.GOLD, LLC. ("buyer") covering the goods and related services ("goods") described herein. Any provisions in any acknowledgment form or other document prepared by seller which vary from or are additional to the provisions of this order shall not bind buyer unless buyer expressly assents thereto in writing. Seller’s acceptance of this order will be presumed unless seller acknowledges exceptions in writing within fifteen (15) days after the date of this order. Any shipment or partial shipment of the goods by seller shall be deemed to be an acceptance of this order. In the event of any inconsistency between the terms of this order and any purported acceptance by seller, the terms of this order shall prevail. To the extent this order is deemed an acceptance of a previous offer by seller, any such acceptance is expressly conditioned on assent by seller to the terms of this order.
PACKING, MARKETING AND SHIPMENT
Unless otherwise specified, seller shall pack, mark and ship all goods in compliance with all applicable transportation regulations, good commercial practice, and in a manner adequate to insure the safe arrival of the goods at the named destination. An itemized packing list showing this order number, supplier part number and quantity desired shall be included with each shipment and each container shall be marked to show the order number. Seller shall mark all containers with necessary lifting, handling, and shipping information, and with purchase order numbers, date of shipment, and the names of consignee and consignor. No partial or complete delivery shall be made hereunder prior to the date or dates shown unless buyer has given prior written consent.
PROMPT DELIVERY OF CONFORMING GOODS
Unless expressly noted on the face of this order, timely delivery of conforming goods in the full quantities specified herein is critical to buyer. Any unauthorized quantity is subject to rejection and return at seller's expense. Seller agrees to exert every reasonable effort, including overtime and premium shipment at seller's expense, to meet the promised delivery date, provided, however that failure of such efforts to achieve prompt delivery of conforming goods shall not relieve seller of liability for such failure. Seller agrees to notify buyer immediately if at any time it appears that the delivery schedule set forth herein may not be met. Such notification shall include the reasons for possible delays, steps being taken to remedy such problems and a proposed new delivery date.
CHANGES; TERMINATION WITHOUT CAUSE
(a) Buyer may at any time make changes in the delivery schedules, shipment methods, place of delivery, designs, quantities, and specifications for the goods ordered hereunder. Buyer may terminate this order in whole or in part at any time and for any reason upon written notice to seller and seller shall immediately stop work and terminate all orders and subcontracts to the extent that they relate to the terminated work upon receipt of such notice and protect all property in which buyer has or may acquire an interest. Seller shall proceed promptly to comply with buyer’s direction with respect to each of the foregoing without awaiting settlement or payment of any claim allowable under this section. (b) There shall be no charges for canceling orders for standard items. (c) If any change or termination, as described in section (a), causes an increase or decrease in the cost of or the time required for performance of this order, the sole and exclusive remedy for seller will be, as applicable: (i) the cost (without profit) of unique work in process for cancelled items; (ii) the cost (without profit) of paying claims to seller's vendors for such work directly allocable to items cancelled and which cannot be diverted to other customers of seller's vendors; or (iii) an equitable adjustment to the delivery schedule, and the order shall be modified in writing accordingly. No claim by seller for any adjustment hereunder shall be valid unless asserted within fifteen (15) days from date of receipt by seller of the notification of change, provided that such period may be extended upon the written approval of buyer. Seller shall, whenever possible, place such work in process, as described in section (c), into inventory and sell it to other customers. In no event shall any claim for nonstandard items exceed the total price quoted for the items cancelled. Upon payment of seller's claim, buyer shall be entitled to all work and materials paid for. Buyer shall have the right to inspect seller's work in process records and to audit all relevant documents prior to paying seller's claim. This section shall be applicable only to a termination for buyer’s convenience, without any default on seller’s part, and shall not affect or impair any other rights of buyer to terminate this order upon seller’s default in the performance hereof.
TERMINATION FOR DEFAULT
(a) Buyer may, by written notification, terminate this order is whole or part if seller fails to (i) make delivery of the goods or perform the services within the time specified herein, or within any extension thereof by written change order or amendment; (ii) replace or correct defective goods in accordance with the specifications of this order; or (iii) perform any of the other provisions of this order or so fails to make progress as to endanger performance in accordance with its terms. Buyer is sole judge under such circumstances. (b) If this order is terminated pursuant to this section, buyer may procure, upon such terms and in such manner as buyer may deem appropriate, goods similar or substantially similar to those terminated, and seller shall be liable to buyer for any excess cost occasioned buyer thereby, provided that seller shall continue the performance of this order to the extent not terminated. (c) If this order is terminated pursuant to this section, buyer, in addition to other rights provided herein or by law, may require seller to transfer title and deliver to buyer, in the manner and to the extent directed by buyer: (i) any completed goods, and (ii) such partially completed goods and/or services (including but not limited to materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights) as seller has produced or acquired for the performance of this order, and seller shall, upon direction of buyer, protect and preserve property as directed in this section which is in the possession of seller. Payment for completed goods and services delivered to and accepted by buyer shall be in an amount agreed upon by seller and buyer (not to exceed the contract price). However, seller’s obligation hereunder to carry out buyer’s directions as to delivery, protection, and preservation shall not be contingent upon prior agreement as to such amount.
REMEDIES OF BUYER
If seller breaches any terms or conditions of this order, buyer may exercise, singly or in any combination and in any order, all rights and remedies available to the buyer at law or in equity, as well as any other rights provided for under this order, including, without limitation, the right to, at buyer's option: (a) In the case of defective or nonconforming goods, require seller to promptly repair or replace the goods or any component thereof, and upon seller's failure to or refusal to do so, to repair or replace the same at seller's expense; (b) Refund the purchase price and cost of shipment to buyer; (c) In the case of defective or nonconforming goods, to reject any shipment or delivery or part thereof; (d) Cancel any outstanding deliveries under this order and treat the breach by seller as seller's repudiation of this order; (e) Hold seller liable for all delays or other failures to timely deliver conforming goods in the quantities specified herein regardless of whether such delays or failures arise or result from actions or inactions of seller, third parties or from any other actual or proximate cause, whatever its nature and such liability shall include, without limitation, all consequential, special and contingent damages including losses sustained or anticipated to be sustained by buyer as a result of buyer's inability to meet its contractual obligations to third parties or to enter into contracts with third parties; (f) When conforming goods fail to arrive at the destination and within the time specified by this order, buyer may, but need not, immediately purchase substitutes therefore and seller shall be liable for all damages and expenses resulting from such failure; and (g) Hold seller liable to buyer for all consequential and incidental damages and expenses (including reasonable attorneys' fees) actually or proximately arising from an breach of seller's warranties and representations.
REMEDIES OF SELLER
IF BUYER IS IN BREACH OF ANY TERMS AND CONDITIONS OF THIS ORDER, SELLER'S EXCLUSIVE REMEDY SHALL BE TO RECOVER THE GOODS OR, IN THE EVENT SAID GOODS HAVE BEEN SOLD BY SELLER OR BUYER TO A THIRD PARTY, TO RECOVER THE PURCHASE PRICE FOR THE GOODS PROVIDED HEREIN LESS THE NET PROCEEDS, IF ANY, RECEIVED BY SELLER FROM SUCH THIRD PARTY. IN NO CASE WILL BUYER BE LIABLE TO SELLER FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. BUYER'S LIABILITY TO SELLER IN ANY CASE OF DIRECT DAMAGES WILL BE LIMITED TO THE PRICE OF THE AFFECTED GOODS AS DETERMINED BY THE TERMS OF THIS ORDER.
(a) Seller shall not, without buyer's prior written consent, make any news release or public announcement concerning this order or the goods which directly or indirectly identifies buyer. (b) Seller's warranties and representations, all proposals, negotiations, representations and communications regarding the transaction contemplated hereby and made prior to the date of this order are incorporated herein. (c) If any of the terms or provisions provided herein are declared invalid or unenforceable by any court or other body, the remaining terms and provisions hereof shall be deemed valid and enforceable to the extent possible. (d) This order and any attachments incorporated or referred to herein constitute the entire agreement between the parties hereto and supersede all prior contemporaneous oral or written understandings, agreements, and representations relating to the subject matter.
PDX.GOLD manufactures machines and equipment that are custom built, made to order systems. For this reason, we are not at liberty to offer a full refund on returned equipment. In this event, there will be a 25% restocking fee deducted from the amount of your refund. All refund requests must be made within 30 days, after this time we will not accept refunds.
If you would like to return your purchase, please email our customer service team (firstname.lastname@example.org) to request a Return Merchandise Authorization Number within 30 days. PDX.GOLD will accept returns only if the equipment is unused, undamaged, and completely free from any botanical residue and must be returned in its original, unopened condition. Please note that shipping and insurance charges will not be refunded by PDX.GOLD.
If you choose to cancel your order before you have received equipment, you will be charged a 25% restocking fee. Please understand that you are responsible for return shipping charges. If we determine that damage or use has occurred to the equipment, we have the right to refuse your refund.
LIMITED USA AND CANADA WARRANTY POLICY – PDX.GOLD warrants products sold against defects in material or workmanship as follows: PDX.GOLD, at its option, unless otherwise agreed, will replace or repair any defective product unit or defective part of the product unit at no charge, or refund the purchase price to purchaser, provided that:
The warranty claim is made in writing.
The proof of purchase by bill of sale or receipted invoice is submitted concurrently with the claim and shows that the product is within the applicable warranty period to Customer Service of PDX.GOLD; and
The purchaser complies with procedures for Returns listed under the General Terms and Conditions contained herein; and
The purchaser complies with all the manufacturer’s requirements.
The warranty is valid for six (6) months and is enforced from the date of shipment from PDX.GOLD’s manufacturing facility. The warranty period begins on the day the customer receives the product, but not later than 45 days after the date of shipment from PDX.GOLD’s manufacturing facility. PDX.GOLD reserves the right, at its discretion, to fulfill warranty claims with refurbished or reconditioned parts or units.
Modification or Changes made other than by PDX.GOLD to equipment will VOID ALL WARRANTIES and may result in severe injury or even death.
Use of non factory bolts, pumps, seals, hoses, solvent, clamps, etc... will VOID ALL WARRANTY and may result in severe injury or even death.
This warranty shall not apply to:
a) Defects or damages resulting from (1) misuse of the product, (2) use of the product in other than its normal and customary manner, (3) accident or neglect, (4) improper testing, operation, maintenance, service, repair, installation, or storage, (5) unauthorized alteration or modification, (6) damage determined to be the result of freight or shipping after the product has left the factory; or
b) Normal tear and wear of the product, its components, or parts; or
c) Post-expiration dated material
This warranty is the exclusive remedy of the purchaser, and PDX.GOLD disclaims all other warranties, whether express, implied or statutory, including without limitation, warranties of merchant-ability and fitness for particular purpose. No employee, agent, or representative of PDX.GOLD is authorized to bind PDX.GOLD to any other warranty. In no event shall PDX.GOLD be liable for incidental or consequential damages.
All expressed and implied warranties, including the implied warranty of merchant-ability and the implied warranty of fitness for a particular purpose, are expressly disclaimed and shall not apply to any products sold or services rendered here under. PDX.GOLD shall not be liable for consequential, incidental, special, or other direct or indirect damages resulting from economic loss or property damage sustained by you or any end user from use of the products sold or services rendered here under.