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These Sales Terms and Conditions ("Terms") govern all quotations, sales, orders, and deliveries of products by Paul Duan Creations, Inc. ("PDC"). By placing an order, submitting a purchase order, making payment, or accepting delivery of any products, the Buyer agrees to be bound by these Terms and Conditions.

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1. Quotations

All quotations issued by Paul Duan Creations are valid only for the time period, pricing, quantities, specifications, and conditions stated in the quotation. Unless otherwise stated, quotations are subject to change or withdrawal prior to acceptance.

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2. Prices

Unless otherwise stated in writing:

• Prices do not include freight, handling, installation, storage, taxes, or other applicable charges.

• Applicable sales or use taxes will be added where required by law.​

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3. Payment Terms

Paul Duan Creations accepts wire transfers, ACH, company checks, and major credit cards.

• Credit card payments are subject to a 3.5% processing fee.

• Credit card payments are limited to $5,000 per transaction unless otherwise approved.

Ready-to-Ship Orders

Payment in full, including freight and all applicable charges, is required prior to shipment.

Special Orders / Made-to-Order Products

A 50% non-refundable deposit is required upon order confirmation.

The remaining balance, including freight and applicable charges, is due prior to shipment unless otherwise agreed in writing.

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4. Returned Payments

Returned checks are subject to a $50 fee.

Declined credit card transactions are subject to a $25 administrative fee.

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5. Special Orders

Special-order and made-to-order products are manufactured specifically for the Buyer and require written confirmation by Paul Duan Creations before production begins.

Estimated production lead times vary depending on factory inventory, manufacturing schedules, raw material availability, and shipping conditions. Typical lead times are approximately 90–120 days, but are estimates only.

Special orders become non-cancellable once:

• production has commenced;

• raw materials have been ordered;

• engineering or shop drawings have begun;

• fabrication has started; or

• custom finishes have been approved.

Deposits for special orders are non-refundable once any of the above activities have commenced.

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6. Storage of Paid or Unpaid Orders

For made-to-order purchases with outstanding balances, Paul Duan Creations will hold completed products for up to 15 calendar days after arrival at our warehouse.

After 15 days, storage fees may be charged at Paul Duan Creations' current storage rates.

If products remain unpaid for or unclaimed for more than four (4) weeks, Paul Duan Creations reserves the right to:

• suspend delivery;

• dispose of the products;

• resell the products; and/or

• retain all deposits and payments previously made, to the fullest extent permitted by law.

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7. Shipping and Delivery

Orders for in-stock products generally ship from our Fontana, California warehouse within five (5) business days after receipt of full payment unless otherwise agreed in writing.

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All production dates, shipping dates, arrival dates, and delivery dates are estimates only and are not guaranteed unless expressly confirmed in writing by an authorized representative of Paul Duan Creations.

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Paul Duan Creations will make commercially reasonable efforts to meet requested project schedules and delivery dates. However, Buyer acknowledges that final delivery timing depends upon numerous third parties and circumstances beyond the reasonable control of Paul Duan Creations.

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These circumstances include, but are not limited to:

• manufacturing delays;

• raw material shortages;

• supplier delays;

• customs inspections;

• export restrictions;

• government regulations;

• port congestion;

• labor strikes;

• carrier scheduling;

• ocean freight delays;

• air freight delays;

• inland transportation delays;

• weather conditions;

• natural disasters;

• acts of war;

• pandemics;

• force majeure events; and

• any other event beyond the reasonable control of Paul Duan Creations.

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Unless expressly agreed in writing, Paul Duan Creations does not guarantee delivery by a Buyer's requested installation date, project completion date, grand opening date, or any other project milestone.

Accordingly, Paul Duan Creations shall not be responsible or liable for:

• missed installation windows;

• installation labor costs;

• white-glove delivery charges;

• storage charges;

• project delays;

• contractor standby charges;

• rental equipment costs;

• liquidated damages;

• contractual penalties;

• expedited freight requested after order placement;

• lost profits; or

• any other damages or costs resulting from shipment or delivery delays beyond the reasonable control of Paul Duan Creations.

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8. Method of Shipment

Unless otherwise agreed in writing, Paul Duan Creations shall determine the carrier, routing, packaging, and shipping method.

Buyer is responsible for providing complete and accurate delivery information.

If delivery cannot be completed due to Buyer action or inaction—including refusal of delivery, inability to receive shipment, inaccurate delivery information, restricted access, or failure to schedule delivery—the Buyer shall be responsible for all resulting freight, storage, handling, redelivery, and administrative charges.

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9. Automatic Shipment

Once payment has been received, all available in-stock products will automatically ship within approximately five (5) business days unless otherwise requested in writing.

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10. Shipping Notifications

Shipment confirmations and tracking information will be emailed when available from the carrier.

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11. Taxes

Prices do not include sales, use, VAT, GST, customs duties, or similar taxes.

Orders delivered to end users located in California are subject to applicable California sales tax unless a valid resale certificate or tax exemption documentation has been provided.

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12. Inspection, Shortages, Transit Damage and Shipping Errors

Buyer is responsible for inspecting all products immediately upon delivery.

Visible loss, damage, shortages, or packaging irregularities must be noted on the carrier's Proof of Delivery (POD) before signing.

Concealed damage, shortages, or shipping errors must be reported to Paul Duan Creations in writing within five (5) calendar days after delivery.

Incorrect shipments must be reported within 72 hours after delivery.

Buyer must retain all original packaging, pallets, cartons, and packing materials until any inspection or claim has been completed. Failure to retain the original packaging may result in denial of the claim.

Products that have been installed, assembled, modified, repaired, or otherwise used before a claim is reported may not qualify for replacement or freight claims.

Failure to timely report any loss, damage, shortage, or shipping error shall constitute Buyer's acceptance of the shipment and may result in denial of replacement, warranty, or freight claims.

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13. Cancellation

Stock Orders

Paul Duan Creations reserves the right to charge a cancellation fee of up to 20% of the order value.

Orders that have already shipped cannot be cancelled.

Special Orders

Deposits are non-refundable once production, engineering, procurement of materials, fabrication, or finishing has commenced.

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14. Acceptance of Products

Products shall be deemed accepted unless Buyer provides written notice of any material non-conformity within seven (7) calendar days after delivery.

Normal variations in color, texture, finish, grain, or other characteristics common to manufactured products shall not constitute defects.

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15. Limitation of Liability

To the fullest extent permitted by law, the total liability of Paul Duan Creations arising out of any sale, shipment, delivery, installation, or use of its products shall not exceed the purchase price paid for the specific products giving rise to the claim.

Under no circumstances shall Paul Duan Creations be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• installation costs;

• labor expenses;

• project delays;

• storage fees;

• rental equipment;

• substitute products;

• loss of profits;

• loss of business;

• loss of goodwill;

• contractual penalties;

• liquidated damages;

• attorney's fees; or

• any other economic loss.

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16. Force Majeure

Paul Duan Creations shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquakes, hurricanes, weather conditions, labor disputes, strikes, pandemics, epidemics, war, terrorism, governmental actions, embargoes, transportation interruptions, customs delays, supplier failures, shortages of labor or materials, or utility interruptions.

Performance shall be suspended during the period of such event without liability.

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17. Design Intellectual Property

All products, samples, concepts, designs, drawings, renderings, specifications, catalogs, photographs, marketing materials, and other information provided by Paul Duan Creations are proprietary and confidential.

All intellectual property rights remain the exclusive property of Paul Duan Creations, Inc. or its licensors.

No material may be copied, reproduced, distributed, modified, reverse engineered, published, or used for commercial purposes without prior written consent from Paul Duan Creations.

Unauthorized use may result in legal action, including claims for copyright infringement, trademark infringement, trade dress infringement, patent infringement, breach of contract, and other remedies available under applicable law.

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18. Governing Law

These Terms and Conditions shall be governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles.

Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in California, and the parties consent to the jurisdiction of those courts.

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19. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Buyer and Paul Duan Creations regarding the sale of products and supersede all prior discussions, representations, negotiations, or understandings, whether oral or written.

No modification or waiver of these Terms shall be effective unless made in writing and signed by an authorized representative of Paul Duan Creations, Inc.

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