The following are the Terms and Conditions under which Fuerte Cases, The Waterproof Case Company LLC, and affiliates (collectively herein, “Seller”) sells its Products in the United States of America.

1. Terms and Conditions

These Terms and Conditions (collectively herein, “Terms”) shall apply to purchase orders issued and accepted or other contractual commitments to buy and sell Seller’s products (collectively, “Orders”). Seller hereby gives notice of its objection to any different or additional terms that may be included by the person, firm, corporation or other business entity that places an Order (hereafter, “Buyer”).

These Terms will become a binding contract only when a written or electronic acceptance of an Order is sent to Buyer by Seller. If Buyer has not otherwise accepted these Terms and Conditions, Buyer’s acceptance of any products delivered by Seller pursuant to any Order shall constitute Buyer’s acceptance of these Terms with respect to such Order.

2. Prices, Quotations, Errors and Omissions

Seller’s prices for stock products are subject to change without notice. Prices payable under an Order for stock products shall be based on Seller’s published prices in effect at the time Order was placed, provided the ship date is within 30 days of date Order was placed.

Prices for custom products or volume quotes shall be stated in Seller’s quotation and are valid for thirty (30) days from the date of the quote.

3. Payment Options and Credit Terms

• Buyer may pay by Cash, Check, Bank/Wire Transfers, or accepted Credit Cards.
• International orders must be prepaid, and Buyer is responsible for any customs, duties, and brokerage fees.
• Seller’s credit terms for stock product orders are net thirty (30) days from the date of the invoice.
• Past due balances will incur a 1.5% monthly interest charge.

4. Delivery, Shipping & Title

• Seller will make all reasonable efforts to adhere to requested shipping and delivery dates.
• All orders are shipped FOB San Diego, California USA or from a supplier distribution facility.
• Buyer is responsible for shipping charges, insurance, and freight claims.

5. Cancellation

Any Order may be canceled by Seller upon Buyer’s breach or repudiation. Orders for stock products may be canceled before shipment. Custom and Special Orders are non-cancelable once accepted.

6. Returns and Exchanges

• Returns must be for unused and undamaged stock products and must be made within 30 days.
• Returns require an RMA (Return Merchandise Authorization) number.
• A 20% restocking fee applies for returned items in original packaging.

7. Limited Warranty and Remedies

Seller warrants to Buyer that at the time of delivery for shipment:

• Stock products will be free of defects in workmanship and material.
• Custom Product Orders will conform to agreed Buyer specifications.

Seller makes no other warranties beyond the product description.

8. Special or Custom Product Order

• Custom modifications (e.g., watertight seals, machining, foam inserts, labels, color) are final and non-refundable.
• All tools, dies, and patterns remain the property of Seller.

9. Patent Indemnification

Buyer shall indemnify and hold Seller harmless from any patent, trademark, or copyright claims related to Buyer’s specifications.

10. Limitation of Liability

• Seller shall not be liable for indirect, incidental, or consequential damages.
• Seller’s total liability shall not exceed the purchase price of the affected product.

11. Force Majeure

Neither Buyer nor Seller shall be liable for any failure to perform due to causes beyond their control, including natural disasters, war, acts of terrorism, or regulatory changes.

12. UN Convention

The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Government Regulations

All transactions are subject to applicable U.S. government restrictions and regulations.

14. Severability

If any provision of these Terms is found to be invalid, the remaining provisions shall continue in full force and effect.

15. General Provisions and Applicable Law

• These Terms are governed by the laws of the State of California.
• Any disputes shall be litigated in San Diego County, CA.
• Seller reserves the right to modify these Terms by posting an updated version on its website.

These Terms constitute the entire agreement between Seller and Buyer.