Terms and Conditions

General

Prices and other Terms and Conditions are subject to change by Soybu any time without prior notification. No addition to, deletions from, or modifications of any of the provisions are binding upon Soybu unless made in writing and signed by an authorized representative of Soybu.

Ordering

  • All orders are subject to acceptance by Soybu.
  • Wholesale orders only. A copy of Customer's Sales Tax License is required for all accounts.
  • All orders are considered firm at the time of placement. Customer may not change the order once placed. Any additions or changes to an order will be entered as a new order, subject to a per piece upcharge and billed and shipped separately.

Terms

  • F.O.B. shipping point
  • Orders for new accounts, pending credit approval, are shipped prepaid only.
  • Acceptance of company check or net 30 day terms requires prior approval after completions of Soybu application and new account set-up form, which meets established credit requirements. Credit applications require 10 business days to be processed and approved.
  • Returned checks are subject to a $30.00 service fee. A finance charge, the lesser of 1.5% per month (18% per annum) or the maximum allowed by law, will be charged on all past due balances.
  • Each order placed by Customer and accepted by Soybu shall be considered an independent transaction, and is due accordingly. If Customer is in default under any contract with Soybu or if Soybu is not satisfied with Customer's financial responsibility, Soybu may, in addition to any other legal remedy, suspend deliveries until default or condition is remedied.

Shipping

  • If purchase order does not designate carrier, Soybu will use its discretion in the choice of carrier. Customer assumes all risk of loss upon delivery of product by Soybu to carrier. Soybu is under no obligation to insure shipments unless specifically requested by customer and then only at Customer's expense and valuation.
  • Soybu will attempt to meet delivery schedules requested by Customer. In no event will Soybu assume any liability, consequential or otherwise, as a result of Soybu's failure to deliver product in accordance with indicated delivery schedules.
  • Soybu assumes no responsibility for discrepancies on orders received by a third party.
  • We offer Free Shipping on Orders Over $75 to US customers (including Alaska, Guam, Puerto Rico, and Hawaii) on orders of $75 or more. 
  • For faster service, we also offer 2-Day and Overnight shipping options.

Pricing

  • All prices are subject to change without notice. Orders will be billed at prices prevailing at time of acceptance of the order by Soybu.

Shortages

  • All claims for lost or damaged shipments must be made directly to the delivering carrier. Products must be inspected when delivered and shortages due to packing errors reported to Soybu within 10 days of receipt.

Return Product Policy

  • All returns are subject to authorization by Soybu, and no product will be accepted for return after 30 days from purchase. Returns must be authorized in advance by a Soybu account manager. Upon approval, a Return Authorization Number will be issued to the Customer and must be affixed to each carton returned; otherwise Soybu will refuse delivery and return to Customer.
  • Soybu will only accept returns on flawed goods (either defective materials or construction). Customer is responsible for all freight and handling charges. Defective product must have tape placed over flaw and a copy of the invoice must be enclosed with the return.
  • All refused, unclaimed, or canceled orders are subject to a 15% restocking fee plus all freight and handling charges.
  • Special make-ups, closeouts, embroidered, and embellished products are not returnable.

Samples

  • Samples will be billed, per piece, F.O.B. shipping point; samples may be returned within 30 days of receipt if still in the original condition and accompanied by a copy of the invoice. Customer is responsible for all freight charges associated with a sample purchase and/or return.

Limited Warranty; Limitation of Liability; Miscellaneous

Soybu warrants that its products, at the time of shipment, are free from defects in workmanship and materials. The warranty described in the paragraph shall be in lieu of any other warranty, expressed or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose, all other warranties are expressly disclaimed.

Customer's remedies are exclusively limited to replacement of or credit for any defective product (at the option of Soybu) but such replacement or credit shall be made only if customer follows the terms and conditions set forth above in the "Return Products Policy".

Soybu assumes no liability except as expressly provided in these terms and conditions and in no event will Soybu be liable for special, indirect, incidental or consequential damages, whether arising in contract, in tort, under warranty or otherwise.

All orders will be construed and enforced in accordance with the laws of Colorado. Customer's rights under any order may not be assigned, or sold by Customer without the prior written consent of Soybu, and any such attempted assignment, transfer or sale will be void.

In the event of a default or failure by a Customer to pay any amount due or perform any other obligation in connection with any order, Soybu shall be entitled to receive, and Customer shall pay, all Soybu's costs and fees, including attorney's fees.

Customer agrees all actions and proceedings relating in any way to an order shall, at Soybu's option, be litigated in courts in Colorado and that the exclusive venue therefore shall be in Denver County.

Any offer to sell by Soybu as well as any acceptance by Soybu of a Customer's order is expressly made conditional upon Customer's assent to these terms and conditions of sale and no others. Customer's placement of any order, taking delivery of any product or payment of any invoice shall be conclusive evidence of such assent.