Terms of Sale
Application of these terms
These Terms of Sale apply to all business-to-business orders for goods placed with AFS Wholesale LLC, 1957 Rutgers Blvd, Lakewood, NJ 08701, through afswholesaleshop.com, by quote, or by purchase order. By placing an order you confirm that you are purchasing for business or resale purposes and that you accept these terms. Unless we expressly agree otherwise in a signed writing, these terms—together with any account agreement, approved quote, and our published policies—govern the sale and take precedence over any conflicting terms in your purchase order or other documents. Questions can be sent to sales@afswholesaleshop.com.
Quotes and order acceptance
Product listings, catalogs, and quotes are invitations to order and are not binding offers by us. An order you submit is an offer to buy that we may accept or decline, in whole or in part, until we confirm it. A contract is formed only when we issue an order confirmation, ship the goods, or otherwise accept the order.
Quotes are valid for the period stated on the quote and may be withdrawn or revised before acceptance. If no period is stated, a quote is subject to confirmation at the time of order. We may decline or cancel an order—before or after confirmation—where there is an error in pricing or availability, a credit or verification concern, suspected fraud, or a supplier constraint, and we will notify you and refund amounts paid for the affected items.
Pricing and taxes
Prices are quoted in U.S. dollars and are subject to change until an order is accepted. Where you have negotiated account or contract pricing, that pricing applies for its stated term and to eligible items as configured on your account. Published or catalog prices may differ from account pricing.
Prices are exclusive of applicable sales, use, and other taxes unless stated otherwise. Taxes are calculated and shown at the time of sale based on the ship-to destination and product taxability. If you are purchasing tax-exempt, a valid, approved exemption certificate must be on file before an order is processed as exempt; until it is approved, tax will be charged. See Tax exempt for how to submit a certificate. In the event of an obvious pricing error, we may correct the price or cancel the affected order as described above.
Purchase orders and payment terms
We accept purchase orders from approved business accounts and the payment methods shown at checkout. Payment is due at the time of sale unless your account has been approved for terms. Net payment terms are available only to approved accounts and are subject to credit review, approval, and any limits or conditions we set; see Net 30 for how terms work and how to apply.
Invoices are payable by the due date shown on the invoice. Past-due balances may be subject to late charges and interest to the extent permitted by law, and we may place holds on open orders, revoke terms, or require prepayment while an account is past due. You are responsible for reasonable costs of collection. A purchase-order number is for your reference and does not by itself modify these terms or create payment terms.
Shipping, freight, and delivery charges
AFS Wholesale does not offer general free shipping. Parcel shipping is calculated and shown at checkout. Freight shipping is calculated at checkout when supported or provided by custom quote before shipment. Charges are determined by the destination, the items and their size or weight, the carrier and service required, and any handling services requested.
Liftgate service is available on request for an added charge. Inside delivery is not offered. Furniture assembly or installation is available by arrangement and quote. AFS Wholesale does not charge a fuel surcharge; carrier-assessed accessorial fees (such as remote-area, residential-freight, or redelivery fees) are passed through as billed. Sales are limited to the contiguous United States — we do not ship to Alaska, Hawaii, Puerto Rico, PO boxes, or international addresses; international container-load orders are quoted separately.
Delivery time frames are estimates only and are not guaranteed; we are not liable for delays outside our reasonable control. Manufacturer-direct and split shipments may arrive separately. For details see Shipping.
Title and risk of loss
Unless your order confirmation or a signed agreement states otherwise, risk of loss passes to you when the goods are delivered to the carrier for shipment. Title passes to you upon our receipt of payment in full for the goods, or on delivery for orders on approved terms. Where goods ship directly from a manufacturer or distributor, risk of loss and delivery are handled in the same manner unless the confirmation states otherwise.
Inspection, shortages, and damage claims
Please inspect all shipments promptly on receipt. Note any visible damage, shortage, or discrepancy on the carrier's delivery receipt at the time of delivery, and keep all packaging and materials until any claim is resolved. To allow us to file carrier claims and arrange remedies, report shortages, damage, or non-conforming goods to sales@afswholesaleshop.com within the time frame shown on your documentation or as reasonably practical after receipt. Concealed damage should be reported as soon as it is discovered. Claims not reported in a timely manner, or where packaging or goods have not been preserved, may not be eligible for resolution.
Returns and cancellations
Returns and cancellations are governed by our Returns Policy. Returns generally require prior authorization, and a restocking fee may apply as disclosed at the time of authorization. Certain categories may be non-returnable, including special-order, custom, made-to-order, clearance, hazardous, and manufacturer-direct items, and items not in resalable condition. Orders that have already shipped may not be cancellable, and cancellation of accepted special or custom orders may be limited. The specific requirements, any applicable fees, and eligibility are those shown at the time of sale and authorization; see the Returns Policy for details.
Manufacturer warranties
Goods may carry a manufacturer's warranty. Where a manufacturer provides a warranty, we pass through that warranty to you to the extent permitted and do not modify or extend it. Warranty claims are handled in accordance with the applicable manufacturer's terms and our process, described on the Warranty page. Except for any manufacturer warranty and any warranty we expressly provide in writing, and to the fullest extent permitted by law, goods are sold “as is” and we disclaim all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of liability and disclaimer
To the fullest extent permitted by law, our total liability arising out of or relating to any order or these terms will not exceed the amount you paid for the goods giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, loss of use, or downtime, even if advised of the possibility of such damages. Nothing in these terms limits liability that cannot be limited under applicable law. Your remedy for non-conforming goods is limited to repair, replacement, or credit as provided in our Returns Policy and any applicable manufacturer warranty.
Force majeure
We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, carrier or supplier failures, shortages of materials or transportation, utility or network outages, and governmental actions. If such an event occurs, our obligations are suspended for its duration and affected delivery estimates are extended accordingly.
Governing law
These Terms of Sale and any sale under them are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Jersey for any dispute arising out of or relating to these terms or an order, except that we may seek injunctive relief where appropriate. If any provision is held unenforceable, the remaining provisions remain in effect.
Questions about this policy?
AFS Wholesale LLC, 1957 Rutgers Blvd, Lakewood, NJ 08701