Terms of Sale

1. Quote requests and quotes

1.1 A quote request sent through baja.supply, by email or by phone isn't an order and doesn't bind either of us.

1.2 Our prices appear only on the quote we send you. Our team confirms the price and every condition of the sale on each quote: products, quantities, prices, freight, payment terms and how long the quote is valid. After you accept the quote, our team confirms the delivery day with you. Nothing else (this website, a price list or an earlier quote) sets a price, a delivery date, or free or included freight.

1.3 Unless the quote says otherwise, prices don't include sales tax or other taxes.

1.4 We may decline a request, and we may correct an obvious error in a quote before you accept it.

2. Orders

2.1 You accept a quote by telling us in writing, including by email, while the quote is valid. An order is formed when we confirm your acceptance.

2.2 The quote and these Terms are the whole agreement for that order. Terms in your purchase order or other documents that add to or differ from them don't apply unless we agree to them in writing.

2.3 Changing or cancelling an order after we confirm it requires our written agreement.

3. Quantities and packaging

3.1 You may order any number of pails, in any mix of our products. A pallet holds 36 pails; pallets are shown for reference only.

3.2 Our cleaning products are sold by the pail, in 19 L pails with lids holding 5 US gallons (18.9 L) net.

3.3 Empty pails and accessories are sold by the piece, with no minimum, on their own or with an order of our products.

4. Delivery

4.1 We deliver to the address in California, Nevada or Arizona stated in the quote. Delivery dates are estimates, and we'll tell you promptly if a date changes.

4.2 You'll provide safe access to the delivery address and the people and equipment needed to receive and unload. Tell us in advance about receiving hours, appointment needs, and whether there is a loading dock or a liftgate is needed.

4.3 If a delivery can't be completed for reasons on your side, we may charge the reasonable cost of redelivery or storage.

5. Title and risk of loss

Title to the products and the risk of their loss or damage pass to you when they are delivered to the delivery address.

6. Inspection and claims

6.1 Inspect the products when they are delivered. Note any visible damage, leaking pail or shortage on the delivery receipt, and keep the products and their packaging for inspection.

6.2 Tell us in writing about damage or a shortage within 5 business days of delivery, and about any other nonconformity within 30 days of delivery. Include the lot code and photos. Claims not made within these periods are waived.

7. Payment

7.1 Payment terms are set for your account and stated on each quote and invoice. We don't collect payment on this website.

7.2 If an invoice is overdue, we may hold further deliveries until it is paid.

8. Taxes, seller's permits and resale certificates

8.1 You'll pay any sales, use or similar tax that applies to your purchase, unless you give us a valid exemption or resale certificate.

8.2 If you buy to resell, give us, before we invoice your first order, the resale certificate of the state where we deliver: California form CDTFA-230 (or an equivalent document) with your California seller's permit number, the Nevada Resale Certificate with your Nevada seller's permit number, or Arizona Form 5000A with your Arizona TPT license number. A blanket certificate may cover your ongoing purchases. Tell us promptly if your permit or license changes or is closed.

8.3 You're responsible for the accuracy of the certificates you give us.

9. Labels, Safety Data Sheets and warnings

9.1 Use, store and dispose of the products as their labels and Safety Data Sheets direct. Current Safety Data Sheets are at baja.supply/sds.

9.2 If you resell or distribute the products, keep their labels intact and visible, including the California Proposition 65 warning and the pail's drowning warning, and give the Safety Data Sheets to your customers and employees as the law requires.

10. Limited warranty

10.1 We warrant that, when delivered, each product conforms to its label.

10.2 If a product doesn't conform and you tell us within the periods in section 6, we will, at our option, replace it or credit or refund its price. This is your only remedy for nonconforming products.

10.3 This warranty doesn't cover products that have been misused, mixed with other chemicals, repackaged, or stored or used other than as their labels direct.

10.4 EXCEPT FOR THE WARRANTY IN THIS SECTION, WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of liability

11.1 To the extent the law allows, we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or business, even if we were told they were possible.

11.2 To the extent the law allows, our total liability for any claim relating to an order is limited to the price you paid for the products that gave rise to the claim.

12. Returns

Products may be returned only with our written approval. We don't accept returns of opened pails, except under section 10.

13. Events beyond our control

We aren't responsible for delays or failures caused by events beyond our reasonable control, such as border or customs delays, carrier problems, fires, floods, storms, strikes, shortages or government action.

14. Governing law and disputes

These Terms and every sale under them are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. Any dispute will be resolved in the state or federal courts located in California, and both parties accept their jurisdiction.

15. General

15.1 If any part of these Terms can't be enforced, the rest stays in effect.

15.2 Not enforcing a term isn't a waiver of it.

15.3 You may not assign an order without our written consent.

15.4 We may update these Terms. The version in effect when we issue a quote applies to orders from that quote.

15.5 These Terms are published in English and Spanish. If the two versions differ, the English version governs.

16. Contact

Baranta International Trade Solutions LLC, d/b/a Baja Supply · 919 S Imperial Avenue, Calexico, CA 92231 · pedidos@baja.supply · 1-800-670-5003