Terms of Sale

Terms of Sale

Governing Law: State of Georgia, USA

Applicability: United States sales

Effective Date: 1/1/2026

1) Provider and Scope

These Terms of Sale (“Terms”) govern all purchases from Pendleton (“Pendleton,” the “Provider,” “we,”

“our,” or “us”). By placing an order, submitting payment, or providing a deposit, the customer

(“Customer,” “you,” or “your”) agrees to be bound by these Terms.

2) Custom, Built-to-Order Products

All Pendleton products are custom built-to-order. As a result, ALL SALES ARE FINAL and ALL

DEPOSITS ARE NON-REFUNDABLE. Once an order is placed, it cannot be canceled, modified, or

refunded except at Pendleton’s sole discretion.

3) Deposits and Payment Terms

A deposit is required at the time of order placement. The remaining balance is due upon completion of

production and will be automatically charged to the payment method on file unless otherwise agreed to

in writing at the time of sale. Extended or alternative payment arrangements must be documented at

the time of purchase under order notes. Absent such written arrangements, deposits expire

one (1) year from the order date.

4) Pre-Release and Advance Orders

Pendleton may accept deposits for pre-release or advance products. Any stated production or delivery

timeframe is an estimate only, provided in good faith, and does not constitute a guarantee. Pendleton

makes no promise of delivery by a specific date.

5) Production Lead Times

All production lead times are estimates and subject to change. Delays may occur due to supply

constraints, demand, labor availability, force majeure events, or other circumstances beyond

Pendleton’s control. Customer acknowledges that production timelines may extend for many months

or longer.

6) Financing and Third-Party Payments

If Customer uses financing, credit, or loan-based payment methods, Customer acknowledges that

payments may become due before receipt of the product. Pendleton is not responsible for third-party

financing terms or obligations.

7) Delivery, Acceptance, and Storage

Delivery is curbside only via semi-truck, parcel carrier, or mail carrier at Pendleton’s discretion.

Customer must accept delivery within ten (10) days of production completion. After ten (10) days, a

storage fee of $50 per week will accrue until customer is ready to accept shipment. Storage fees must

be paid in full before shipment. Failure to pay storage fees may result in forfeiture of product at

Pendleton’s discretion. If Customer lacks appropriate license for receiving goods at Customer's shipping address,

order will be shipped to a third-party with appropriate licensing who will receive on behalf of Customer,

in which case, said order will be considered fulfilled in full by Pendleton upon shipment to said third-party.

8) Shipping and Freight Charges

Freight and shipping charges will be quoted at the time of shipment due to fluctuating carrier rates. All

calculations are subject to correction for accuracy.

9) Risk of Loss

Risk of loss transfers to Customer upon tender of the product to the carrier.

10) Limited Warranty Disclaimer

Products are sold “AS IS” except as expressly stated in a separate written warranty document.

Pendleton disclaims all implied warranties to the maximum extent permitted by law.

11) Limitation of Liability

Pendleton shall not be liable for indirect, incidental, special, or consequential damages. Total liability

shall not exceed the amount paid by Customer for the product.

12) Privacy Policy Incorporation

Customer acknowledges and agrees that Pendleton’s Privacy Policy is incorporated by reference and

governs the collection, use, and retention of customer information.

13) Governing Law and Venue

This Agreement shall be governed, construed, interpreted and enforced in accordance with the laws of the State of Georgia without regard to choice of law provisions. The Parties agree the exclusive jurisdiction for any action arising out of or in connection with this Agreement shall be the state or federal courts of Walton County, Georgia, and the Parties hereby consent to personal jurisdiction of such courts.

14) Severability and Waiver.

In the event that any one or more of the provisions of this Agreement shall be determined to be invalid, unenforceable or illegal, such invalid, illegal and unenforceable provision(s) should be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect. Failure by Pendleton to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

15) Entire Agreement

These Terms constitute the entire agreement between Pendleton and Customer and supersede all

prior representations.