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.