Terms of service

This website is operated by Bates Display. Throughout this website, the terms “Bates Display,” “we,” “us,” and “our” refer to Bates Display.

By accessing this website, submitting an order, paying a deposit, approving production, or purchasing products or services from us, you agree to these Terms of Service (“Terms”) and our Refund & Return Policy.

These Terms apply to all website users and customers, including customers who place or approve orders through our website, estimates, quotations, sales orders, work orders, invoices, email, text message, telephone, or other direct communications.

If you do not agree to these Terms, please do not use our website, purchase our products, or authorize us to begin work.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer our products and services online.

SECTION 1 – ONLINE STORE TERMS

By using this website, you represent that you are at least the age of majority in your state, province, or country of residence.

You may not use our products, services, or website for any unlawful or unauthorized purpose.

You agree not to transmit viruses, malware, destructive code, or other material that may interfere with the operation or security of this website.

A violation of these Terms may result in the immediate termination of your access to our website or services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service, decline an order, or terminate a business relationship at our discretion, subject to applicable law.

You may not reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of this website, its content, or our products and designs without our express written permission.

Headings are provided for convenience and do not affect the interpretation of these Terms.

SECTION 3 – PRODUCT INFORMATION, REFERENCE PRODUCTS & AVAILABILITY

We make reasonable efforts to ensure that product descriptions, photographs, dimensions, materials, colors, and specifications are accurate. However, information may contain errors, omissions, or variations and may be changed without notice.

Website, catalog, and social media photographs are provided for general representation. Colors and textures may appear differently depending on lighting, photography, computer monitors, mobile devices, material lots, and manufacturing processes.

Bates Display continually develops and improves its products. We reserve the right to modify or discontinue our products and to change their designs, construction methods, components, materials, colors, finishes, and approximate dimensions at any time without prior notice.

A current product may differ from a product previously ordered or shown in an older photograph, catalog, sample, or product listing. These differences are normal product variations and are not considered defects.

Customers may occasionally provide Bates Display with a product manufactured by another company to use as a sample, model, or general reference. Bates Display will make reasonable efforts to create a product with similar characteristics; however, we do not guarantee an exact duplicate or match.

Products manufactured by Bates Display may differ from a customer-supplied or third-party reference product in dimensions, materials, colors, finishes, construction methods, components, functionality, appearance, and performance. Differences between a Bates Display product and a customer-supplied or third-party reference product are not considered defects.

A customer-supplied or third-party product is accepted only as a general reference. Providing a reference product does not make its design, construction, materials, dimensions, or performance part of the customer’s order.  

The customer represents that the customer has the right and authority to provide any third-party product, design, drawing, photograph, or specification to Bates Display for reference or manufacturing purposes. The customer is responsible for claims arising from the unauthorized copying or use of third-party intellectual property.

Certain products may be available exclusively online, made to order, offered in limited quantities, or discontinued without notice.

SECTION 4 – CUSTOM & MADE-TO-ORDER PRODUCTS

All of Bates Display products are designed or manufactured to order according to customer-selected dimensions, materials, colors, configurations, branding, or other specifications.

All custom, modified, personalized, branded, and made-to-order products are Final Sale and are nonreturnable, nonrefundable, and not eligible for exchange.  All sales are final.

Normal variations within applicable manufacturing tolerances, including variations in finished dimensions, fabric nap, material thickness, texture, color, finish, seams, alignment, or appearance, are inherent in custom manufacturing and are not considered defects.

Custom orders may not be cancelled or modified after materials have been ordered or production has begun.

The customer is responsible for reviewing and approving all specifications and determining whether a product is suitable for its intended application before authorizing production.

Please also review our Refund & Return Policy before placing or approving an order.

SECTION 5 – CUSTOMER MEASUREMENTS, FIT & MANUFACTURING TOLERANCES

Customers are responsible for providing complete and accurate measurements, including all internal dimensions, tapers, curves, hinges, locks, hardware, obstructions, and variations within the area where the product will be installed or used.

All dimensions provided for custom products are considered nominal, and all finished dimensions are approximate.

Due to material thickness, fabric covering, adhesive, assembly, compression, and the handmade nature of our products, finished dimensions may vary from stated dimensions. Variations within Bates Display’s normal manufacturing tolerances are inherent in the manufacturing process and are not considered defects.

Bates Display may intentionally manufacture a product slightly smaller than the dimensions provided or specified to allow for material thickness, covering, assembly, manufacturing tolerances, installation clearance, and ease of fit. This is intended to reduce the risk of a product being oversized, binding, or failing to fit within the intended drawer, cabinet, case, or installation area.

Applicable manufacturing tolerances and clearances may vary depending on the product’s overall size, materials, construction, covering, design, and intended application.

Bates Display does not guarantee an exact, seamless, edge-to-edge, or gap-free fit based solely upon measurements supplied by the customer. This is particularly applicable to drawers, cabinets, cases, or installation areas that are tapered, curved, irregular, handmade, or inconsistent in size.

The customer is responsible for verifying that the measurements and for ordering a prototype to ensure the desired fit and appearance within the intended installation area.

SECTION 6 – SAMPLES, PROTOTYPES, INITIAL ORDERS & TEST FITTING

Before placing a volume order, Bates Display strongly recommends that the customer order one unit, a prototype, a sample, or a smaller initial quantity of the product.

This allows the customer to personally evaluate and confirm the product’s approximate dimensions, fit, appearance, materials, construction, functionality, suitability, and overall acceptability for the customer’s specific application, intended use, and expectations before committing to a larger quantity.

Prototypes, samples, individual test units, design services, materials, and associated shipping charges are billable and nonrefundable.

Approval or acceptance of a prototype, sample, or initial unit applies only to the dimensions, design, construction, materials, and specifications represented by that item.

A new prototype is strongly recommended following every requested dimensional, material, design, construction, or other specification change. Once a change is requested, the original prototype no longer represents the modified product and cannot be relied upon to confirm the fit, appearance, or performance of the revised design.

The customer is responsible for ordering, testing, and approving a new prototype following any change if the customer wishes to verify the revised product before volume production.

If the customer directs Bates Display to proceed into production without ordering and approving a new prototype after any change to the original prototype, the customer assumes all risks associated with the revised product. These risks include, but are not limited to, its approximate dimensions, fit, appearance, clearances, functionality, suitability, performance, and whether it meets the customer’s intended use or expectations.

Written authorization to proceed into production after a change will be treated as confirmation that the customer has elected to proceed without another prototype, test fit, or further evaluation.

If the customer elects to place a volume order without first ordering and evaluating a prototype, sample, individual unit, or smaller initial quantity, the customer assumes the risks associated with proceeding without that evaluation.

Products manufactured following the customer’s authorization remain subject to the applicable custom-product, Final Sale, return, refund, and manufacturing-tolerance provisions of these Terms.

SECTION 7 – ORDER SPECIFICATIONS & CUSTOMER APPROVAL

Customers are responsible for carefully reviewing all estimates, quotations, sales orders, work orders, invoices, drawings, renderings, prototypes, dimensions, quantities, materials, colors, and other specifications before approving production.

Any of the following constitutes authorization for Bates Display to proceed according to the approved specifications:

  • Signing or approving an estimate, sales order, or work order

  • Paying a deposit or making full payment

  • Approving a prototype or sample

  • Providing written approval by email or text message

  • Providing other written direction to begin design, material procurement, prototyping, or production

Written authorization to proceed into production after a dimensional, material, design, construction, or other specification change constitutes the customer’s decision to proceed without an additional prototype or test fit unless the customer expressly requests one before production begins.

When the customer authorizes production without requesting an additional prototype or test fit, the customer accepts the resulting fit, appearance, dimensional, performance, suitability, and expectation risks.

Once production has been authorized, Bates Display may rely upon that authorization to purchase materials, schedule labor, and manufacture the full production quantity.

The customer is responsible for ensuring that the approved specifications are suitable for the intended use and will produce the customer’s desired fit and appearance.

No oral statement or requested modification changes an approved order.  

SECTION 8 – ORDER ACCEPTANCE & BILLING

We reserve the right to refuse, limit, or cancel an order at our discretion, including orders that appear fraudulent, contain errors, violate these Terms, or cannot reasonably be manufactured.

Customers agree to provide current, complete, and accurate billing, shipping, and account information.

These Terms apply to orders initiated or approved through our website, estimates, quotations, sales orders, work orders, invoices, email, text message, telephone, or other direct communications.

By submitting payment or authorizing Bates Display to begin design, material procurement, prototyping, or production, the customer acknowledges and accepts these Terms and the policies incorporated into the applicable order documents.

SECTION 9 – DEPOSITS, PAYMENT TERMS & PARTIAL SHIPMENTS

A deposit or full payment is required before design, material procurement, prototyping, or production begins.

Deposits are nonrefundable once production has begun or materials have been ordered. Submission of a deposit authorizes Bates Display to begin material procurement, labor allocation, design, scheduling, and production planning.

If an order is cancelled after a deposit is received but before production begins, any refund will be issued at the discretion of Bates Display and may be reduced by material costs, design time, development expenses, administrative fees, merchant fees, and restocking charges.

Custom, personalized, and made-to-order products are not eligible for cancellation after approval for production.

The entire outstanding product balance for an order must be paid in full before any product from that order is released or shipped.

At the customer’s request and subject to Bates Display’s approval, products may be shipped in partial shipments as portions of the order are completed. Requesting or authorizing partial shipments does not change the payment terms for the order.

Before the first partial shipment is released, the customer must pay the entire outstanding product balance for the complete order not only the value of the products included in that partial shipment. No product will be released or shipped until the complete product balance has been paid in full.

Each partial shipment may be invoiced separately for its actual shipping, freight, insurance, accessorial, and related carrier charges. The customer is responsible for all costs associated with each partial shipment. Partial shipping may result in higher total shipping costs than shipping the completed order together.

Production schedules may vary among the products included in an order. Shipment of one portion of an order does not mean that the remaining products are complete or ready for shipment. All quoted production timeframes remain approximate.

Past-Due Accounts and Collection Costs

Payment is due according to the terms stated on the applicable quote, sales order, order confirmation, or invoice. Any amount not paid when due will be considered past due.

Bates Display may suspend production, withhold partial or complete shipments, decline additional work, or place an account on credit hold while any product, shipping, freight, or other invoice remains unpaid.

If a past-due account is referred to a collection agency or attorney, the customer agrees to pay all reasonable costs incurred in collecting the outstanding balance, including collection-agency fees, attorneys’ fees, court costs, filing fees, and other reasonable collection expenses, to the extent permitted by applicable law.

Acceptance of a quote, approval of an order, submission of a purchase order, payment of a deposit, or authorization for Bates Display & Sample Case Co. to begin work constitutes the customer’s acceptance of these Terms & Conditions.

SECTION 10 – SHIPPING, FREIGHT CHARGES & PAYMENT OBLIGATIONS

Unless expressly included in a written quotation, all shipping, freight, insurance, duties, tariffs, import or export charges, accessorial charges, residential or limited-access fees, liftgate service, redelivery charges, storage fees, and carrier adjustments are additional and are the customer’s responsibility.

When final shipping or freight charges are unavailable before shipment, Bates Display may invoice those charges separately after receiving the carrier’s final invoice.

All separately invoiced shipping and freight charges are due according to the payment terms stated on the invoice. Shipping and freight charges reflect services and expenses already incurred in transporting the customer’s order and are payable regardless of any separate product concern, claim, review, or dispute.

A customer may not withhold, delay, offset, reduce, or condition payment of shipping or freight charges because of dissatisfaction with a product or an alleged product issue. Product concerns must be submitted and handled separately under the claims provisions of these Terms and do not suspend or eliminate the customer’s obligation to pay shipping and freight invoices when due.

Shipping, freight, duties, tariffs, carrier charges, and related fees are nonrefundable.

If products are shipped in multiple or partial shipments at the customer’s request, the customer is responsible for the shipping, freight, insurance, accessorial, and related carrier charges associated with each shipment. Partial shipping may result in higher total transportation costs than shipping the completed order together.

Bates Display may decline additional work, withhold future shipments, or place an account on credit hold while any product, shipping, freight, or other invoice remains unpaid.

SECTION 11 – SALES TAX & RESALE CERTIFICATES

Sales tax will be applied when required by applicable law unless a valid resale or exemption certificate is provided and approved before payment.

California customers claiming resale status must submit a properly completed California Resale Certificate, CDTFA-230, containing a valid California seller’s permit number. The certificate must match the purchasing or billing entity and must be received before payment is processed.

If a valid certificate is not received before payment, applicable sales tax will be charged. Bates Display may be unable to remove or refund sales tax after payment has been processed.

The purchaser is responsible for the accuracy and legal sufficiency of all resale and exemption documentation. Bates Display may reject incomplete or invalid certificates and may request updated documentation.

Official California resale certificate form:

https://cdtfa.ca.gov/formspubs/cdtfa230.pdf

SECTION 12 – QUOTED LEAD TIMES, PRODUCTION SCHEDULES & DELAYS

All quoted lead times, production timeframes, completion dates, ship dates, and delivery dates are estimates only and are approximate. They are provided for planning purposes and are not guaranteed deadlines.  

Quoted lead times generally begin only after Bates Display has received all items required to begin the order, including:

  • The required deposit or payment

  • Final written approval

  • Complete and accurate specifications

  • Customer-supplied measurements, artwork, logos, materials, or other required information

  • Approval of any applicable drawings, samples, or prototypes

Delays in receiving payment, approvals, measurements, artwork, customer-supplied materials, or other required information may delay the production schedule. Customer-requested changes may also restart or extend the quoted lead time.

Production and delivery schedules may change due to order volume, material availability, supplier delays, equipment issues, labor availability, customer changes, delayed approvals, carrier delays, tariffs, supply-chain disruptions, natural disasters, governmental actions, or other circumstances outside our reasonable control.

Quoted lead times refer to estimated production time and do not include carrier transit time unless expressly stated in writing. Once an order is released to the carrier, delivery timing is controlled by the carrier and is outside Bates Display’s control.

Expedited production is subject to availability and may require a separate, nonrefundable expedite fee. An expedite fee prioritizes an order within our production schedule but does not guarantee a specific completion or delivery date.  

Bates Display is not responsible for lost sales, missed events, installation delays, customer penalties, lost profits, additional labor expenses, or other direct or indirect losses arising from an estimated production, shipping, or delivery date.

Customers should allow sufficient time when planning installations, events, launches, travel, or other time-sensitive commitments, as all quoted production and delivery dates are approximate.

SECTION 13 – PRODUCT USE & SUITABILITY

Bates Display products are intended for professional display, presentation, organization, storage, and transportation applications.

Customers are responsible for determining whether a product is appropriate for their particular merchandise, environment, handling practices, installation area, and intended use.

Bates Display does not guarantee suitability for every particular application.  

We are not responsible for loss, theft, breakage, scratching, discoloration, or other damage to merchandise displayed, stored, transported, or handled using our products.  

SECTION 14 – INTELLECTUAL PROPERTY

All website content, product designs, layouts, photographs, images, configurations, branding, text, graphics, and other materials are owned by or licensed to Bates Display and may not be copied, reproduced, distributed, sold, or used without written permission.

Unless otherwise expressly agreed in writing, Bates Display retains ownership of its proprietary designs, tooling, engineering methods, construction methods, patterns, and production processes.

Customer-provided logos and trademarks remain the property of the customer and are used only as authorized for the applicable project.

SECTION 15 – DESIGN OWNERSHIP & DEVELOPMENT WORK

All designs, renderings, layouts, prototypes, samples, specifications, and product concepts created or presented by Bates Display remain the intellectual property of Bates Display unless otherwise expressly agreed in writing.

This includes sketches, CAD drawings, digital mockups, structural designs, display configurations, patterns, and material concepts developed during quoting, design, development, prototyping, or sampling.

Designs and concepts provided by Bates Display are confidential and may not be disclosed, reproduced, submitted to, or used by another manufacturer, competitor, sourcing agent, vendor, or third party without our express written consent.

Submission of a quotation, design, rendering, or prototype does not transfer ownership or intellectual-property rights.

Payment of a design, development, engineering, tooling, or prototype fee does not transfer ownership unless Bates Display expressly agrees in writing.

Bates Display may reuse general construction methods, structural concepts, production techniques, and non-customer-specific innovations unless exclusivity is expressly granted in writing.

SECTION 16 – THIRD-PARTY TOOLS & LINKS

We may provide access to third-party tools, websites, services, or links.

We do not control and are not responsible for third-party content, availability, security, practices, products, services, or policies.

Use of third-party tools and websites is at the user’s own risk and may be subject to separate third-party terms.

SECTION 17 – USER SUBMISSIONS

If you submit feedback, photographs, reviews, ideas, suggestions, or other materials to Bates Display, you represent that you have the right to provide them and that their use will not violate another party’s rights.

Unless otherwise agreed in writing, you grant Bates Display permission to use submitted feedback and materials for legitimate business purposes.

Submissions must not be unlawful, defamatory, deceptive, abusive, infringing, or harmful.

SECTION 18 – PERSONAL INFORMATION

Your submission and our handling of personal information are governed by our Privacy Policy.

SECTION 19 – ERRORS & OMISSIONS

We reserve the right to correct errors, omissions, inaccuracies, product descriptions, specifications, availability information, invoices, or pricing at any time.

If a material pricing or specification error is discovered before production, we may contact the customer for approval of corrected terms or cancel and refund the affected unproduced portion of the order.

SECTION 20 – PROHIBITED USES

You may not use this website or its content for:

  • Unlawful or fraudulent purposes

  • Intellectual-property infringement

  • Unauthorized copying or reproduction

  • Data scraping or automated extraction

  • Transmitting malware or destructive code

  • Interfering with website security or operation

  • Harassing, abusive, deceptive, or malicious conduct

We may terminate access for prohibited use.

SECTION 21 – LIMITED WARRANTY & DISCLAIMER

Except for an express written warranty provided by Bates Display, products and services are provided “AS IS” and “WITH ALL FAULTS.”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BATES DISPLAY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Variations within the dimensional, material, color, finish, and construction tolerances disclosed in these Terms or the applicable order documents are not defects.

This disclaimer does not apply where prohibited by applicable law.

SECTION 22 – CLAIMS, INSPECTION & EXCLUSIVE REMEDIES

Customers must inspect products promptly upon delivery.

Claims involving an alleged incorrect item or manufacturing defect must be submitted in writing within three business days after delivery and must include:

  • The applicable sales order or invoice number

  • A detailed description of the claimed issue

  • Clear photographs or video showing the product, packaging, and issue

  • Measurements or other information reasonably requested by Bates Display

No product may be returned without prior written authorization from Bates Display.

If Bates Display determines that an item contains a manufacturing defect or production error, Bates Display may, at its discretion and to the extent permitted by law, repair the item, replace the affected item, modify it, or issue store credit.

These remedies are exclusive unless applicable law requires otherwise.

Accepting an item for inspection does not constitute an admission of fault or an agreement to refund, repair, replace, modify, or remake the item.

Customers are responsible for shipping costs both to and from our facility.  

SECTION 23 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Bates Display shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost sales, loss of business, missed events, installation costs, or loss of use.

To the fullest extent permitted by law, Bates Display’s total liability arising from a product or order shall not exceed the amount paid to Bates Display for the specific product giving rise to the claim.

Some jurisdictions do not permit certain limitations or exclusions, so portions of this section may not apply in all circumstances.

SECTION 24 – SHIPPING, RISK OF LOSS & TRANSIT DAMAGE

Unless otherwise expressly agreed in writing, ownership and risk of loss transfer to the customer when the shipment is released to the carrier.

Customers must inspect shipments upon delivery and note visible damage or shortages on the carrier’s delivery receipt or bill of lading before accepting delivery.

If a shipment arrives damaged:

  1. Photograph the exterior packaging before opening it.

  2. Photograph the damaged product and all packaging.

  3. Retain all packaging materials.

  4. Note the damage on the delivery receipt or bill of lading.

  5. File a claim with the carrier when required.

  6. Notify Bates Display promptly so we can provide available documentation.

Bates Display may assist with carrier documentation but does not guarantee approval or payment of a carrier claim.

SECTION 25 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Bates Display and its owners, employees, affiliates, representatives, contractors, and service providers from third-party claims arising from your misuse of our products, violation of these Terms, infringement of another party’s rights, or use of customer-provided specifications, logos, designs, or materials.

SECTION 26 – CONFLICTS & ORDER-SPECIFIC TERMS

If these Terms conflict with specifications expressly stated in a Bates Display estimate, sales order, work order, or separately signed written agreement, the Bates Display order-specific document controls only regarding those specifications.

Terms contained in a customer purchase order, vendor portal, acknowledgment, or other customer-generated document do not modify or replace these Terms unless an authorized representative of Bates Display expressly accepts those terms in writing.

No employee or representative may modify these Terms unless the modification is confirmed in writing by an authorized representative of Bates Display.

SECTION 27 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain effective.

SECTION 28 – WAIVER

A failure or delay by Bates Display in enforcing any provision of these Terms does not waive our right to enforce that provision or any other provision later.

SECTION 29 – TERMINATION

These Terms remain effective unless terminated by you or Bates Display.

Obligations and liabilities incurred before termination including payment, confidentiality, intellectual property, limitations of liability, and indemnification obligations, survive termination.

SECTION 30 – GOVERNING LAW

These Terms and transactions with Bates Display are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

SECTION 31 – CHANGES TO TERMS

We may update these Terms periodically by publishing a revised version.  

Changes apply prospectively from the published effective date and do not modify an existing order unless the parties agree otherwise.

Continued use of the website after publication constitutes acceptance of the updated website-use terms. Orders remain subject to the version of the Terms accepted when the order was authorized unless otherwise agreed in writing.

SECTION 32 – CONTACT INFORMATION

Questions regarding these Terms should be directed to:

Bates Display
1631 Jenks Drive
Corona, CA 92878
United States

Email: sales@batesdisplay.com
Website: https://www.batesdisplay.com