Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing, browsing, or using the Oakland Pallets website (oaklandpallets.com) and any of our related services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. These terms constitute a legally binding agreement between you and Oakland Pallets. If you are accessing or using our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these terms. If you do not agree with any part of these terms, you must immediately discontinue your use of our website and services.

2. Products & Services

Oakland Pallets provides a comprehensive range of pallet-related services, including the buying and selling of new and recycled pallets, pallet recycling programs, pallet repair and refurbishment, transportation and logistics, and ISPM-15 compliant heat treatment for export pallets. All products are sold “as graded” in accordance with our published grading standards, which describe the condition, structural integrity, and expected performance of each grade level. Product images on our website are representative and may vary from actual inventory. Product availability, pricing, specifications, and minimum order quantities are subject to change without prior notice based on supply conditions and market demand. We reserve the right to discontinue any product or service at any time.

3. Pricing & Payment

All prices quoted by Oakland Pallets are in United States Dollars (USD) and are exclusive of any applicable taxes, delivery charges, or surcharges unless explicitly stated otherwise. Price quotes provided through our website or by our sales team are valid for seven (7) business days from the date of issuance, unless a different validity period is specified in writing. Payment terms are net 30 days for customers with approved credit accounts; all other orders require payment upon delivery or in advance via approved payment methods. Oakland Pallets reserves the right to adjust pricing at any time based on changes in lumber costs, market conditions, fuel surcharges, or other economic factors. Overdue payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.

4. Delivery & Returns

Delivery timelines provided by Oakland Pallets are good-faith estimates and are not binding guarantees. While we strive to meet all estimated delivery dates, we are not responsible for delays caused by weather, traffic congestion, road closures, vehicle breakdowns, or other circumstances beyond our reasonable control. It is the customer's responsibility to ensure that the delivery location is accessible by standard flatbed or delivery truck and that adequate personnel and equipment are available for unloading. All pallets must be inspected upon delivery for quantity, size, grade, and condition. Any claims for damaged, defective, or incorrect products must be reported to Oakland Pallets within 48 hours of delivery. Claims submitted after this period may not be honored. Returns are accepted only with prior written authorization from Oakland Pallets and may be subject to a restocking fee.

5. Warranty

Recycled and refurbished pallets are sold in their graded condition as described in our grading standards. Oakland Pallets warrants that all pallets will meet the specifications of their assigned grade at the time of delivery, including stated dimensions, structural integrity, and load capacity ratings. This warranty does not extend to damage caused by misuse, overloading, improper storage, exposure to chemicals, or modifications made after delivery. We do not warrant fitness for any particular purpose beyond the stated load capacities and intended uses described for each grade and size. New pallets carry a warranty against manufacturing defects for a period of 90 days from the date of delivery. All warranty claims must be submitted in writing to info@oaklandpallets.com with photographs and a description of the issue.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Oakland Pallets' total liability for any claim arising from or related to our products or services shall not exceed the total purchase price paid by you for the specific products or services giving rise to the claim. In no event shall Oakland Pallets, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, business interruption, or damage to goods stored on or transported by our pallets, regardless of the cause of action or the theory of liability, even if Oakland Pallets has been advised of the possibility of such damages.

7. Intellectual Property

All content on the Oakland Pallets website, including but not limited to text, graphics, logos, images, photographs, icons, page layouts, software, and the overall design and arrangement of the site, is the exclusive property of Oakland Pallets or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The Oakland Pallets name, logo, and all related product and service names, designs, and slogans are trademarks of Oakland Pallets. You may not use, reproduce, modify, distribute, display, or create derivative works from any content on our website without our prior written consent. Any unauthorized use of our intellectual property may result in legal action.

8. Indemnification

You agree to indemnify, defend, and hold harmless Oakland Pallets, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of our website or services; (b) your violation of these Terms of Service; (c) your violation of any applicable law, regulation, or third-party right; or (d) any content or information you submit through our website. This indemnification obligation shall survive the termination of these terms and your discontinuation of use of our website and services.

9. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through direct negotiation within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Alameda County, California, and the arbitrator's decision shall be final and binding. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise. Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

10. Force Majeure

Oakland Pallets shall not be liable for any failure or delay in performing its obligations under these terms if such failure or delay results from circumstances beyond our reasonable control. Force majeure events include, but are not limited to, natural disasters, fires, floods, earthquakes, epidemics or pandemics, acts of war or terrorism, labor strikes or shortages, government actions or regulations, supply chain disruptions, transportation failures, power outages, and any other events that are unforeseeable or unavoidable. In the event of a force majeure occurrence, Oakland Pallets will make reasonable efforts to notify affected customers promptly and to resume performance as soon as practicable. Delivery dates and other deadlines will be extended by a period equal to the duration of the force majeure event.

11. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such finding shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties. If modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific agreements or purchase orders executed between you and Oakland Pallets, constitute the entire agreement between the parties regarding the subject matter hereof. These terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the use of our website and services. No amendment or modification of these terms shall be effective unless made in writing and signed by an authorized representative of Oakland Pallets. Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration under Section 9 shall be brought exclusively in the state or federal courts located in Alameda County, California, and you hereby consent to the personal jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14. Contact

If you have any questions, concerns, or feedback regarding these Terms of Service, we encourage you to contact us. You can reach our team by email at info@oaklandpallets.com or by mail at: Oakland Pallets, 8803 G St, Oakland, CA 94621. We will make every effort to respond to your inquiry in a timely manner.