Terms of Service

Last Updated: September 4, 2026

These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “Buyer,” “you”) and Lush Global Contracting (“Company,” “we,” “us,” “our”), governing your use of www.lushglobalcontracting.com (the “Site”) and all purchase orders, invoices, and product procurement transactions.

By accessing the Site, requesting a quote, or submitting a purchase order, you agree to be bound by these Terms.

1. Commercial Eligibility & Permitted Use

This Site and our procurement services are intended primarily for commercial entities, contractors, institutions, and adult consumers. You represent that you are at least 18 years old and possess the legal authority to bind yourself or the legal entity on whose behalf you are acting.

You agree not to use the Site to:

  • Violate federal, state, local, or export laws.
  • Distribute malicious code, automated spiders, scrapers, or extraction crawlers without prior written authorization.
  • Misrepresent your identity, corporate affiliation, or authorization to use commercial purchasing accounts.
  • Attempt unauthorized access to our administrative databases or network infrastructure.

2. Orders, Quotes, and Acceptance

  • Quotes: Price quotes issued via email, PDF, or through our Site are valid for thirty (30) calendar days unless stated otherwise in writing. Quotes are subject to material supply availability and mill price adjustments.
  • Order Acceptance: Placing an item in an online cart or receiving an automated order acknowledgment does not signify our acceptance of your order. Lush Global Contracting reserves the unconditional right to decline, limit, or void any order at our sole discretion for reasons including inventory shortages, pricing errors, or inability to establish freight routing.
  • Payment Terms: Payment is due in full prior to order release and staging unless an approved commercial credit account or prepay distributor agreement has been formally executed in writing.

3. Pricing, Taxes, and Payment Processing

  • Currency & Revisions: All prices are quoted in U.S. Dollars ($ USD). In the event a product is listed at an incorrect price due to typographical error or manufacturer cost discrepancy, Lush Global Contracting reserves the right to cancel the order prior to shipment and refund any amounts charged.
  • Sales and Use Tax: Unless an executed state resale certificate, tax-exemption certificate, or direct-pay permit is submitted and validated prior to invoice generation, the Buyer is solely responsible for all applicable state and local sales or use taxes.
  • Card Authorizations: You represent and warrant that you have lawful authority to utilize the credit card, line of credit, or electronic transfer method provided. Any charge disputed improperly will be pursued to the fullest extent permitted by law.

4. Shipping, Freight, Title & Risk of Loss

  • F.O.B. Shipping Point: Unless expressly agreed otherwise in a signed writing, all shipments are delivered F.O.B. Shipping Point (or origin warehouse). Title to the goods and the entire risk of loss, damage, and delay transfers irrevocably to the Buyer once the carrier takes possession of the goods at our facility or supplier dock.
  • Delivery Schedules: Shipping, transit, and delivery timeframes provided on the Site or in quotes are estimates only. Lush Global Contracting is not liable for project delay costs, liquidated damages, lost profits, or contractor downtime caused by carrier delays, freight shortages, or supply chain bottlenecks.

5. Cancellations, Returns & Restocking Fees

All cancellations, returns, and refunds are governed strictly by our Cancellation, Return & Refund Policy, which is incorporated by reference:

  • Standard orders may only be canceled within two (2) hours of placement, subject to a 5% administrative fee.
  • Returns for eligible stock items must be initiated within fourteen (14) days of receipt, require an approved RMA, and incur a mandatory 25% restocking fee.
  • Buyer pays 100% of return freight and assumes all risk of loss in return transit.
  • Custom, special-order, cut-to-size, and clearance items are strictly Non-Returnable and Non-Refundable.

6. Manufacturer Warranty Pass-Through & Company Disclaimer

  • Manufacturer Warranties Only: Certain commercial materials and equipment are backed solely by the limited warranty of their original manufacturer. Lush Global Contracting will assign or pass through to Buyer any transferable warranties provided by the original manufacturer.
  • DISCLAIMER OF ALL OTHER WARRANTIES: LUSH GLOBAL CONTRACTING IS A SUPPLIER AND DISTRIBUTOR, NOT A MANUFACTURER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS, MATERIALS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LUSH GLOBAL CONTRACTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCT SAMPLES, DESCRIPTIONS, OR ARCHITECTURAL SPECIFICATIONS CONFORM IDENTICALLY TO INSTALLED RESULTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUSH GLOBAL CONTRACTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOSS OF PROFITS OR COMMERCIAL REVENUE;
  • LABOR CHARGES, PROJECT DELAYS, DEMOLITION, OR RE-INSTALLATION EXPENSES;
  • WORK STOPPAGES, DAMAGE TO ADJACENT STRUCTURES, OR BUSINESS INTERRUPTION.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO ANY TRANSACTION OR PRODUCT EXCEED THE TOTAL PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE SPECIFIC ORDER OR ITEM GIVING RISE TO THE CLAIM.

8. Indemnification

Buyer agrees to indemnify, defend, and hold harmless Lush Global Contracting and its affiliates, directors, officers, employees, and agents from and against all third-party claims, demands, liabilities, damages, and legal expenses (including reasonable attorney’s fees) arising out of: (a) Buyer’s breach of these Terms; (b) improper handling, installation, storage, or alteration of products; or (c) violation of building codes or safety regulations by Buyer or its subcontractors.

9. Intellectual Property

All logos, corporate names, text, catalog descriptions, graphics, and interface code on www.lushglobalcontracting.com are the intellectual property of Lush Global Contracting or its content licensors and are protected under US copyright and trademark laws. Unauthorized copying or redistribution is strictly prohibited.

10. Governing Law, Jurisdiction & Dispute Resolution

  • Governing Law: These Terms and all transactions shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
  • Mandatory Venue: Any lawsuit or legal proceeding arising out of or related to these Terms or orders placed with Lush Global Contracting shall be instituted exclusively in the state or federal courts located in Maricopa County, Arizona.
  • Class Action Waiver: ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. BUYER EXPRESSLY WAIVES ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE CLAIM AGAINST LUSH GLOBAL CONTRACTING.
  • Attorney’s Fees: In any action or litigation brought to enforce these Terms or collect unpaid invoices or improper chargebacks, Lush Global Contracting shall be entitled to recover its reasonable attorney’s fees, court costs, and collection expenses from Buyer.

11. Severability & Entire Agreement

If any provision of these Terms is deemed unlawful or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force. These Terms, alongside our Privacy Policy and Shipping/Return Policy, constitute the entire agreement between the parties regarding the subject matter herein.

12. Corporate Contact

  • Company Name: Lush Global Contracting
  • Address: 4539 N 22nd St, Suite R, Phoenix, AZ 85016
  • Email: help@lushglobalcontracting.com
  • Phone: (623) 387-9777
  • Website: www.lushglobalcontracting.com