Company Policy
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01. RETURN OF PRODUCTS—Goods cannot be returned, and orders once accepted by our company cannot be canceled, except upon the written approval of our company. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by our company. Customers returning goods are responsible for freight charges, and shall be assessed a restocking fee of $100 or 20% of the order, whichever is greater.
02. FORCE MAJEURE—Our company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond our company’s reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which our company deems fair and reasonable. In no event shall our company be liable for special or consequential damages for any delay for any cause.
03. LIABILITY—Our company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order.Our company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from our company in the condition claimed. If such timely claim is made by Buyer, and the claim is deemded valid by our company, our company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at our company’s option, crediting Buyer with the invoice price of the deficiency.
04. WARRANTY—All goods sold by our company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of our company has any authority to bind our company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to our company in writing within five (5) days from the date the goods are received by Buyer.
Our company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
05. SELECTION—Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on our company’s skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless our company, its successors, assigns and subsidiaries from and against all costs (including attorney’s fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed our company for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
06. CHOICE OF LAW—This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the State of Florida as if it were executed and performed entirely within the State of Florida. Further, it shall be construed to be between merchants.
