All prices, terms and conditions stated are current, subject to change without notice by Seller. Buyer agrees to pay in accordance with prices, terms and conditions in effect at time of shipment.
Cash discount, if any is indicated, will apply only on the net amount of invoice after deducting transportation charges and taxes thereon, unless otherwise specified, and will only be allowed if payment is made within the time stated, and provided there are no past due items. A service charge on past due items will be the maximum allowed by state usury laws. No anticipation deductions are allowed. In the event legal or collections action becomes necessary in Seller’s opinion, Buyer shall be liable for legal and collection fees.
All taxes and excises of any nature whatever now or hereafter levied by government authority, whether federal, state, or local, either directly or indirectly upon the sale or use of any material covered hereby, or upon the subject matter hereof or upon transportation charges, shall be paid and borne by the Buyer, unless prohibited by law.
Any Increase in transportation rates, or any changes in routing requested by the Buyer which result in increased transportation costs, will be at the Buyer’s expense.
Seller shall not be liable for failure to ship or delays in delivery by reason of the following: fires, floods, or other casualties, wars, riots, civil commotion, embargoes, governmental regulations, or Seller’s inability to obtain necessary materials (finished or otherwise) from its usual source of supply. Shortage of cars or trucks or delays in transit. Strikes or other labor troubles affecting production or shipment, whether involving employees of Seller or employees or others. Shortages of products, labor or raw materials, or any other cause beyond Seller’s control, whether or not of a class or kind mentioned herein.
The products described, sold by seller, are warranted to be free from defects in material and workmanship at time of shipment, this warranty is in lieu of and excludes all other warranties, whether express or implied, including any warranty of merchant ability or of fitness for a particular purpose. Consult seller's written application and installation instructions before use.
The approval of FlameOFF product by Fire safety or Building authorities for use is the sole responsibility of the Buyer. The Seller is not responsible for Buyer’s failure to adhere to fire, safety, or building codes in the application of FlameOFF products.
The Buyer is responsible for following FlameOFF product's Application Guide and Submission Specifications. The Seller is not responsible for any damages or financial losses caused by not following the Seller's instructions. In no event shall the Seller be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of FlameOFF products.
All sales are final. No products shall be returned by buyer without prior written approval of seller. Any claim by buyer for defective products shall not be used by buyer without inspection by and prior written approval of seller.
Should the financial responsibility of the Buyer at any time appear unsatisfactory to the Seller, the Seller reserves the right to require payment for any shipment hereunder in advance, or require satisfactory security. If the Buyer fails to make payment in accordance with the terms hereof, or fails to comply with any provision hereof, the Seller may, at its option cancel any unshipped portion of the Buyers orders. Buyer shall remain liable for all unpaid accounts and entire account shall immediately come due and payable.
Should litigation become necessary, the Buyer agrees to a change of venue at the discretion of the Seller. Where Buyer desires to cancel any order for special materials or products not normally carried in stock by Seller, Buyer shall be required to make payment as follows: In full for finished items, on other unfinished items, that percentage of the full price as the percentage of completion bears to full completion, where only unprocessed materials are involved, the cost of material plus 15%.
No terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon the Seller unless in writing and signed and approved in advance by an officer of the Seller. No modification of any of these terms shall be affected by Seller’s shipment of products following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
At Seller’s option, disputes of any kind may be brought to arbitration according to the rules of the American Arbitration Association and judgment upon the award rendered may be entered in the highest court, state or federal, having jurisdiction. The sale of the products shall be subject to there Terms and Conditions of Sale, Including those limiting warranties, as set fourth in Sellers invoices. No agent, employee, or representative of the Seller, its subsidiary or affiliated companies is authorized to modify this statement.
In the rare event that the product arrives frozen, FlameOFF Coatings, Inc will ship a replacement via UPS ground or offer a full refund. Customer must supply photo of frozen product upon arrival; claims will not be accepted after day of delivery.