TERMS AND CONDITIONS OF SALE AND WARRANTY
General: As a customer of Flamemaster Corporation, it is understood that your organization agrees to meet the terms and conditions set forth. Varying, differing or additional terms and conditions contained in the buyer’s purchase order, request for quotation or elsewhere in any other document shall not be binding upon Flamemaster (the seller). Flamemaster’s terms and conditions are posted on the Flamemaster website.
Definitions: “Buyer” shall mean any customer of Flamemaster. “Supplier/Seller” shall mean Flamemaster Corporation. “Goods” shall mean those goods identified in any purchase order, which may be changed from time to time by the mutual written agreement of the parties.“Services” shall mean those services that Flamemaster routinely provides in the course of manufacturing its product.
Warranty Statement: All products are under warranty based on the shelf life of the material supplied. Material must be stored under the conditions required per the certification.Warranty is for material only. The Seller shall not be liable to the Buyer or any third person for any injury, loss, or damage directly or indirectly resulting from use of, or inability to use the product.When the Seller provides the buyer with a translation of the English language version of a document. The Buyer agrees that the translation provided is for Buyer’s convenience only and that the English language version of the document shall govern the relationship between Seller and Buyer. Seller warrants that all product provided to Buyer shall consist of new and authentic materials only.
Export Control Statement: It is the policy of the Seller to comply with U.S. export control laws.Export control laws restrict the transmission of certain technologies, and commodities overseas or to individuals, including U.S. citizens, or made available to foreign nationals on U.S. soil.It is the responsibility of the Buyer to be aware of and comply with U.S.export control laws. The Department of State, through its International Traffic in Arms Regulations (ITAR) of the Directorate of Defense Trade Controls (DDTC), Department of Commerce, through its Export Administration Regulations (EAR), Bureau of Industry and Security (BIS), have implemented regulations governing export of certain technologies and commodities.
The U.S. export controls also apply to “re-exports” of items and technology subject to U.S. law from one foreign country to another.
Department of Treasury, through its Office of Foreign Assets Control (OFAC), maintains targeted economic sanctions programs that restrict or prohibit a wide range of export and other transactions involving designated countries, entities and individuals.
Outside Bill Of Lading (BOL) Policy: Please be advised that on-time shipment is among Flamemaster’s top quality objectives. As the shipper/supplier, we possess the knowledge and expertise to prepare the buyer’s BOL accurately and expediently and to ensure its acceptance by the carrier. As the consignor, supplier’s signature in the legal document declares our responsibility to the Department of Transportation (DOT) that the named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the DOT. (The DOT can impose fines up to $10,000 for material that is not fully or accurately described by the proper shipping name and hazmat classification.)
If the buyer employs outside logistics and insist that we the seller submit the outside BOL to the carrier vs. our own, then the seller must bear an obligation to educate the third party on the particular details of our hazardous material. We the seller must often return the outside BOL back to the logistics firm repeatedly to make one correction after another, before the document is ready for our endorsement. This burdens the Seller’s Shipping department and delays buyer’s shipment.
Due to the final responsibility of Flamemaster for the BOL certification, seller has established a best practice to reject outside BOLs and use its own. While it is the buyer’s prerogative to hire outside logistics, be advised that if buyer also requires that we submit the outside BOL to the carrier vs. our own, then the seller will charge for an “Outside BOL Fee” for the extra work and obligation it places upon us.
Specifications: Goods provided by the seller shall not be subject to any other specifications which are not stated on the purchase order, or any specification that does not pertain to Seller’s manufactured product.
Delays: Ship date lead times provided by the seller are estimates only. Seller is not responsible for any transportation cost or any damages to the buyer for delayed shipments.
• As determined by seller’s accounting department
• FOB shipping point -buyer assumes all risk and liability for loss, damage, or destruction after deliver of the product to carrier
• For any past due payment, seller may enforce a late charge at seller’s discretion.
Returns: Return of any merchandise must be authorized in writing by Seller, have Seller’s “authorized material return”, return Goods authorization (RGA) number and be accompanied by a copy of original packing slip verifying shipment from Seller’s plant or warehouse. Returned goods must be in their original container, shipment prepaid subject to the limitations of Seller’s Warranty. If goods are returned because of an error acknowledged by Seller, Seller will remedy such error without expense to the Buyer. Buyer returning merchandise must pay transportation charges and bear risks of loss or damage to goods while in transit, unless deemed Seller’s error.
Restocking charges: A minimum of 25% of invoice shall be charged for material returned to Seller unless deemed Seller’s error.
Record Retention: The Seller retains all records for the period of 10 years.
Re-certification of Previously Purchased Product: The shelf life of material usually can be extended. The cost for re-testing will be determined based on the extent of testing required. Normally, a sample kit is required for testing purposes. Contact Seller’s sales department for instructions when planning to return material for re-test. A Return Authorization Number needs to be obtained by the Buyer for all re-test returns from the Seller’s sales department.
Right of Entry: The Seller requires 48 hours advanced notice for any authorized visitation to Seller’s facility.
Changes to Buyer’s Original Order: The Seller will not charge the Buyer for the first change to Buyer’s original purchase order. However, the buyer will be charged for any subsequent changes to the original purchase order. The charge for any subsequent purchase order changes is based on completion status of the respective purchase order.
Cancellation: Buyer shall pay a restocking fee based upon completion status of an order at time of cancellation.
Disputes: Any disputes arising from the Seller’s Terms and Conditions will be arbitrated as subject to California law.