Terms And Conditions of Sale

SHIPPING INSURANCE.  Fossil insures your order for any damage sustained in transit caused by it’s shipping vendor. Any exception will be written on the quote.

INSPECTION BY BUYER. Shipping companies have increasingly become less supportive of shipping damage claims, making it CRITICAL that the Buyer inspect each package for visual damage while the delivery person is still present. Any visual damage MUST be noted on the shipping waybill, signed by the delivery person, and a copy immediately sent to FOSSIL. Concealed interior damage, alleged errors, shortages, defects, or nonconformity of the products must be reported to FOSSIL within (7) calendar days after receipt of the shipment. FOSSIL can only address shipping damage claims that are successfully acknowledged by the shipping company. Failure by the Buyer to inspect and report damage constitutes a waiver of any claim or rights against FOSSIL or Shipper. Shipper shall be entitled to make an inspection of the shipment. Buyer must retain the original shipping carton and all packing material or any claims will be rendered invalid.

DELIVERY.  Seller shall make every reasonable effort to effect shipment on or before the scheduled shipping date(s) reflected on Seller’s acknowledgment, but such schedule may vary due to, among other things, conditions beyond Seller’s reasonable control, including, but not limited to Seller’s receipt of art files, approvals and information to be supplied by Buyer.  If a priority service fee is agreed to and Seller causes a delay and does not ship by the specified ship date or upgrade shipping, those affected items will have the priority charge removed.  Seller is not responsible for delays caused by client, shipping vendor or seller.  In no event shall Seller be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.  Delivery may be made in advance of any scheduled delivery date.  Depending on the weight of the shipment, a delivery truck with a liftgate may be necessary if delivery location does not have a forklift.  Seller attempts to determine needs before shipping, but when needed, Buyer will be billed an estimated $125 for liftgate service.

PANEL THICKNESS AND INSTALLATION GUIDE.  To ensure the best results from your purchase, please review Fossil’s “Panel Thickness and Installation Guide”.  This document is found on our website under “Resources”, and contains information that if not followed may affect your warranty and the enjoyment of your purchase.

PROJECT DETAIL SHEET.  You will receive a PDF of this document which gives specific info regarding your order including Shipping To Information and panel build details.

HARDWARE.  Fossil “Pedestals” and “Post” do not include the “Tamper Resistant Bolts” that mount Graphic Panels to the Hardware, as those are available with our graphics.  Hardware to attach the “Pedestal” or “Post” to concrete or into the ground is available at any hardware store.  Any questions, please let us know.  We are here to help.

TERMS OF PAYMENT. Payment terms are listed on Sellers quote and invoice. Fossil sends invoices by email only. Payment must be made for the Products regardless of whether Buyer has made, or plans to make, any inspection of the Products. If Products are produced and Buyer for any reason doesn’t authorize or delays shipping, payment is owed as if the product has shipped. Said Products that remains at Fossil after they are ready to be shipped are subject to a storage fee of 10 cents per pound per day until shipped or picked up. Seller reserves the right to dispose of said articles after 30 days with or without notice. Seller reserves the right to charge past due balances to Buyers credit card or bank account with or without notice. If Buyer request a credit card reimbursement, Seller reserves the right to be refunded for it’s incurred credit card transaction fees of 3% for the initial transaction and the same for the refund transaction. If the Products are delivered in installments, Buyer will pay for each installment in accordance with the terms of this agreement. Seller reserves the right to apply new funds to past due balances. Credits on account at Fossil will expire after one year. Seller reserves the right to change agreed to payment terms at any time. Failure to adhere to payment terms are grounds for voiding manufacturers warranty. To the extent permitted by applicable law, Seller shall have the right to be reimbursed for all its costs and expenses in collecting overdue payments. These costs and expenses shall include, but not be limited to, legal fees (including reasonable attorneys fees), court filing fees, process server fees, interest on the debt at the maximum rate allowable by law and storage fees. If any litigation is required, said litigation will be filed within Suffolk County New York. Buyer shall not withhold or set off from any amounts due to Seller, any amounts claimed to be owed by Seller to Buyer for any reason whatsoever.

NON-CANCELABLE / NON-RETURNABLE PRODUCTS. The Buyer agrees that orders may not be cancelled, rescheduled or returned by the Buyer. The very nature of manufacturing custom signage and hardware requires allocation of resources, materials, and labor specific to your order. Deposit are non-refundable. This firm policy ensures that we are able to manage our operations and inventories efficiently, avoid disruptions and financial burdens. There are certain situations where hardware can be exchanged for an alternative item. Exchanges must be approved in writing and when approved, a 15% restocking fee is applied.

TITLE. Title to all products sold by Seller to Buyer shall pass from Seller to Buyer when such products are delivered by Seller to the carrier for shipment and all monies owed have been paid by the Seller.  If Buyer should fail to pay monies owed when due, in addition to any other rights of Seller, the right (without liability of Seller) to repossess such products (at Buyers or End Users expense) or to require Buyer to effect (at Buyer’s or End User expense) return delivery of such products to Seller. In addition, until Buyer has paid to Seller the entire amount due to Seller for such products, Seller shall retain a security interest in such products in the amount of the full purchase price plus all other amounts due hereunder and all costs including but not limited to collection incurred by Seller, and Seller shall retain all rights and remedies of a secured party under the Uniform Commercial Code as in effect at the time of delivery of such products. A copy of Seller invoice may be filed with the appropriate authorities at any time as a financing statement or chattel mortgage in order to perfect Seller’s security interest. Upon the request of Seller, Buyer will execute any financing statements and other documents or instruments necessary or appropriate in order for Seller to perfect its security interest.

INDEMNIFICATION. In no event shall Fossil be liable for any special, incidental or consequential damage, including without limitation, loss of profits or income, whether or not Seller has knowledge that such damages might be incurred.

ART RETURN.  Unless specific instructions to the contrary are supplied by the Buyer and noted on Sellers quote/invoice, all art is deemed replaceable and as such is not returned or maintained by Seller.

MANUFACTURING TOLERANCES.  We take great pride in our work and as such, you will find that our manufacturing tolerances are world class.

– Printing Tolerance: Less than (+/-) 0.0104 per ft. (0.125″ -12′).
– Panel Thickness Tolerance: Less than (+/-) 5% per panel (.025 for 1/2” panel).
– Panel Size (HxW) Tolerance: Less than (+/-) 0.02 per panel.
– Visual Tolerance: Less than (+/-) 0.25 panel surface or subsurface blemishes may occur.
– Fabrication Tolerance: If you are using Fossil Panels as assembly components and have critical cuts or tolerances, make us aware when placing your order so that we can achieve your desired results.

LAYOUT APPROVALS & ROUTER PATHS.  If your project includes signage you will receive a Layout Approval for your review and approval.   Carefully examine all areas of the pdf at full scale or larger.  Many mistakes and imperfections can only be detected when the image is magnified.  If you are unable to clearly see and evaluate the image, contact us to receive a higher resolution proof.  It’s also important to confirm that the size, thickness and quantity is accurate.  Report inaccuracies.  If a panel is used in a mural, the description will include “mural”.  If your project contains panels with irregular shapes be sure that when you submit your vector path for the custom “Cut Path” that you follow the procedures as listed in our File Prep Guidelines.  Fossil will not be responsible for any errors.  Please let me know if you have any questions or need assistance.  We’re here to help. 

LIMITED WARRANTY.  It is the sole and exclusive responsibility of the Buyer to determine the suitability of any and all products of the Seller for the Buyer’s intended purposes and uses. The Manufacturer does not provide a warranty as to merchantability or fitness for a particular use, and no oral statement shall constitute a warranty or amend any specific warranty. The Manufacturer shall have no obligation or liability to any person or entity for any loss, damage, or injury in connection with or arising from the purchase, use, or inability to use this product. This includes any special, indirect, collateral, incidental, consequential, or exemplary damages such as, but not limited to, loss of anticipated profits, costs of installation, repair, removal, disposal, or other economic loss. In addition, the Manufacturer shall not be responsible for any costs associated with the installation, reinstallation, removal, or reshipping of the product, including, but not limited to, labor costs and any associated expenses. The sole remedy will be the repair or replacement of the defective product, at the discretion of the Manufacturer.

GRAPHIC PANEL WARRANTY. Fossil Industries, Inc. (Manufacturer) warrants for a period of ten (10) years from the date of purchase, that under normal use its’ CHPL – Custom High Pressure Laminate; ACG™ – Aluminum Composite Graphic™ and AG – Acrylic Graphic graphics will be free of manufacturing defects that cause fading, delamination, peeling, blistering or cracking.

To ensure the best results from your purchase, please review Fossil’s “Panel Thickness and Installation Guide” and “Care & Maintenance”. These documents are found on our website under “Resources”, and contains information that may affect your warranty and the enjoyment of your purchase.

Manufacturer does not give warranty as to merchantability or fitness for a particular use, nor will any oral statement constitute a warranty or amend a specific warranty. Manufacturer shall have no obligation or liability to any person or entity for any loss, damage or injury in connection with or arising from the purchase, use, or inability to use this product, or for any special, indirect, collateral, incidental, consequential or exemplary damages such as, but not limited to, loss of anticipated profits, costs of installation, repair, removal, disposal or other economic loss. The sole remedy will be for the repair or replacement of the defective product, at the discretion of the Manufacturer.

This warranty is supplied to the buyer in place of all other warranties, expressed or implied. Claims resulting from misuse, willful destruction, acts of God, or improper fabrication / installation will be disallowed. Laminate grades must have edges and back sealed from moisture. Interior grades must not be exposed to sunlight. As some degradation of materials and graphics over time is considered normal wear, this limited warranty applies to qualities that can be detected visually from a typical viewing distance that dramatically affect the normal use of the graphic. Any repair or replacement shall be warranted for a period up to the remaining life of the original warranty. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state, therefore, some limitations stated above may not apply to you.

With each order you will receive a “Project Detail Sheet” which includes your Contact Information, Order # and your actual Warranty. Please save that document for your records. This warranty statement applies to graphics produced on or after 4-16-2012

HARDWARE WARRANTY.  Fossil Industries, Inc. warrants that all frame and base products are covered for a period of one (1) year from the date of purchase against manufacturing defects that would cause welds to fail when properly installed, and against powder coating or paint failure due to manufacturing defects. The sole remedy will be for the repair or replacement of the defective product, at the discretion of the Manufacturer. Manufacturer shall not be liable for any other damages, direct or indirect, sustained or suffered by the purchaser or any other person, including costs of removal and or reinstallation. Claims resulting from misuse, willful destruction, lawn maintenance, cleaning equipment, acts of God, or improper fabrication/installation will be disallowed. Warranty is void if frame or base are altered in any manner including but not limited to drilling holes into, adding attachments to, welding to, painting or if installation varies from the recommended procedures. This warranty is supplied to the buyer in place of all other warranties, expressed or implied. Manufacturer does not give warranty as to merchant ability or fitness for a particular use, nor will any oral statement constitute a warranty or amend a specific warranty. This warranty is effective as of 6-18-1998 for products purchased on or after this date.

DISCLAIMER.  All information presented on our website and in our documents, including quotes, invoices, approval documents, and the “Panel Thickness and Installation Guide”, are intended to assist you in determining what materials, grades of material, inserts, holes, cutting options, colors, hardware, and features may meet the requirements of your project. Purchaser must independently determine the suitability of the materials to be provided by Fossil Industries, Inc. as it relates to their project. The Purchaser is solely responsible for the functional and practical suitability of any designs, drawings, or specifications provided by or to Fossil. While Fossil will produce materials based on these specifications, it assumes no responsibility for the design’s performance, adequacy, or exact replication. Fossil’s obligation is to supply materials as specified in its quote and is not liable for any errors, omissions, or additions related to any conversations, client-provided drawings, bid requirements, etc. Fossil cannot guarantee that panels and hardware in new orders will exactly match previous orders. Color Samples are small production runs, and gloss and color may vary from the final product. Fossil reserves the right to alter its products and terms at any time, with or without notice. Purchasers and users assume all risks and liabilities associated with these products. Fossil Industries shall not be liable for any injury, loss, or damage, direct or consequential, arising from the use or inability to use the product or its suitability for any intended purpose.

NON WAIVER.  Failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.  No single or partial exercise of any right or remedy provide under this agreement or by law shall preclude or restrict the further exercise of that or any other.

AMENDMENTS. These Terms and Conditions of Sale may not be amended except by written agreement of Seller and Buyer expressly referring hereto.

ACCEPTANCE.  These Standard Terms and Conditions of sale, together with information contained in Seller’s written quote and/or invoice (and any additions or revisions mutually agreed to in writing by Seller and Buyer), shall constitute the entire agreement and understanding of Seller and Buyer with respect to the purchase and sale of Seller’s products, superseding all prior oral or written understandings relating thereto. Buyer’s signed quote, purchase order, acceptance of delivery or payment for any products provided hereunder shall constitute buyer’s acceptance of all terms and conditions herein. In the event Buyer’s purchase order states terms and conditions additional to or different from these, then our acknowledgment in accordance with these terms shall be deemed a rejection of Buyer’s offer to purchase, and constitute an offer to sell which may be accepted only in accordance with our terms and conditions and without modification, addition or alteration.