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. Buyer shall carefully inspect all deliveries of products as they are received by Buyer and report to Seller promptly (but in any event within seven (7) calendar days after receipt of shipment) any damage, alleged error, shortage, defect or nonconformity of such products. Any failure by Buyer to inspect and report shall constitute a waiver by Buyer of any claim or right of Buyer against Seller arising with respect to any such error, shortage, defect, or nonconformity which was reasonably discoverable by such an inspection. We shall be entitled to make an inspection of the shipment. You must retain the original shipping carton and all packing material.
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.
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. 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 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. Seller reserves the right to change agreed to payment terms at any time. 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, returned or rescheduled by the Buyer without the written agreement of Seller. When approved, items returned are subject to a 15% restocking fee. It is further understood by the Buyer, that should Seller authorize a cancellation or return, that depending on the work that has been completed, Buyer may be obligated for charges up to the total of the entire order.
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 to Buyer; however, if Buyer should fail to pay when due any amount Buyer owes to Seller on account of such products, Seller shall have, in addition to any other rights of Seller, the right (without liability of Seller) to repossess such products or to require Buyer to effect (at Buyer’s 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 of collection incurred by Seller (as specified above), 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 (+/-) .0208 per ft. (0.25" -12').
- Panel Size Tolerance: Less than (+/-) .125 per panel.
- 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.
- Visual Tolerance: Graphic panels and hardware will be free of any visual imperfections that would interfere with the normal viewing and enjoyment of either.
LIMITED WARRANTY. It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all products of Seller for Buyer’s intended purposes and uses. Seller warrants that the products sold hereunder conform to Seller’s applicable specifications for such products. Seller shall not have any liability whatsoever for any damage to or defect in products resulting directly or indirectly from events occurring after the delivery of such products to carrier by Seller.
GRAPHIC PANEL WARRANTY - (10 YEAR NOT PRORATED). Fossil Industries, Inc. warrants that under normal use, it’s CHPL graphics will not will not fade, delaminate, peel, blister or crack for a period of ten (10) years from the date of purchase. 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, acts of God, or improper fabrication/installation will be disallowed. 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. Laminate grades must have exposed edges and back sealed from moisture. 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 normal viewing distance. This warranty is effective as of 4-16-2012 for products purchased on or after this date.
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. This information presented on our website and in our documents, including the quote, invoice, approval documents and the Panel Thickness and Installation Guide are presented to assist you in determining what grades of material, inserts, holes, cutting options, colors, hardware and features may meet the requirements of your project. Purchaser shall solely determine the suitability of the materials to be provided by Fossil Industries, Inc. as it relates to their project. Fossil’s responsibility is to provide the materials as written on its quote and will not be responsible for any errors, omissions or additions as it relates to any conversations, client provided drawings, bid requirements etc. Purchaser and user assumes all risks and liability whatsoever in connection therewith. Fossil Industries shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use of or the inability to use the product or it’s 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.