Terms & Conditions
Pricing:
While every effort will be made to inform the Buyer of price fluctuations, all prices are subject to adjustment to reflect prevailing prices at the time of shipment.
Quality Standards:
Products provided under this agreement shall adhere to the Seller’s standard practices, except where specifically agreed otherwise in writing by both parties. Commercial tolerances apply to all products, including those produced to meet specific specifications.
Warranty Coverage:
All products sold are warranted to be free from defects in material and workmanship. This warranty supersedes all other warranties, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
Payment Delays:
Failure by the Buyer to adhere to payment terms may result in the Seller withholding further shipments until payments are settled. The Seller also reserves the right to cancel orders or issue additional invoices covering extra charges incurred due to delayed payments.
Order Cancellations:
Buyer-initiated cancellations are subject to charges covering labor, materials, and overhead expenses, as determined by the Seller.
Transfer of Risk and Loss:
Upon delivery to the initial carrier, ownership of the products and the responsibility for any damage or loss during transit are assumed by the Buyer, who must promptly notify both the carrier’s agent at the destination and the Seller in case of such occurrences, and report any claims for shortages, shipment errors, or incorrect charges within thirty days of receiving the goods.
Delivery Delays:
The Seller bears no responsibility for delays in product delivery or shipment, or any consequent damages arising from factors outside its control, such as fires, floods, accidents, riots, war, governmental interference, labor or material shortages, transportation inadequacies, or other unforeseeable events.
Taxation:
The Buyer is responsible for paying any current or future sales, use, or excise taxes, whether imposed by Federal, State, or Municipal authorities, relating to the materials sold or measured by their receipts. If taxes are not collected at the time of payment, the Buyer agrees to indemnify the Seller.
Buyer’s Remedies:
Buyer may seek remedies for non-conforming products by providing written notice within fifteen days of receipt, allowing Seller an opportunity to investigate: in such cases. The seller will replace or refund the purchase price, including transportation charges. However, Seller shall not be liable for any additional damages, expenses, or losses resulting from the use, misuse, sale, or fabrication of products that do not adhere to the contract terms.
Buyer’s Property:
Any property of the Buyer left at the Seller’s premises is at the Buyer’s own risk.
Legal Compliance:
The Seller assures that the products covered by this contract will be produced in compliance with all relevant requirements of applicable labor laws and regulations.
Waivers and Modifications:
Failure to enforce any provision of this contract does not waive the right to enforce it in the future. No modifications to these terms are valid unless made in writing and signed by an authorized representative of the Seller.
Applicable Law:
By placing an order, the Buyer agrees that federal law and the laws of the state of New York will govern any disputes arising from these Terms and Conditions between the Buyer and Forez Corp
