QUOTATIONS: Written quotations automatically expire thirty (30) calendar days from the date issued unless otherwise stated on the face of the quotation. Quotes are subject to termination by notice within that period. Quotations are subject to correction in the event of stenographic or clerical errors. Prices quoted are for specific quantities shown and shipment at one time to one destination unless otherwise stated. Any change in the quantity of an order and/or split shipments are subject to price revision.
PRICES: Prices are subject to change without notice and orders calling for future shipment will be billed according to the price in effect at the time of shipment, unless otherwise specified.
PAYMENT: Seller is a mail-order operation and accepts Visa, MasterCard, American Express and Discover Cards or prepayment by bank checks drawn on U.S. funds. Payment is due when order is placed. See purchase order and payment terms section in the Terms and Condition of Sale.
SPECIAL ORDERS: Bronze Anodized, Clear Anodized, Internal Poles and Flagpole Beacon. These items can take 4-6 weeks before shipment is scheduled for delivery.
SHIPMENT: All prices are F.O.B. The Flag Company, Inc. unless otherwise stated. Method and route of shipment are at The Flag Company’s discretion, unless the Buyer supplies explicit shipping instructions. When Buyer specifies method of shipment, any additional shipping expense will be charged to Buyer. Shipping charges are not intended to guaranteethe delivery at or to destination. Identification of goods to thecontract shall occur as each shipment is placed in the hands of the carrier.
DELIVERIES: Deliveries shall be subject to, and contingent upon, strikes, labor difficulties, not civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in The Flag Company, Inc. usual sources of supply, governmental decrees or orders, or without limiting the foregoing, any other delays beyond The Flag Company’sreasonable control, and The Flag Company, Inc. shall not be liablefor any loss or damage arising therefrom. The Flag Company, Inc.shall have the additional right, in the event of the happening of any of the above contingencies, at its option, to cancel this contract or any part thereof, without any resulting liability. Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered merchandise.
PACKAGING: Unless otherwise stated on the face of the quotation, all packaging will be in accordance with The Flag Company, Inc. standard practices for domestic shipments.
TAXES: Prices on the specified products are exclusive of all city, state and federal excise taxes, including without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer.
WARRANTY: The equipment, apparatus, and parts are warranted against defects in materials and workmanship for a period of one (1) year from the date of shipment received. (Flagpole Warranty) ---- (Flagpole Beacon Warranty)
THE FLAG COMPANY’S RIGHT OF POSSESSION: The Flag Company, Inc. shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of Buyer's default or defaults, to withhold shipments, in whole or in part, and to recall goods in transit, retake same, and repossess all good which may be stored with The Flag Company, Inc. for Buyer's account, without the necessity of taking any other proceedings, and Buyer consents that all the merchandise is so recalled, retaken or repossessed shall become The Flag Company’s absolute property, provided that the Buyer is given full credit there for.
CONTROLLING PROVISIONS: These terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation order, or other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. The Flag Company, Inc. makes no representations or warranties concerning this order except such as are expressly contained herein, and this order may not be changed or modified orally.
PURCHASE ORDER: If this quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer's assent to the foregoing.
** (PURCHASE ORDERS WILL BE SUBJECT TO A 20% CREDIT AND BILLING FEE)**
PAYMENT TERMS: Net amount of invoice is due and payable in full within thirty (30) days of invoice date. If in The Flag Company's opinion, the financial condition of the Buyer at any time does not justify continuance of production or shipment on the terms of payment specified, The Flag Company, Inc. may require full or partial payment in advance of manufacture or shipment. Any indebtedness owing to The Flag Company, Inc. for a period longer than thirty (30) days shall bear interest until paid at the current prime rate published in the Wall Street Journal. If The Flag Company, Inc. finds it necessary to place any indebtednesshereunder in the hands of an attorney for collection, the Buyer shall pay all expenses and costs of collection, including reasonable attorney's fees.
LIABILITY: The Flag Company, Inc. shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of fire, labor troubles, accident, acts of civil or military authorities, or from any other cause beyond The Flag Company, Inc. control.
CANCELLATION: Once and order has been placed and accepted by The Flag Company, Inc. the PO can be canceled only with The Flag Company’s consent and upon terms that will indemnify The Flag Company, Inc. against loss. Orders must be cancelled within 72 hours or a 50% cancellation fee will be assessed. If submittals are required, we will not order the pole until submittals are approved. If changes are made to submittals after a written quotation is sent, The Flag Company, Inc. will modify the quotation to the revised submittals, which may result in price change.
RETURNED MATERIAL: In no case are goods to be returned without prior written consent. Only unused material as currently manufactured, which has been invoiced to Buyer, within ninety (90) days, will be considered for return. Material accepted for credit is subject to a minimum service charge of twenty-five percent (25%) plus all transportation charges. Material built to order is not subject to return for credit under any circumstances. Goods must be securely packaged to reach The Flag Company, Inc. without damage.
GENERAL: The provisions on the face hereof and these Terms and Conditions constitute the entire agreement among the parties and supersede the provisions of any purchase order, other communication between the parties or any statement or representation not included herein. This agreement may not be modified or amended except in a writing signed by the party intended to be bound thereby.
NOTICE: The carton of parts has been carefully packed. The Flag Company, Inc. will not be responsible for any shortages and/or damages if they are not reported within 72 hours after arrival.