TERMS AND CONDITIONS OF SALE
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 writing and signed by the party intended to be bound thereby.
All orders are accepted with the understanding that they are subject to The Flag Company’s ability to obtain the necessary raw materials.
All orders or contracts as well as shipments applicable thereto are subject to The Flag Company’s current manufacturing schedules, and government regulations, orders, directives and restrictions that may be in effect from time to time.
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 will result in a price revision.
It is the responsibility of the customer to review the proposal for accuracy and verify that it meets specifications.
Bronze anodized, clear anodized, internal flagpoles and Flagpole Beacon can take four to six weeks before shipment is scheduled for delivery.
Material built to order is not subject to return under any circumstances.
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.
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.
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 buyer.
Payment is due when order is placed.
Seller accepts Visa, Mastercard, American Express and Discover cards or prepayment by bank checks drawn on U.S. funds.
All prices are F.O.B. The Flag Company 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.
When Buyer specifies method of shipment, Buyer is responsible for all freight claims with the carrier Buyer selected.
Shipping charges are not intended to guarantee the delivery at or to destination.
Identification of goods to the contract shall occur as each shipment is placed in the hands of the carrier.
Deliveries shall be subject to, and contingent upon, strikes, labor difficulties, civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in The Flag Company’s usual sources of supply, governmental decrees or orders, or without limiting the foregoing, any other delays beyond The Flag Company’s reasonable control, and The Flag Company, shall not be liable for any loss or damage arising therefrom.
The Flag Company 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.
Upon delivery, it is the responsibility of the receiver to verify condition of product.
Any damage to packaging and/or product must be made at time of delivery on BOL.
Failure to do so will result in rejected freight claim by the carrier. If possible, take pictures of damage(s).
Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered merchandise.
Unless otherwise stated on the face of the quotation, all packaging will be in accordance with The Flag Company’s standard practices for domestic shipments.
Notice: The carton of parts has been carefully packed, The Flag Company will not be responsible for any shortages and/or damages if they are not reported within 72 hours after delivery.
RIGHT OF POSSESSION
The Flag Company 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 goods which may be stored with The Flag Company for buyer’s account, without the necessity of taking any other proceedings, and buyer consents that all the merchandise if so recalled, retaken or repossessed shall become The Flag Company’s absolute property, provided that the buyer is given full credit therefore.
Once an order has been placed and accepted by The Flag Company, the purchase order can be canceled only with The Flag Company’s consent and upon terms that will indemnify The Flag Company 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 and/or ship the flagpole until submittals are approved.
If changes are made to submittals after a written quotation is sent, The Flag Company will modify the quotation to the revised submittals, which may result in price change.
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 ten (10) 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.
Goods must be securely packaged to reach The Flag Company without damage.
Material built to order is not subject to return for credit under any circumstances.
The Flag Company 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 control of The Flag Company.
The flagpole shafts are warranted against defects in materials and workmanship for a period of one (1) year from the date shipment is received.
In the case of the Flagpole Beacon, warranty is VOID unless the following conditions are met:
- Installation must be performed by a qualified electrician and all wiring must comply with state and local codes;
- There must be NO tampering with sealed screws and NO dismantling of the beacon;
- Transformers and any other parts must be purchased from The Flag Company.
In the case of the Flagpole Beacon, The Flag Company warrants to replace or repair, at its option, any equipment which fails due to defect in material or workmanship within one year form date of shipment, unless failure is due to improper installation, misapplication or tampering with product, to include disassembly or replacing bulbs with non-specified bulbs.
This guarantee is limited to repair or replacement on the material involved and does not include reimbursement for the expense of installation, removal of equipment, transportation or any other expense, which may be incurred.
Authorization must be obtained from The Flag Company before any material is returned.
Return, repair, or replacement of material without prior approval from The Flag Company voids the warranty.
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 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.