Terms & Conditions (US)
Please read these Terms carefully and make sure that you understand them, before ordering or purchasing any Products from us. Please note that by ordering or purchasing any of our Products, you agree to be bound by these Terms and any other documents expressly referred to in them.
You should print or keep a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order or purchase Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1.1. “Customer” means the customer or any person or affiliate acting on behalf of and with authority from the customer.
1.2. “Goods” means goods supplied by Seller to Customer.
1.3. “Seller” means Frontline NA, Inc., a Delaware corporation.
1.4. “Terms” means these terms and conditions of sale.
2.1. Orders are not binding on Seller unless accepted by Seller in writing or filled by Seller. Seller may reject any order.
2.2. Customer agrees to give Seller not less than fourteen (14) days prior written notice of any proposed changes in Customer’s details, including but not limited to changes in Customer’s address or business practices.
2.3. Any instructions received by Seller from Customer for the supply of Goods and/or Customer’s acceptance of Goods supplied by Seller shall constitute acceptance of these Terms.
3. Price and Payment.
3.1. The price of the Goods shall be as quoted on Seller’s regularly published price list unless otherwise indicated by Seller. Seller’s pricing excludes all taxes, shipping, packaging, and insurance costs.
3.2. Seller may increase the price of Goods to reflect any increase in Seller’s costs, including but not limited to raw materials and components, foreign exchange fluctuations, taxes, duties, and tariffs.
3.3. Seller may make additional charges for administration on small orders.
3.4. A deposit may be required. The deposit amount will be stipulated at the time of order of the Goods and shall become immediately due and payable.
3.5. Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or other order form. If no time is stated then payment shall be due seven (7) days following the date of invoice.
3.6. The price shall be increased by the amount of all shipping charges, taxes, and duties which may be applicable.
3.7. Interest on overdue invoices shall accrue from the date when payment becomes due, calculated daily until the date of payment, at the rate of two percent (2%) per annum above the bank prime rate from time to time in force. Provided, the interest rate shall not exceed the maximum rate allowed by law.
4.1. If Seller provides for delivery, shipping terms shall be Free on Board (FOB) Origin, Freight Prepaid & Add, as such terms are defined according to Incoterms 2020.
4.2. If Customer chooses to pick up the Goods from Seller or provides a carrier account number for shipping, risk of loss shall pass to Customer upon pick-up by carrier, and Goods will be considered delivered upon pick-up.
4.3. By accepting delivery, Customer agrees that the Goods have arrived without any visible shipping damage. If shipping damage is noted or suspected, Customer must sign for the delivery as damaged and contact Seller immediately.
4.4. Failure to sign for the Goods as damaged and/or neglecting to contact the Seller within five (5) days of delivery voids any claim by Customer.
4.5. Seller may request photographs and other supporting documentation to validate any shipping damages claim.
4.6. Title to the Goods shall not pass to Customer until Customer has paid all amounts owed to Seller and met any and all obligations due to Seller.
5. Defects and Returns.
5.1. Customer shall, within five (5) days of delivery, notify Seller in writing of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote of the Goods. Customer shall afford Seller an opportunity to inspect the Goods within a reasonable time following delivery if Customer believes the Goods are defective in any way.
5.2. Customer must obtain an authorization number from Seller before returning any Goods. Returns must be clean, resalable, and in the original packaging.
5.3. Damages due to the misuse of the Goods will not be accepted.
5.4. If Customer wishes to return any Goods due to order cancellation or any reason other than a warranty claim, Seller may carry out a full inspection of the Goods before accepting the return.
5.5. All returns must be undamaged and unused, in original packaging, and returned to Seller, at Customer’s expense, within sixty (60) days after acceptance.
5.6. Customer can initiate the return process by completing a return form and submitting it to firstname.lastname@example.org. Once the return has been authorized by Seller, Customer may return the Goods to Seller for inspection.
5.7. All returned Goods are subject to a twenty percent (20%) restocking fee.
5.8. Order cancellations or modifications may also be subject to a twenty percent (20%) restocking fee and/or additional charges. Orders for custom Goods or are not cancelable, returnable, or refundable.
6. Limited Warranties and Liability.
6.1. Seller warranties the Goods against manufacturing defects and agrees to assist in the replacement or repair of the Goods if such defects are present.
6.2. If the Goods are not used correctly or in proper observance of their assembly instructions, warning labels, or disclaimers, any warranty is void.
6.3. All Goods have a twelve (12) month warranty, with the exception of one-time use Goods which have a ninety (90) day warranty. A list of one-time use Goods is available upon request. Warranty periods commence on the date of shipment.
6.4. Customer may initiate the warranty claim process by completing a warranty claim form and submitting it to email@example.com.
6.5. Upon a warranty claim by Customer to Seller, Seller may require Customer to deliver additional photographs or information regarding the Goods and/or require Customer to return the Goods at Customer’s sole expense for closer inspection. Failure to provide the requested information or returned Goods in a timely manner may result in the claim being cancelled.
6.6. If Seller validates a manufacturing defect, the Goods will be repaired and/or replaced and returned to Customer at no cost. If the manufacturing defect is not validated by Seller, the Goods may be repaired and/or replaced at Customer’s expense. The final decision on warranty claims is at the sole and absolute discretion of Seller.
6.7. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SELLER MAKES NO WARRANTIES WITH RESPECT TO ANY GOODS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SELLER DOES NOT WARRANTY AGAINST DAMAGE INCURRED FROM NORMAL WEAR AND TEAR, MISUSE, OR FREIGHT.
7. Liability and Indemnification.
7.1. Seller will not be liable to Customer or any other person, and Customer will make no claim against Seller, for any loss, liability, cost, damage, or expense (each, a “Loss”) resulting from Seller’s failure or delay in the performance of any obligation under these Terms due to events beyond its control, including, but not limited to, fire, storm, pandemics, epidemics, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdowns, stoppages or delays, shortages or failures or delays of energy, materials, components, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, or acts or regulations or priorities of the federal, state or local governments.
7.2. Seller’s aggregate liability in connection with the sale of any Goods, regardless of the form of action giving rise to such liability, will not exceed the amount actually paid by Customer to Seller for such Goods. IN NO EVENT WILL SELLER BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUE, OR LOSS OR DEPRECIATION OF GOODWILL, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. All remedies of Customer will be limited exclusively and in lieu of any and all other remedies to those contained in these Terms, whether based in breach of warranty, contract, negligence, strict liability, or any other theory.
7.3. Customer will indemnify and hold harmless Seller from each and every Loss incurred in connection with any action, claim, or proceeding commenced against Seller or to which Seller is made a party, relating in any manner to the Goods, except only to the extent it is determined that Seller’s acts or omissions have directly caused any damages to the party seeking recovery for the same.
8.1. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, executors, and administrators; otherwise, these Terms are non-transferable.
8.2. Customer may not assign these Terms without the prior written consent of Seller.
8.3. If any portion of these Terms is void or deemed unenforceable for any reason, the unenforceable portion shall be deemed severed from the remaining portions of these Terms, which shall otherwise remain in full force.
8.4. The headings in these Terms are for reference only and do not affect the interpretation of the terms and conditions herein.
8.5. Each order and these Terms will be construed to be between merchants. Any question concerning their validity, construction, or performance will be governed by the laws of the State of Delaware. The exclusive venue for the resolution of all disputes will be the state and federal courts located in the County of Erie, State of New York, regardless of where any order was placed or filled, the place of delivery of the goods, or where any other act or performance occurred. Customer consents to the personal jurisdiction of such courts.
8.6. Unless otherwise agreed in writing by Seller, these Terms constitute the entire agreement between Customer and Seller with respect to an order, and may be modified only in writing, signed by the party or parties to be charged. In the event of a conflict between these Terms and any order or invoice, these Terms will prevail.