These “Terms and Conditions” govern the sale of all products and services (“Products”) by FSR, Inc. (“Seller” or “FSR”) and apply, notwithstanding any conflict, contrary or additional terms and conditions in any purchase order or other document or communication (“Purchase Order”) from Buyer. These terms and conditions may only be waived or modified in a written agreement signed by an authorized representative of FSR. Neither FSR’s acknowledgement of a purchase order, nor FSR’s failure to object to conflicting, contrary, or additional terms and conditions, in a purchase order shall be deemed an acceptance of such terms and conditions, or a waiver of the provisions hereof.
1. ORDERS
Orders shall be initiated by a Buyer, in writing by issuing a purchase order or otherwise placing an order by electronic means acceptable to FSR. (No verbal orders are accepted)
MTO (Make To Order) Products
May require a 50% deposit with order prior to production of products. Once payment is received and production begins the order becomes non-cancelable and once shipped it cannot be returned.
All Custom Orders
They require 50% deposit before design or production begins, and may require payment in full before shipping. Once payment is received and production begins the order becomes non-cancelable and once shipped it cannot be returned. See Section 5 ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS.
2. PRICES
Prices for all FSR’s products are subject to change without notice. Pricing on Quotations and Order Acknowledgments are valid for thirty (30) days. Prices do not include taxes, impositions, and other charges, including: sales, use, excise, value added and similar taxes and / or charges imposed by any government authority, handling fees, freight or shipping costs, international shipping charges, forwarding agent’s and broker’s fees, consular fees, document fees and import duties. If FSR shall be liable for, or shall pay any of the foregoing, the Buyer shall pay same to FSR in addition to the price of the products.
3. TERMS OF PAYMENT
Payment terms shall be via Credit Card, Payment in Advance (PIA), or Open Terms with NET 30 DAYS from the date of Invoice. Buyer agrees to pay the entire net amount of each invoice from FSR pursuant to the terms of each such invoice without offset or deduction. (No COD orders will be accepted)
Opening Order
All opening orders from new customers will be paid via credit card or cash in advance.
Open Terms
Buyers, who anticipate annual purchases in excess of $15,000, may apply for an open account. The Buyer agrees to submit to FSR such financial information from time to time as may be reasonably requested by FSR for the establishment and / or continuation of credit terms including any and all Tax ID, Re-sale, or Tax Exemption forms. New Jersey Based Companies must provide a copy of Sales Tax – Direct Payment Permit, Resale Certificate, or other Exemption Certificate(s). Otherwise all sales will be subject to sales tax.
Orders
Orders are subject to credit approval by FSR who may, at its’ sole discretion, change the Buyer’s payment terms. FSR may require payment of any or all amounts due or to become due prior to shipment of any or all of Buyer’s order. If FSR believes, in good faith, that the Buyer’s ability to make payments may be impaired, or if Buyer shall fail to pay any invoice when due, FSR may suspend delivery of any order or any remaining balance thereof until such payment is made. FSR may cancel any order, or any remaining balance thereof, and Buyer shall remain liable to pay for any Products already shipped and all Custom Products ordered by the Buyer.
Checks
Checks are accepted subject to collection, and date of collection shall be deemed the date of payment. Any check received from the Buyer may be applied by FSR against any obligation owing from the Buyer to FSR regardless of any statement appearing on, or referring to such check, without discharging the Buyer’s liability for any additional amounts owing from Buyer to FSR, and the acceptance by FSR of such check shall not constitute a waiver of FSR’s rights to pursue collection of any remaining balance.
Interest
Buyer shall pay interest on any invoice not paid when due, from the due date to the date of payment, at the rate of (1 ½ %) one and one-half percent per month or such lower rate as may be the maximum allowable by law. If a Buyer fails to make payments when due, FSR may pursue any legal or equitable remedies, in which event FSR shall be entitled to reimbursement for costs of collection and reasonable attorney fees.
4. DELIVERY AND TITLE
All shipments by FSR are F.O.B. Point of Origin, Pre-paid by FSR and billed to the Buyer. Buyer shall pay all transportation, freight, insurance, and handling charges in addition to the price for products. A $15.00 Wire Transfer Fee will be added for all overseas orders. Subject to the FSR’s right of stoppage in transit, delivery of the products to the freight carrier shall constitute delivery to the Buyer. Risk of loss shall thereupon pass to Buyer; however, title shall remain FSR’s until Buyer makes payment in full for the Products, the Invoice for such products, and all applicable fees therein. FSR shall make selection of the carrier, and delivery route, unless specified in writing by the Buyer prior to shipment.
5. ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS
Inspection and acceptance of Products shall be Buyer’s responsibility. Buyer is deemed to have accepted the Products unless written notice of rejection is received within seven (7) days after delivery of the product. Buyer waives any right to revoke acceptance thereafter. Buyer shall report any discrepancy in quantity or damage within seven (7) days of delivery.
RMA Numbers are required
No return of product will be accepted by FSR without a RETURN MATERIAL AUTHORIZATION (RMA) number clearly marked on the outside of the package(s) FSR will issue all RMA Numbers in writing
MTO & Custom orders
MTO and Custom orders are non-cancelable and non-returnable.
ATO (Assemble To Order) Products
A restocking charge of Twenty-Five Percent (25%) will apply to all returned ATO products returned within 30 days of the date of invoice. All products must be unused and in New & Re-sellable condition. Customer credit is subject to FSR’s physical inspection. The Buyer is responsible for all freight costs both to and from FSR’s factory.
Metal & Electronic Products
A restocking charge of Fifteen Percent (15%) will apply to all products returned within 30 days of the date of invoice. Products returned after 30 days will be subject to a restocking charge of Twenty-Five Percent (25%) All products must be unused and in New & Re-sellable condition. Customer credit is subject to FSR’s physical inspection. The Buyer is responsible for all freight costs both to and from FSR’s factory.
No returns for credit or exchange will be accepted after Sixty (60) days from the original invoice date
All RMA Numbers expire Thirty (30) days after the date of issue and become null and void and no returns will be accepted after this 30-day period has expired
6 WARRANTY
All products are covered by the warranties listed below by Product Category. All warranties are void if the equipment is tampered with, modified, damaged, or used in a way contrary to the original design of the product. If units are found to be defective or damaged please refer to Section 5 ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS. During the period of the warranty, FSR will make any necessary repairs without charge for parts or labor. The owner must prepay shipping charges to the factory or repair station; return-shipping charges (via UPS Ground) will be paid by FSR. Warranties apply only to the original owner and are not transferable. Also, it does not apply to repairs done other than by the FSR Factory or Authorized Repair Stations. Warranty claims should be accompanied by a copy of the original invoice showing the purchase date and a RETURN MATERIAL AUTHORIZATION (RMA) number. Before returning any equipment for repair, please be sure that it is adequately packed & cushioned against damage in shipment, and that it is insured.
Metal Products
All floor boxes, wall boxes, ceiling boxes, table boxes, and Smart-Way raceway are under warranty against defects in materials & workmanship for one (1) full year from the date of purchase provided they have been installed correctly and have been used for the purpose for which they were designed.
IPS Products
All IPS Products carry a lifetime warranty. Proof of purchase is required for all warranty claims.
Electronic Products
All devices are under warranty against defects in material and workmanship for three (3) full years from the date of purchase provided they have been installed correctly and have been used for the purpose for which they were designed.
Video Cables and Adapters
All cables, connectors, and adapters are under warranty against defects in material and workmanship for three (3) full years from date of purchase provided they have been installed correctly and have been used for the purpose for which they were designed.