TERMS AND CONDITIONS

EXCLUSION OF WARRANTIES

  1. No warranty of merchantability, fitness for a particular purpose, or other warranty (whether expressed, implied or statutory) is made by Framesi NA or its affiliates.

LIMITATION OF LIABILITY

  1. Notwithstanding any other provision to the contrary in this agreement:  ANY liability of Framesi NA or its affiliates to customer for any action in contract or in tort, including, without limitation, negligence, gross negligence, or strict liability, for any loss or injury arising out of or connected with, or resulting from the performance of Framesi NA or its affiliates in packaging, blending, formulating, filling, and/or labeling product sold to customer shall not exceed the price paid by customer for such product, or replacement of the product.  Framesi NA or its affiliates has the sole option to replace the product, or refund the purchase price.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

  1. In no event shall Framesi NA or its affiliates be liable to customer for any indirect, special, exemplary, incidental, punitive, cover, or consequential damages (even if Framesi NA HAS or its affiliates have been advised of the possibility of such damages) arising from the performance or non-performance of Framesi NA’s or its affiliates’’ agreement to package, to blend, to formulate, to fill and/or to label including, but not limited to, claims for loss of profits, goodwill, business or economic opportunity, delay, or cost of substitute product.

RETURNS

  1. All sales are final and never sold on a guaranteed sales basis.  Merchandise may be returned, within 10 days, for exchange only if a factory defect exists.  Returns accepted for any other reason will be assessed a restocking charge up to 25%. 

    To insure prompt and efficient handling of your returns, you must obtain a return authorization number from Framesi NA or its affiliates which must appear on the shipping carton, or returns will be refused.  A packing list must be included to show invoice number and date on which the goods were ordered.  List all returned goods and specific reasons for the returns.

FREIGHT MUST BE PREPAID BY CUSTOMER

FOR ALL RETURNED MERCHANDISE

  1. All sample merchandise will be billed and shipped on request, and may be returned only with a return authorization number from Framesi NA or its affiliates.

PRICES

  1. Prices are subject to change without notice and merchandise will be billed at prices prevailing on the day of shipment.  You will be notified of price changes in advance whenever possible.