FXR Glass, LLC Terms & Conditions

The following Terms and Conditions govern all Quotes and apply to any purchase order (a “Purchase Order”) received by FXR Glass, LLC (“FXR”) and the business transactions related thereto.

Quotes & Standard Purchase Orders

All FXR quotes (a “Quote” or “Quotes”) are EXW Tampa from FXR’s warehouse unless otherwise expressly agreed in writing by FXR. Quotes are valid for thirty (30) calendar days from the date of submittal by FXR. After thirty (30) calendar days, FXR reserves the right to review or update pricing on any existing Quotes and/or subsequent Quotes.

Purchase Orders must be placed with FXR for confirmation. By submitting a Purchase Order, the customer confirms its acceptance of these Terms and Conditions. A customer’s Purchase Order should list the applicable FXR Quote Number. FXR Glass will confirm all non-custom, standard Purchase Orders or Custom Purchase Orders prior to production. Approximate completion and shipping dates will be subsequently determined after any applicable approvals such as those involving finish specifications, drawing approvals, the payment of an advanced Deposit for a given order (as defined below), etc.

From FXR’s receipt of a Purchase Order, please allow up to two (2) business days for acknowledgements or confirmations. In the case of repeat, standard Purchase Orders of the same volume, the prices are valid for thirty (30) calendar days from the date of the initial Purchase Order.

FXR reserves the right to re-quote any Quote or FXR project proposal if quantities, sizes, materials, or processes change from those originally specified and requested by a customer. Any customer changes are subject to a feasibility, manufacturing cost and pricing review. Changes by a customer to a Purchase Order that has already been accepted for manufacturing are subject to review (i) as a change order (a “Change Order”) that modifies the original pricing and/or scope of the Purchase Order and/or (ii) as to whether the original Purchase Order must be canceled (subject to the forfeiture of the advanced Deposit and/or cancelation fees).

In the event the customer believes a return for a standard Purchase Order is necessary, the customer must submit such a request for FXR’s review. If the customer submits its return request within three (3) business days from FXR’s confirmation of the standard Purchase Order, a standard restocking fee will apply if FXR agrees to accept the return. In the event the customer submits its return request after three (3) business days from FXR’s confirmation of the standard Purchase Order, the customer agrees to pay fifty percent (50%) of the Purchase Order price if FXR agrees to accept the return. Unauthorized returns that have not been pre-approved by FXR will not be accepted and will be returned to the shipper or customer freight collect. The customer is responsible for shipping, crating, packaging and/or delivery costs involving any return.

All manufacturing, production or delivery times provided by FXR are estimates only and are subject to change. Manufacturing, production or delivery times depend on factors such as the product type, the number of orders in queue in production, the current production volume, the size of the Purchase Order, Change Orders, the availability of the appropriate raw materials, the transportation and logistical support involved, or events of force majeure or other circumstances outside of the control of FXR or its suppliers.

Custom Purchase Orders

Custom shapes and sizes are available but are subject to FXR’s prior review on a case by case basis. In the case of custom orders (a “Custom Purchase Order”) made to a customer’s specifications, FXR requires at a minimum a fifty (50%) percent advanced deposit (the “Deposit”) to accept any Custom Purchase Order. Upon receipt of the Deposit, FXR will authorize the initiation of the manufacturing process.

No cancellations are allowed for Custom Purchase Orders. All Glassboards sales, Custom Glass, Painted Glass, DP Glass, accessories and furniture sales are considered final. Unless otherwise agreed in writing by FXR, the forfeiture of the Deposit and cancellation fees will apply in the event the customer cancels the Custom Purchase Order after FXR has received the Deposit. The customer is responsible for all costs and expenses incurred by FXR or its suppliers in excess of the Deposit involving the cancellation of a Custom Purchase Order.

All Custom Purchase Orders are subject to the same Terms and Conditions referenced herein applicable to non-custom, standard Purchase Orders. Quoted prices are valid for thirty (30) calendar days unless otherwise agreed by FXR.

Crating, Packaging & Delivery

Crating, packaging and delivery services are an additional, separate scope of supply which involve third-party supplier costs. FXR may quote and include costs for such services in a given Quote. Individual crating fees may be included in the Quote and are subject to change if special crating requests are made by the customer (including but not limited to, requests for installation or assembly purposes).

The customer is responsible for all costs and expenses involving the delivery of any Purchase Order from FXR’s warehouse in Tampa, FL. In all cases it is the responsibility of the customer to determine if the size of the Purchase Order delivery can be accepted at the customer’s specified destination, through the relevant entry doors, windows, etc. FXR does not accept responsibility or liability where on-site conditions or limitations interfere with or prevent the delivery of Purchase Orders.

Payment Terms

Custom Purchase Orders require a minimum deposit of fifty percent (50%) of the applicable price to initiate order production. Non-custom, standard Purchase Orders are also subject to an advanced minimum deposit, to be determined by FXR’s discretion, prior to the initiation of order production.

Prior to the shipment of any order, all remaining balance of payments must be received by FXR. If full payment is not received prior to shipment, FXR may apply storage charges until the balance of payment is received and the order is cleared for shipment. The balance of payment includes, but is not limited to, the price of the Purchase Order and costs and fees involving crating, packaging, delivery, freight, and/or storage fees.

If a customer elects to make any payment or Deposit by “P-Card,” FXR will add four (4%) percent to the applicable Purchase Order price. Such additional four (4%) percent is to be included in any advance Deposit applicable for any Custom Purchase Order.

Warranty

FXR passes to its customers what warranty is provided by FXR’s manufacturer or production supplier(s), as may be applicable. In the event the customer discovers a defect in manufacturing or production, the customer should notify FXR within thirty (30) days of receipt of the order. Timely submitted warranty requests will be reviewed on a case by case basis by FXR.

Governing Law

The undersigned representative of customer acknowledges that said representative has authority to bind the customer to the applicable Quote or FXR project proposal, inclusive of the applicable specifications and conditions and these Terms and Conditions.

The laws of the State of Florida will govern the interpretation and application of these Terms and Conditions without regard to any conflict of law provisions. In the event of a legal dispute of any kind arising out of, related to or connected with these Terms and Conditions, the parties agree to be subject to the exclusive jurisdiction of the federal and state courts of Tampa, FL if they are unable to amicably resolve the dispute through mutual consultations with their respective senior management.

***Thank you for your business. The balance of payment is due before an order is cleared for delivery. Storage charges may apply if delivery is delayed due to a remaining balance of payment.***