Terms of Services & Conditions

1. ACCEPTANCE AND CANCELLATION OF ORDER

Any contract for the sale of goods between Buyer and Seller (American Fairfield) may only be canceled by the Buyer upon the advance written consent of Seller, which Seller may withhold at its sole discretion. If Seller consents to the cancellation, Buyer agrees to pay all reasonable cancellation and restocking charges. Special orders for custom or non-stocked items are non-cancelable and non-refundable.

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2. DELIVERY

• Shipping Terms: All prices quoted and goods shipped are F.O.B. Seller’s point of shipment. Title and risk of loss transfer to Buyer upon Seller's delivery of the goods to the carrier.
• Freight Costs: Buyer is responsible for all freight, handling, delivery, and insurance costs unless otherwise agreed upon in writing.
• Partial Deliveries: Seller reserves the right to deliver orders in installments, with each installment considered a separate sale.
• Delay or Refusal of Shipment: Seller may refuse or delay shipment if Buyer fails to meet contractual obligations, including payment terms.

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3. FORCE MAJEURE

Seller is not liable for delays or non-performance caused by factors beyond its control, including but not limited to natural disasters, acts of God, government actions, labor disputes, transportation disruptions, or shortages of materials. Delivery timelines will be extended to account for such delays.

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4. PAYMENT TERMS

• Terms of Payment: Payments are due as specified in the Contract, without offsets or deductions. Late payments will incur interest at 1.5% per month or the maximum rate allowed by law.
• Security Interest: Seller retains a security interest in all goods sold until full payment is received.
• Payment Allocation: Seller reserves the right to allocate payments to any outstanding balances.

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5. LIMITED WARRANTY

• Product Warranty: Seller warrants that goods will conform to the descriptions provided at the time of sale. Unless otherwise stated, goods are sold "AS IS" with no additional warranties, express or implied.
• Third-Party Products: Seller assigns any manufacturer warranties to Buyer where applicable but does not guarantee their enforceability.
• Exclusion of Warranty: Seller disclaims all other warranties, including merchantability or fitness for a particular purpose.

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6. RETURNS

• Return Authorization: Returns require prior authorization via a Return Material Authorization (RMA) obtained within 14 days of the invoice date.
• Restocking Fee: Non-defective goods returned may incur a restocking fee.
• Shipping Costs: Buyer is responsible for return shipping unless the goods are defective.

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7. LIMITATION OF LIABILITY

• Claims Period: Buyer must report any damages, defects, or shortages in writing within 14 days of the invoice date.
• Exclusive Remedies: Buyer’s sole remedy for any claim will be limited to repair, replacement, or a refund of the purchase price, at Seller's discretion.
• No Consequential Damages: Seller is not liable for indirect, incidental, or consequential damages, including loss of profit or business.

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8. SPECIAL SALES TERMS FOR OPEN MARKET AND EXCESS INVENTORY

Products sourced from open markets or excess inventories are sold “AS IS” without warranty. Buyer assumes all risks and responsibilities associated with these purchases and agrees not to hold Seller liable for any issues arising from such transactions.

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9. TAXES

Prices do not include applicable taxes. Buyer is responsible for all sales, use, excise, or similar taxes unless a valid tax exemption certificate is provided.

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10. INTELLECTUAL PROPERTY

Seller disclaims liability for intellectual property infringement claims related to goods purchased. Buyer agrees to indemnify Seller for any such claims.

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11. INSTALLATION

Buyer is solely responsible for the installation, operation, and maintenance of purchased goods, including obtaining necessary permits or licenses.

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12. BREACH

Seller reserves all legal rights and remedies in the event of Buyer’s breach of contract. Buyer agrees to reimburse Seller for all costs incurred in enforcing contract terms, including attorney fees and collection costs.

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13. LEGAL JURISDICTION

This agreement is governed by the laws of the State of Florida. Any disputes will be resolved exclusively in the courts located in Broward County, Florida.

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14. GENERAL

If any provision of this agreement is deemed unenforceable, it shall not affect the validity of the remaining terms. This agreement constitutes the entire understanding between Buyer and Seller.

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By using www.americanfairfield.com or purchasing products, Buyer agrees to these terms and conditions.