TERMS & CONDITIONS

ACKNOWLEDGMENT
Subject to availability, Swingframe Mfg. hereby offers to sell the products referred to in its catalogs and any Acknowledgment or Invoice only upon the following terms and conditions. This offer is subject to acceptance only on the following terms and conditions.

These terms and conditions are hereby incorporated into any purchase order, sales acknowledgment documents and to all subsequent actions relating to any of the products sold by Swingframe Mfg. Any additional terms or different terms and conditions proposed by any buyer in any purchase order or confirmation are hereby rejected, shall not be a part of any contract binding upon Swingframe Mfg. and any such purchase order or acceptance shall constitute any acceptance of this offer.

ORDERING
• Orders can be placed by phone, fax, e-mail or standard mail.
• Every order is acknowledged, by fax, e-mail or standard mail when possible.
• Orders will be manufactured and invoiced based upon the information on the acknowledgement.
• All custom orders always require a signed confirmation of order.
• Orders can be paid by Credit Card, Credit Account or Check.
• Certified bank checks are required for C.O.D. orders.
• Non cashier checks are held 10 days on new accounts before shipment is made.
• Credit Cards accepted: VISA, MASTERCARD, & AMERICAN EXPRESS.
• All sales final upon delivery.

SHIPPING
• FOB is Freeport, New York 11520.
• Some products & items shipped FOB point of origin.
• All orders shipped via UPS unless otherwise instructed.
• For items considered oversize, shipment will be via common carrier.
• Swingframe Mfg. accepts customer shipping account numbers.

DAMAGED MERCHANDISE / CLAIMS BY BUYER
The utmost care is used in packing & shipping. Swingframe Mfg. shall incur no liability for damage, shortage or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless full details thereof are entered on the shipping receipt to the carrier. We are not responsible for loss or damage during transit. All items are shipped at the buyer’s risk. If further damage is found after delivery, immediate inspection by the delivering carrier should be requested. Notification of concealed damages must be reported within 5 business days.

DELAYS IN DELIVERY
Swingframe Mfg. shall attempt to meet any shipment or delivery date specified, but in no event shall it be responsible or liable for failure to ship or deliver on or by any particular date. Swingframe Mfg. shall not be liable to any buyer or third party for indirect or consequential damages due to delays in the shipment or delivery of goods.

PRICING & QUOTATIONS
• All prices are suggested list prices. Prices subject to usual trade discounts, unless otherwise specified.
• Shipping costs and any applicable taxes are additional and are not subject to discount.
• Swingframe Mfg. is required to collect New York Sales Tax. Valid resale certificates are accepted.
• Quotes are guaranteed for 30 days, after which the price would be subject to change without notice.
• We make every effort to hold prices throughout the catalog year, however pricing is subject to change without notice.

VOLUME ORDERS
• Large orders will be shipped in bulk, unless otherwise instructed.
• Merchandise shipped individually will be charged an additional Box & Handling fee per frame/display.

LEAD TIME
All orders are acknowledged with an anticipated ship date. This date is based on current production schedules, available inventory and other factors. It is not a guaranteed commitment to ship on that date and Swingframe Mfg. accepts no liability for unavoidable delays.

STORAGE
Orders held for ‘will call’ will be invoiced on date merchandise is ready for ‘will call.’ If delivery cannot be accepted upon agreed upon date, merchandise will be stored at the customer’s expense and risk.

NEW ACCOUNTS / CREDIT
New, open accounts are established on initial orders exceeding $500.00 NET, accompanied by the Swingframe Mfg. credit application completed in full. Allow adequate time for credit approval when submitting first order, or enclose payment with order. A current credit card must always be on file for credit approval. Credit cards will be charged on overdue invoices at Swingframe Mfg. discretion.

TERMS OF SALE
• Net 30 days from date of invoice on approved credit.
• If payment is not received within 30 days from invoice date, customer shall be liable for interest charges of up to 2%
  per month (24% per annum) and collection costs, including attorney’s fees.
• Swingframe will charge a $25.00 fee on all returned checks.

RETURNS AND CANCELLATIONS
• Most merchandise is manufactured to your specifics, upon acknowledgement of your order. Therefore no returns will
   be accepted without our written consent.
• Authorized returns will be charged a 30% restocking fee.
• Custom orders cannot be returned under any conditions, unless product defects exist.
• Returned goods must be unused (unless defective) and packaged in original cartons and shipped freight prepaid within
  30 days of original shipping date.
• Credit is subject to inspection by our receiving department.
• Orders may not be cancelled without our written consent.
• A cancellation charge may be imposed at our discretion, based on the amount of production completed.
• Orders ready for shipment, under no circumstances will be canceled.

SHORTAGE CLAIMS
• Shortage claims reported after 30 days beyond shipment date will not be honored.

SPECIFICATIONS
• Swingframe Mfg. reserves the right to change prices, specifications, finishes and discontinue products at any time
   without prior notice.
• Color Charts, Textures and Finishes Charts approximate actual colors as closely as possible.
• Color reproductions of products shown in Swingframe catalogs, other marketing materials and web-sites are
   approximate.
• Actual color or wood samples are available on request.
• Normal variations in wood and metal finishes may occur when materials are restocked.

CUSTOMERS OWN MATERIALS (COM)
Swingframe Mfg. cannot be held responsible for performance of COM materials, yields, variations, in tones, finishes quality and quantity. All responsibility for COM is between the buyer and the source. Swingframe has the right to refuse COM if it is in any way inappropriate, hazardous, or reduces the Swingframe quality standards.

COM must be shipped freight pre-paid

COM must be appropriately marked on the outside of the package with the following;
- Buyers name • Purchase Order Number
- Quantity • Swingframe Model Number • Description of what COM is to be used for

LIMITATION OF LIABILITY
Buyer’s exclusive remedy for claims arising hereunder shall be for the replacement or repair of products proven to have manufacturing and/or specification defects, or the allowance of credit therefore, at the option of Swingframe Mfg., and shall be dependent upon Swingframe Mfg. acknowledgment that such defects exist. Swingframe Mfg. liability for any and all losses and damages to Buyer resulting from any cause whatsoever, including Swingframe Mfg. negligence, alleged damaged or defective goods, irrespective of whether such defects are discoverable or latent, shall be limited to replacement or repair of the product proven to have manufacturing and/or specification defects or allowance of credit therefore, at Swingframe Mfg. option.

TITLE TO MERCHANDISE
Buyer acknowledges that once Swingframe Mfg. delivers the goods to carrier, title to the
merchandise and risk of loss will pass to the buyer. If goods are damaged by the carrier while in transit the buyer has the sole obligation of seeking any appropriate recourse against the carrier. Swingframe Mfg. shall not be liable for consequential damages.

Swingframe Mfg. retains a security interest in all products sold to secure the purchase price and all other obligations owed by the customer to Swingframe Mfg. products until fully paid.