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Terms & Conditions

Terms & Conditions

Terms

We accept Visa, Mastercard, American Express and Discover credit/debit cards, as well as Paypal and Apple Pay.

FOB Point of Origin. All orders subject to acceptance by FDF/Factory Direct Fastening.

Minimum order is $50.00.

Terms of Use

At Factory Direct Fastening [FDFinc.net] we know you are excited about using our service to manage your fastener and hardware needs, but we ask that you take time to read and understand these terms and conditions carefully. They explain a number of things including, the rules covering our provision of goods and services to you and other information regarding your rights and obligations.

We provide a range of electronic services including this website and electronic newsletters (Electronic Services). In particular, our website offers an easy and convenient method of ordering fasteners and hardware products online.

By accessing or subscribing to any of our Electronic Services you confirm that you have read, understood and agree to be bound by these terms and conditions [and any acceptable use policy we may introduce in future], which will form part of these terms and conditions.

To keep up with regulatory, technical and organizational change, we may vary these terms of use from time to time by publishing the updated policy on our website or by notifying you in any other way. Please be sure to visit our website regularly to keep up to date with any changes. You may wish to save a copy of these terms and conditions for your records.

Your Information and Privacy

By subscribing to or placing orders through our Electronic Services, you represent and warrant that you are 18 years old or over. If you are under 18 years old, you must not attempt to subscribe to or place orders through our Electronic Services.

You must not harvest any personal information, email addresses or other electronic addresses provided in or accessible through an Electronic Service for use in another database or use them to send spam or place them on any email list.

You agree to provide accurate, complete and up-to-date information where we require them to provide you with goods and services.

Subject to our Privacy Policy, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service.

If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.

Drop Shipments

Orders may be drop shipped at the request of the distributor. Normal freight policy will prevail.

Shortages

Any shortages on your shipment must be reported within 10 days of the shipping date for proper verification and possible adjustment.

Warranty

F.D.F. stands behind all of our products. Any item may be returned due to defective workmanship or materials. The item will be replaced or credit will be issued.

Acceptance

This sales contract may be accepted by Buyer submitting a signed written purchase order which shall be deemed to incorporate the terms contained herein. Such power of acceptance shall terminate thirty (30) days from the date hereof. All sales are subject to approval of Seller. The terms and conditions hereof constitute the entire contract and no oral or written representation, modification, change order, limitation or waiver of this contract or any provision hereof shall bind Seller unless it is in writing and signed by an authorized representative of Seller at Seller’s home office. If Buyer is a corporation, it represents that the person accepting this contract in Buyer’s behalf was duly authorized to do so.

Taxes

Seller’s prices do not include sales, use, excise or similar taxes. Buyer warrants that it is purchasing the goods for resale and agrees to promptly pay, and indemnify Seller against, any and all such taxes should they be asserted against Buyer or Seller at any time.

Cancellations and Returns

Cancellation of this contract or approval of returns of goods by Buyer must be approved in writing in advance by Seller’s authorized representative at its home office. Discontinued or specially ordered goods and worn or damaged goods may not be returned. Returned goods are subject to a restocking charge plus costs of repackaging, if necessary. Shipments delayed at Buyer’s request will be subject to reasonable storage, handling and carrying charges. If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.

Over and Under Shipment

Buyer agrees to accept as satisfaction of Seller’s performance hereunder, and pay the unit price for the quantities actually delivered, even though the quantities delivered differ from those ordered. Such variations usually do not exceed an increase or decrease of 10% which is billed pro-rata in accordance with the contract. This invoice covers the exact quantity furnished.

Title and Delivery

Seller retains a security interest in goods until receipt of payment in full and Buyer agrees to execute and deliver any financing statement or other documents related thereto upon Seller’s request. Unless otherwise specified, risk of loss passes to Buyer upon delivery to the specified carrier for shipment to Buyer or, if Buyer requests that such delivery be delayed, upon completion of the goods ready for shipment. Unless otherwise specified, delivery of goods shall be made FOB Seller’s point of shipment. Agreed shipping dates are estimates only, and Seller shall not be liable for failure to make timely delivery or delays in delivery. If Seller is prevented from delivering any portion of the contract because of acts of God, fire, flood, wind, war, sabotage, civil unrest or disobedience, accidents, strikes or any other cause beyond Seller’s control, Seller may cancel such portion from the contract, deduct the related amount from the purchase price, and fill the balance of the contract which has not been subject to the stated event without other modification of the contract. In the event of damage or loss in transit, Buyer must give immediate written notice to the carrier’s agent at destination and to Seller. Within thirty (30) days after receipt of goods, Seller must be notified of any claims for shortages, errors in shipment or errors in charges.

Remedies on Buyer's Default

If Buyer fails to make any payment when due, Seller may, without prior notice and without breach of contract, refuse to make any further shipments, cancel the unshipped balance of the contract and take immediate possession of the goods already delivered for which payment has not been received. So long as any such default continues, Buyer shall not be entitled to any discount for prompt payment. Payments received from Buyer shall be credited to the oldest invoice first, regardless of any other indication from Buyer. Waiver by Seller of any breach of the terms and conditions hereof, shall not be construed as a waiver of any other breach.

Limited Warranty

So long as the goods are serviced and used in the manner called for by Seller’s product literature, Seller warrants that the goods will be free from defects in materials and workmanship and, within reasonable tolerances, will perform to specifications and related capacities contained in Seller’s product literature. Unless otherwise stated on the reverse side hereof, or in Seller’s product literature, this warranty shall extend for a period of one year from the date of shipment and shall thereupon terminate. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR END USE OR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. Seller’s liability for breach of warranty is limited solely to the replacement or repair of defective goods or, at Seller’s election, to refund of the purchase price; and Seller shall not be liable for consequential or incidental damages resulting to Buyer or others from the furnishing or use of defective goods or for costs of installation or removal thereof.

Claims Against Seller

Any claims for breach of the warranty provided in paragraph 7 hereof must be made in writing and delivered to Seller within fifteen (15) days from the date of its occurrence, and Buyer shall provide with such claim complete details thereof. Following prior written approval from Seller, Buyer may return by prepaid shipment any goods claimed by Buyer to be defective for warranty repair or adjustment. The remedies provided hereby shall be the exclusive remedies of Buyer for breach of warranty. No action of any type, including any counterclaim or crosscomplaint, shall be brought or asserted by Buyer for any alleged breach of this contract more than one year (or such shorter period as in otherwise specified) after the date of shipment.

Successors and Assigns

Buyer shall not assign this contract or any interest therein without the prior written consent of the Seller. This contract shall be binding on Buyer’s successors and assigns.

Governing Law

It is expressly agreed by the parties hereto that this contract shall be governed by the laws of the State of California.

Compliance with Law

Seller certifies that the goods will be produced in compliance with the applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act and applicable legal regulations and orders issued under Section 14 thereof.

Severability

Any terms and conditions herein set forth which are deemed to be unenforceable or in violation of law or public policy shall be deemed to be severed herefrom and all other terms and conditions hereof shall be fully enforced.

Prevailing Terms and Conditions

These terms and conditions may be superseded only by specific provisions typed on this contract or by written agreement approved by Seller’s authorized representative at its home office. Should any of these terms and conditions be contrary to or inconsistent with any terms and conditions contained in any purchase order form or other document between Seller and Buyer which is prepared by Buyer and whenever executed, the provisions hereof shall be controlling and shall supersede the conflicting terms and conditions which are contained in such other documents.

Condition of Goods

Seller warrants the goods listed in this invoice to be of merchantable quality and free from defects in material and workmanship. In case of defects in material or workmanship Buyer must so notify Seller in writing within ten (10) days from the date of receipt of such goods. No goods sold shall be returned without Seller’s written permission. Seller’s liability being expressly limited to replacing or repairing defective goods or, at Seller’s option, the return of Buyer’s purchase price. The foregoing express warranty is in lieu of and excludes any and all other warranties, express or implied by law or trade usage. Buyer, in placing any order, shall be understood as accepting the terms and conditions of this warranty.

 

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5655 Cahuenga Blvd. North Hollywood, CA 91601

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