Fibre Glast Developments Corporation, LLC – Terms and Conditions of Purchase

1. Product Selection and Suitability
   Fibre Glast Developments Corporation, LLC ("Fibre Glast") supplies products from a variety of domestic and international sources. These products may be subject to regional codes, standards, and regulations which vary by jurisdiction. While Fibre Glast takes reasonable steps to ensure general product compliance, it does not guarantee conformance with local laws or usage standards. It is the Purchaser’s responsibility to verify that products are appropriate for their intended application and comply with all applicable local, state, or federal laws. Fibre Glast assumes no responsibility for improper product selection, installation, or use.
2. Limited Warranty and Certifications
   All products except Vinyl Ester Resin are guaranteed to have a six-month shelf life from date of purchase when stored in unopened containers and at ambient temperatures. Vinyl Ester Resin has a three-month guarantee. 
   This warranty applies only to the original Purchaser. Claims must be submitted in writing within the warranty period and defective items returned to Fibre Glast prepaid, accompanied by proof of purchase. 
   Fibre Glast will, at its sole discretion, repair or replace defective items. This warranty does not cover misuse, alteration, or unauthorized modifications.
   Fibre Glast supplies Certifications to our published specifications free of charge with all shipments. Material Certifications can be issued to your spec only if the spec is supplied prior to ordering and approved by Product Management or an officer of Fibre Glast Developments Corporation, LLC. If additional product testing is required, there may be additional charges.
3. Disclaimer of Warranties
   EXCEPT AS EXPRESSLY STATED, FIBRE GLAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Fibre Glast is not liable for product misuse, misapplication, or failure to follow installation instructions.
4. Limitation of Liability
   TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE SALE OR USE OF PRODUCTS. FIBRE GLAST’S MAXIMUM LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
5. Order Cancellation and Returns
   Orders may be cancelled prior to shipment only with Fibre Glast’s written approval. Returns are accepted within 30 days of delivery for standard stock items and require prior authorization. Returned items must be in new, unused, and resalable condition, and accompanied by original documentation. Special-order, custom, or non-catalog items are non-returnable. Restocking fees may apply.
6. Security Interest
   Until full payment is received, Fibre Glast retains a purchase money security interest in all goods supplied, including proceeds from their resale. The Purchaser agrees to execute any necessary documents to perfect this interest.
7. Product Information
   Fibre Glast endeavors to keep pricing, availability, and technical information up to date. However, such information is subject to change without notice. Fibre Glast does not warrant that published information is error-free.
8. Hazardous Materials
   Where applicable, Safety Data Sheets (SDS) are provided in compliance with U.S. federal and state regulations. SDS information is originally prepared by product manufacturers, and Fibre Glast does not guarantee its completeness or accuracy.
9. Force Majeure
   Fibre Glast shall not be liable for any delays or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain disruptions, or government actions.
10. Governing Law
    These terms are governed by the laws of the State of Ohio, USA, without regard to conflict of laws principles. Legal proceedings must be initiated within one (1) year of the date the claim arises. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
11. Dispute Resolution
    The parties will first attempt to resolve disputes informally. If resolution is not reached, disputes will be submitted to binding arbitration in Ohio under the rules of the American Arbitration Association.
12. Payment Terms
    Credit Card is the most common form of payment.
    Net 30 Terms are available to select corporate clients. All payments must be made in U.S. dollars. Please contact customer service for additional information. 
    Prepayments by check should be made by Certified Bank check. Orders paid by other types of checks will not be shipped for a minimum of 10 days upon receipt of check. 
    Wire transfers may be required for international shipments. Wire transfers incur a $50 Bank Handling Fee in addition to any charges assessed by your bank. 
    Purchase orders specifying other terms must be approved in writing by an officer of Fibre Glast Developments Corporation.
    Late payments are subject to a finance charge of 1.5% per month (18% annually). Fibre Glast may suspend or cancel orders for nonpayment.
13. Taxes
    Purchaser is responsible for all applicable sales, use, or other taxes unless a valid exemption certificate is provided at the time of order.
14. Freight and Delivery
    Unless otherwise specified, Purchaser shall pay all freight and delivery costs. Title and risk of loss pass to Purchaser upon delivery to the carrier. Any additional services or customs fees are the responsibility of the Purchaser.
    Handling Only Charges: 
    We will charge $10.00 handling for any orders shipped on the customer's freight account.
    Orders shipping internationally on customers' shipping accounts will incur a $20 handling fee. All international shipping accounts will be verified with the carrier for validity prior to shipment.
15. Export Controls
    Products destined for export must comply with all applicable U.S. export control laws. Purchaser agrees not to re-export or transfer products to any prohibited destination or entity and to obtain all required export licenses.
16. Electronic Transactions
    Fibre Glast may accept orders and communications via electronic methods. Both parties agree such methods are legally binding and shall be treated as if signed in writing. Each party agrees to maintain appropriate security controls for electronic transactions.
17. Purchaser Representations
    Purchaser represents and warrants compliance with all applicable laws, including U.S. export and anti-corruption laws. Purchaser affirms that neither it nor its affiliates appear on any U.S. government restricted party lists.
18. Insurance
    Fibre Glast represents that it maintains, at minimum, appropriate general liability, product liability, and property insurance sufficient to cover potential losses.  Fibre Glast does request a certificate of insurance from its primary vendors.
19. Record Retention
    Fibre Glast retains all purchase records, certificates of conformance and analysis (if applicable), test results, safety data sheets (SDS) and correspondence related to Fibre Glast product use or resale for a minimum of five (5) years or longer if required by law or regulation.
20. Conflict Minerals
    Fibre Glast makes commercially reasonable efforts to ensure that products purchased from our vendors do not contain conflict minerals (tantalum, tin, tungsten, gold) originating from the Democratic Republic of the Congo or adjoining countries, unless certified as conflict-free under recognized standards.
21. Child Labor and Human Rights
    Fibre Glast opposes the use of child labor and forced labor. Vendors and their affiliates shall comply with all applicable laws governing labor, wages, and human rights. Fibre Glast reserves the right to cease business with any party found in violation of these principles.
22. Quality Assurance and Counterfeit Prevention
    Fibre Glast products are subject to internal quality control procedures and testing protocols. We ensure appropriate handling and storage upon receipt. Fibre Glast reserves the right to inspect reported defects.
    Fibre Glast Developments is committed to delivering genuine, high-quality products and actively works to prevent the introduction of counterfeit materials into its supply chain. All products distributed by Fibre Glast are sourced from verified and approved vendors who have met our quality assurance standards.
    Fibre Glast, its vendors and customers must take all reasonable steps to prevent counterfeit or unapproved parts, materials, or substances from entering the supply chain. Counterfeit products are defined as items misrepresented in origin, composition, certification, or performance, including but not limited to:
     • Unauthorized copies or substitutes of branded goods;
     • Items with falsified labeling, documentation, or certifications;
     • Recycled or salvaged materials sold as new.
    Any suspected counterfeit materials identified by the Purchaser must be immediately reported to Fibre Glast. Fibre Glast reserves the right to inspect, quarantine, and test such materials, and may require full traceability documentation from the Customer or Vendor. If any product is confirmed as counterfeit, Fibre Glast may:
     • Reject or recall the affected goods;
     • Terminate the transaction or contract without liability;
     • Require the return or destruction of the goods at the Vendor’s expense;
     • Report the incident to the appropriate regulatory or legal authorities.
    Knowingly supplying counterfeit goods is considered a breach of contract and may result in legal action, including claims for damages. Fibre Glast reserves the right to audit supply chain compliance with counterfeit prevention protocols as needed.
23. Facility Inspection Rights
    To ensure product compliance and ethical sourcing, Fibre Glast customers may request to audit Fibre Glast facilities with at least 30 days’ prior written notice. Such inspections shall be subject to reasonable confidentiality obligations and shall not interfere with normal operations.
24. Intellectual Property Rights
    All intellectual property, trademarks, trade names, product designs, and technical data provided by or to Fibre Glast remain the exclusive property of the owner/party and will be treated confidentially. Neither party shall duplicate, reverse engineer, or otherwise infringe upon the owner’s intellectual property. No license or right is granted except as expressly authorized in writing.
25. Proprietary Information & Confidentiality
    All non-public information disclosed by Fibre Glast its suppliers or customers including pricing, technical specifications, formulations, processes, use/application and marketing strategies, shall be deemed confidential. Related parties agree not to disclose or use this information for any purpose unrelated to the purchase. These obligations survive termination of any commercial relationship.
26. Miscellaneous
    Fibre Glast and Purchaser are independent contractors. No waiver of any term shall be deemed a continuing waiver. These terms constitute the full agreement and override all conflicting terms on purchase orders or communications unless explicitly agreed upon in writing by Fibre Glast. In the event of a translation, the English version shall prevail.

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