Signet Fence Company
General Terms and Conditions of Sale

The following terms and conditions represent the complete and exclusive agreement between Signet Fence ("Signet Fence") and its customer ("Buyer") for the purchase of products, materials and/or goods ("goods"). Any purchase order issued by Buyer, heretofore, hereafter, or contemporaneous herewith, which is inconsistent with the provisions of this contract, is superseded hereby. Buyer hereby acknowledges that the terms and conditions herein contained are the sole terms and conditions under which Buyer offers to purchase the goods described from Signet Fence, and, if accepted by Signet Fence, the terms and conditions herein shall constitute the entire and sole agreement between Buyer and Signet Fence. We reserve the right to modify these Terms of Sale without prior notice to you. Therefore, we recommend you review the Terms of Use carefully each time you make a purchase.

1. Pricing. Unless otherwise specifically stated, all prices will be invoiced, F.O.B. origin, and do not include freight charges, federal, state or local sales, use or excise taxes, if any, which will be added to the invoice where applicable.

2. Shipment. PLEASE NOTE: This shipping policy applies to the Lower 48 States only. If international shipping or shipping to Hawaii, Alaska or Puerto Rico is required, please call us at 1.877.403.3623.

Signet Fence reserves the right, under certain circumstances, to raise our shipping and handling fee for an order. Under those circumstances, we will contact you before charging your credit card to obtain your written authorization. You will not be charged for, nor receive, any part of your order until we obtain such authorization. In the event that you do not agree to the additional charges within 30 days of the original order, the order will be considered void and any amounts authorized on your credit card will be released.

The method of shipment will be selected by Signet Fence. Typically, smaller items will ship via a common carrier, such as, UPS, U.S. Mail, Fed Ex, Airborne Express or similar. Packages that are too large for these carriers, must be shipped by other common carrier trucking companies.

Customer’s Responsibility.

Available for Inspection - It is the customer's responsibility to be available at time of delivery to check the quantities of packages and for any damage. Any storage fees or redelivery fees charged by the trucking company due to customer not being available at time of delivery will be the customer’s responsibility.

Make Claims to the Carrier Directly - Shortages and damage to the packages must be reported immediately to the carrier on the bill of lading, in writing, when you are asked to sign for the delivery and before the truck leaves. The delivery carrier will want to inspect packages, goods and all shipping containers before a claim can be made. To make a claim to the carrier, you will typically need the following, 1) Original bill of lading, 2) Copy of paid freight bill, 3) Original invoice, 4) Repair or replacement invoice, 5) Inspection report, and 6) Packing list. It is helpful to take pictures of any of the damage. Do not instruct the carrier to return shipments when they arrive or you will be subject to a 15% restocking fee plus actual freight charges.

Inform Signet Fence of Any Damage or Shortage

• Damage or Shortage Due to Shipment by Carrier - Inform Signet Fence immediately of any shipment damage or shortage, as Signet Fence will assist you in anyway possible to collect loss or damage claims from the carrier. We are not responsible, however, for filing claims, cost of replacement materials or the freight charges for shipping of replacement parts or materials.
• Manufacturer Defect - If the damage to the product was not a result of shipping, but due to manufacturing defect (ie: missing picket in panel), please follow Signet Fence’s Return Policy.
• Timing - If we do not receive written notice from you of any damage or manufacturing defect within 10 days, we will assume the delivery was made in good condition. Any claim for a manufacturing defect after 10 days of receipt, will be governed by the manufacturer’s specific warranties and should be made directly to the manufacturer.

Delivery Times

Any delivery dates specified are based on Signet Fence's best estimate of when delivery to the Buyer can be made under the circumstances that exist on the date hereof; and Buyer agrees to excuse delays in delivery due to circumstances beyond the reasonable control of Signet Fence. Signet Fence reserves the right to make partial shipments.

Insurance/Risk of Loss

For all shipments, insurance will be obtained only at Buyer's written direction and expense. Signet Fence will not be responsible for risk of loss or damage to the goods after delivery to its carrier. Title to the goods will pass to Buyer upon delivery to the carrier.

Questions

If you have any questions regarding this policy or your particular shipping circumstances, please feel free to call us at 1.877.403.3623.

3. Delays. Signet Fence will not be liable for any loss or damage resulting directly or indirectly from fire, flood accident, civil unrest, act of God, war, governmental interference or embargo, labor strike, shortage of materials, or any other cause beyond its control.

4. Inspection of Goods; Acceptance. Buyer's receipt and possession of the goods and or use of the goods constitutes its acknowledgment that it has accepted the goods. Buyer has an obligation to ascertain the correctness of the goods at the time of receipt. Claims for damage or shortage shall be deemed waived unless received in writing by Signet Fence within ten (10) days after delivery.

5. Returned Goods Policy and Procedure. In the event that the Buyer desires to return a purchased product, the following outlines Signet Fence’s procedure regarding returns. Within 10 days of delivery, Within 10 days of delivery, Buyer must fill out a Returned Goods Request Form. Signet Fence will review the request and will either authorize or deny the return. Returns that are authorized will be issued a Returned Goods Authorization Number. Authorized returns should be shipped (freight prepaid) to the address listed on the approved Returned Goods Form. Upon receipt and inspection, Signet Fence will issue the appropriate credit to the customer. All returns are subject to the following terms and conditions:

• All standard product items are available for full refund, less shipping costs, unless specially fabricated.
• Any product that is considered special fabrication is not returnable and therefore not refundable, unless the product is damaged or not built as ordered. This includes, but is not limited to, special colors, sizes, and customized work of any kind.
• Signet Fence reserves the right to inspect all returned merchandise and issue final determination as to its condition.
• Credit will be issued based on the combination of 1) the product invoice price (less a 25% restocking charge) and 2) applicable sales tax, if any. Freight costs will only be credited to the customer if Signet Fence determines that the return is based on an error by Signet Fence.
• Merchandise must be returned to Signet Fence within 30 days from the date of issue of the Returned Goods Authorization Number.
• All returns must have the Returned Goods Authorization number prominently displayed on the package.

6. Warranty.

• Signet Fence is a distributor and not a manufacturer. Buyer is required to determine directly from the manufacturer's tests, or from its own tests, the suitability of these materials for their application and shall be guided by the results of such tests. ALL APPLICABLE WARRANTIES ARE PROVIDED BY THE MANUFACTURER AND A COPY OF THE MANUFACTURER'S WARRANTY WILL BE PROVIDED BY SIGNET FENCE UPON WRITTEN REQUEST. IT IS THE BUYER'S SOLE RESPONSIBILITY TO DETERMINE SUFFICIENCY OF THE APPLICABLE MANUFACTURER'S PRODUCT WARRANTY.
• THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SIGNET FENCE. SIGNET FENCE MAKES NO WARRANTIES, COVENANTS, OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, BEYOND THOSE EXPRESSLY SET FORTH HEREIN. THERE IS NO WARRANTY OF MERCHANTABILITY AND THERE ARE NO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE. NO REPRESENTATIONS OF FITNESS FOR ANY PARTICULAR PURPOSE SHALL BE IMPLIED FROM SPECIFICATIONS, IF ANY, SET FORTH HEREIN, OR BY THE NATURE OF THE GOODS.
• In any event any potential liability of Signet Fence shall be limited to an obligation to replace or repair such goods or to provide a credit adjustment, as Signet Fence may in its sole discretion deem appropriate. IN NO EVENT SHALL SELLER SHALL BE LIABLE TO BUYER FOR ANY LOST PROFITS OR OTHER ECONOMIC LOSS OF BUYER, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGE ARISING OUT OF ANY BREACH OF THIS AGREEMENT BY SELLER OR ANY OBLIGATION OF SELLER PURSUANT TO THIS AGREEMENT OR THE FAILURE OF THE GOODS TO PERFORM IN ANY PARTICULAR MANNER.
  EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO LIMIT IMPLIED WARRANTIES OR EXCLUDE LIABILITY FOR “INCIDENTIAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.

7. Governing Law; Partial Invalidity. Any and all agreements and/or contracts entered into between Buyer and Seller pursuant hereto, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and any action or proceeding to enforce any agreement and/or contract or to recover damages hereunder, shall be instituted in the Commonwealth of Pennsylvania in Mercer County or if jurisdiction exists in federal court, in the Western District of Pennsylvania. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

8. Local Zoning Policy. Signet Fence aims to educate the consumer regarding standard practices in the fence, deck and railing industry. Specific circumstances will vary, however, and it is the Buyer’s responsibility to ensure that their project complies with all applicable state, city, and/or local zoning ordinances and to obtain any necessary permits.