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contract, is superseded hereby.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,
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
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.
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.
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.
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
All standard product items are available for full refund, less shipping costs, unless specially
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.
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
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.