Terms and Conditions

Prices Prices are NET, ex-factory Fräsch’s warehouse Arlington, Texas and include standard packing. Additional charges will be invoiced for packaging materials necessitated by customers’ shipping requirements. Unless speci- fied in writing by Fräsch, no other charges are included in its prices. Fräsch reserves the right to change prices without notice at any time prior to order confirmation.

Taxes All sales, use, excise and other taxes shall be paid by the purchaser unless appropriate exemption certificates have been submitted to Fräsch.

General Terms Fräsch requires a 50% deposit payment upon the placement of an order. The balance of payment, including invoiced charges not included in our pricing, is due prior to shipment.

Terms for Custom Product Notwithstanding the extension of payment terms to accredited customers, Fräsch requires a 50% deposit payment to initiate an order for any product that it considers, in its sole discretion, to be custom. Custom product shall include, but not be limited to, standard product that requires modification as to content, construction or color and product that is not included in the Fräsch price list at time of order.

Freight Claims Fräsch assumes no risk of loss or damage to merchandise after it leaves its warehouse and therefore is not responsible for damage or loss suffered in transit or in storage. Fräsch believes that its merchandise is carefully inspected and packed according to ICC standards. At time of delivery, the customer (consignee) should examine all cartons carefully and note any visible damage or shortage on the delivery receipt. The customer must claim any damage or loss with the freight carrier within 5 days of delivery and packing materials must be retained until inspected by the freight carrier. The customer is also protected against concealed damages if a freight claim is filed with carrier within 5 days of receipt of goods.

Credit Terms At its discretion, Fräsch may extend credit terms to accredited customers. Credit may be established upon completion and review of a credit application and acceptance of satisfactory trade references. Subject to the following provision regarding custom product, accredited buyers will be extended NET-15 terms commencing upon issuance of our invoice. If timely payment is not made, the customer shall be liable for 1-1/2% monthly interest charges and reasonable collection costs, including attorney fees. Fräsch reserves the right to change credit terms at any time without prior notice.

Orders All products must be ordered by name, including full product description and color/finish. All orders must be in writing and must include shipping instructions and tagging information. Orders mailed directly to Fräsch should be addressed to 609 112th Street, Suite A, Arlington, TX 76011 or via email to orders@frasch.co. Orders are subject to the terms and conditions set forth herein which supersede all previous terms and conditions and any prior and/or contemporaneous agreements or correspondence regarding the sale. Fräsch hereby gives notice of its objection to any different or additional terms and conditions. An order is not binding on Fräsch until the purchaser has received its formal order confirmation and such orders may only be modified upon the issuance by Fräsch of a revised order confirmation. Terms set forth in the order confirmation shall control in the event of a conflict between the terms set forth in the order confirmation and those terms set forth herein. Any sale is expressly conditional upon purchaser’s assent to the terms and conditions set forth herein.

Change Orders or Cancellations Changes or cancellations to confirmed orders will not be accepted without the prior written authorization of Fräsch and if accepted will be subject to handling charges. Under no circumstances will changes or cancellations be accepted if such changes or cancellations are not received in time to be implemented.

Shipments and Freight All shipments within the continental United States will be made via prepaid standard ground transportation (tailgate delivery only) by a freight carrier chosen by Fräsch. Shipments by carriers chosen by the customer will be made on a collect or third party billing basis directly from the customer’s freight carrier. Additional shipping and packing charges may be added for shipments made outside the continental United States. Additional shipping charges may also be added for air shipments or any other expedited ground service, or shipments that require special circumstances of delivery (e.g., inside delivery). Fräsch reserves the right to make partial shipments.

Defects All products should be inspected upon receipt. Any claims against Fräsch for defects, shortage or error must be made by the customer, in writing, within 10 days of delivery of the product, provided that the customer or others have not cut or otherwise modified the product. Like most non-woven products, panel and screen products may slightly vary in thickness as a result of fiber blending, compression and lamination. All original packing material should be kept until inspection is complete. Failure to make such claim within the 10-day period or modification of the product shall constitute full acceptance of the merchandise by the customer and waiver of all defects, shortages, and errors ascertainable under inspection.

Returns No merchandise may be returned without Fräsch’s prior written return authorization. Unauthorized returns will not be accepted and will be returned freight-collect to the customer. To the extent authorized by Fräsch, returns of non-defective product will be subject to a minimum 25% restocking charge. Notwithstanding Fräsch’s prior return authorization, if the returned goods are not received in their original condition, the return will become void and the merchandise will be returned to the customer at the customer’s expense. The customer shall bear all responsibility for freight and/or concealed damage in respect of the return of goods. Return requests for custom product will not be considered by Fräsch.

Delivery Fräsch is not liable for delay or failure to deliver or perform due to strikes, differences with workers, war, riot, fire, compliance with government regulations, acts of God, failure or delay of sources of supply or any other causes beyond its control.

Storage Fräsch reserves the right to transfer product to storage, at customer expense, if the customer cannot accept delivery by the shipping date specified on the order confirmation and may deem such transfer as delivery for all purposes including invoicing and payment.

Warranty Fräsch warrants to the original purchaser that all products under normal use shall meet their respective specifications (published sound absorption coefficients have been generated under controlled laboratory conditions and may not be replicated in other situations) as set forth in the current Fräsch price book for a period of two (2) year from the date of delivery. If a product fails to conform to this limited warranty during the first two years after date of shipment, upon prompt written notice, Fräsch will, at its option, repair, replace, or refund the purchase price of, the affected product. This warranty does not apply to other third party acts or omissions, user modifications or installation, or unusual atmospheric or environmental conditions. ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.

QUALIFICATIONS • This warranty is applicable to product dispatched from the manufacturer from onwards. • This warranty applies to the original owner / purchaser of the product only. • All claims under this warranty must be communicated to a local authorized service agent or distributor of Fräsch. • Fräsch reserves the right to determine the cause of a claim and correct action required to address any claims under this warranty. • Unauthorized servicing immediately renders any warranty null and void. Financial reimbursement will not be paid for any work carried out by an unauthorized third party. • The express warranties contained herein are in lieu of all other warranties, express or implied.

INCLUSIONS: • All parts and labor required to return the product back to full use. • Pick-up and re-delivery of any product that cannot be serviced on site. • Normal use of product in a general office / administration environment.

EXCLUSIONS • Normal wear and tear (scratches, etc.) and/or user abuse. • Third party fabrics, foams and laminated board (HPL & LPL), or other third party supplied product: all will be covered by their own proprietary warranty. • Any damage arising from water, heat and/or direct sunlight: these sources can have a damaging effect on most surfaces

Samples Product samples may be requested by on www.frasch.co or by email to samples@frasch.co or directly through your local sales representative. Fräsch samples should never be considered as a control sample when placing an order. Fräsch is not responsible for color shade variations between samples and product shipped and does not guarantee, warrant or represent an exact match to any sampling material.

Designs All products shown in Fräsch’s literature and web site are, and remain, the property of Fräsch and it reserves the exclusive right to distribute and/or manufacture the models shown. Fräsch reserves the right to make changes in price, design, construction or coloration without prior notice.

Compliance with Law PURCHASER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, ORDINANCES, REGULATIONS, RULES AND STANDARDS RELATING TO THE INSTALLATION, MAINTENANCE, USE AND OPERATION OF FRÄSCH PRODUCT.

Limitation of Liability Fräsch shall not be liable to purchaser for any special, indirect, incidental or consequential damages arising from a breach of the terms and conditions set forth herein. Purchaser’s remedies are exclusive and the liability of Fräsch with respect to the breach of the terms and conditions set forth herein or any contract entered into between the parties pursuant hereto shall not exceed the price of the product on which such liability is based.