TERMS OF BUSINESS | MANUFACTURER WARRANTIES

Form and Fiber Inc.

ORDERING

All products manufactured by Form and Fiber, Inc., also referred to herein as F&F, are only available directly from Form and Fiber, Inc.  Sales representative contacts for pricing and product inquiries are:

TEXAS                                     CALIFORNIA                         

Form and Fiber, Inc.                   Chaparral Incorporated

888-314-8852                           818-761-0655

sales@formandfiber.com            sales@chaparral-inc.com

ALL OTHER STATES

Form and Fiber, Inc.

888-314-8852

sales@formandfiber.com

PRICES

All pricing is quoted in U.S. Dollars, all products are FOB Mabank TX. Unit prices do not include crating, freight, delivery, or taxes. Applicable taxes will be included in the final order amount, plus packaging and freight delivery costs. Prices are subject to change without notice.

A minimum deposit of 50% is required to initiate the production of an order. DEPOSITS ARE NON-REFUNDABLE and receipt of deposit indicates acceptance of the Form and Fiber, Inc. Business Terms and Conditions. The remaining balance is due prior to shipment of product. Product will not ship from Manufacturer until final payment has been received. Any delay of payment by Purchaser may require storage fees as defined herein.

ORDER ACCEPTANCE

Orders are subject to acceptance by Form and Fiber, Inc. under the Terms and Conditions herein, in addition to the published price list and acknowledgements. These terms and conditions will prevail when in conflict with the terms and conditions of the Purchaser’s purchase order contract.

SPECIFIC PAYMENT TERMS

[AT TIME OF ORDER]

A minimum 50% deposit is required to initiate the production of an order. Once an order is in process, DEPOSITS ARE NON-REFUNDABLE and receipt of deposit indicates acceptance of Form and Fiber, Inc.'s Business Terms and Conditions. For projects exceeding $110,000.00, a payment schedule of 50%-30%-20% will be applied with requirement for receipt of final 20% payment, prior to shipment.

[SHOP DRAWINGS]

If required, shop drawings WILL NOT BE RELEASED PRIOR TO PAYMENT OF DEPOSIT.

[PRIOR TO SHIPMENT OF PRODUCT]

Remaining balance due to be paid and received prior to shipment of product.

[PAYMENT FORMS ACCEPTED]

Company checks, electronic ACH payments, and all major credit cards are accepted. If paying via credit card, a convenience fee of 3.5% of the Total Cost listed herein will be applied and charged at the time of transaction for all credit card payments.

SHOP DRAWINGS

Shop drawings will not be released to Purchaser without receipt of 50% deposit payment, a signed and executed purchase order, and a signed F&F quote. This restriction applies to all products deemed “custom” in their nature whereas standard tech sheets provided on-line via F&F’s website, will not be sufficient. This applies directly to all boardform, concrete box, metal boxes, planter frames, benches, custom, and misc. made to order products.

CHANGES

Purchaser may request additions to the Sales Order. In the event such additions are accepted by Form and Fiber, Inc., Form and Fiber, Inc. shall have the absolute right to revise the prices, dates of delivery, and to add charges for work and materials rendered necessary by such additions.

COST QUOTES

Quotations will be honored only when quoted by Form and Fiber, Inc. in writing. No agent or representative is authorized to change prices, terms or conditions of sale without the consent of Form and Fiber, Inc. All quotations are good for the time period specified on the quote. Once a quote is expired, the quote must be repriced prior to order placement, unless extended in writing by Form and Fiber, Inc.

PRICING NOTICE

Form and Fiber, Inc. (Manufacturer) is not responsible for verifying quantities, including LF take-offs, against issued construction documents and specifications. Bidding Contractors and Purchasers using this quoted pricing are responsible for reviewing the quote provided herein to ensure it has been quoted correctly as well as verification of quoted units and dimensions priced.

This pricing notice is applicable to all product fabrication including all concrete products and metal products including edging, frame, fused boxes, individual planter systems, and all other custom/customized products fabricated to designer specification.

The following applies to the quoted pricing herein:

- All Form and Fiber Manufacturer quotes have an expiration date listed after which a quote revision will be required to update any changes in product, packaging, or freight price changes. If no price changes have occurred, the Manufacturer will revise the quote to update the expiration of pricing. Bidding Contractor and/or Purchaser should never assume Manufacturer will "hold" pricing beyond quoted expiration date.

- Shop drawings included.

- All pricing for metal and custom products is subject to change based on time & escalation (pricing may endure multiple revisions over a period of 3 months to 24 months of time) as well as changes in US Aluminum and Steel prices, including imposing tariffs that may affect pricing.

- Pricing herein does not include full-size product mock-ups.

- Manufacturer reserves the right to revise final pricing upon receipt of approved shop drawings.

RESPONSIBILITY OF THE PURCHASER

The Manufacturer will not be held liable for accuracy of information provided by Bidding Contractor and/or Purchaser upon which pricing was based. Should an error be discovered in the quantities, sizes, take-offs, material, and finishes quoted herein, the Purchaser and/or Bidding Contractor is responsible for confirmation of quoted product and the Manufacturer reserves the right to revise pricing based on corrected or finalized product quantities, sizes, take-offs, material, and finishes.

CUSTOM ORDERS

Form and Fiber, Inc. offers customization for many of our products. Customization for the Essentials and Cypress Series Concrete Planters is only available for quantity orders of twenty (20) or more units. Standard lead times for production do not apply for custom work and a mold up-charge may be applied to custom orders. Visit www.formandfiber.com to submit a formal inquiry for your custom project.

PRODUCTION LEAD TIME

As each order is produced, production time fluctuates with order volume. Orders will quote up to date production lead time at the time the order is placed, with shipping time accounted for within the coastal US. Products to be exported outside of the US are subject to longer shipping times.

RUSH ORDERS

If an order is placed by a Purchaser, the production timeframe specified on the final quote stands as the time it will take for production of goods for that order. Should the Purchaser request expedited production due to aggressive deadlines or lack of planning, including Purchaser’s own delay in placement of order, a RUSH FEE of 20%-35% upcharge, per unit, will be applied to the order to expedite. A “RUSH” as defined by Form and Fiber, Inc., is the completion of an order approximately 2 weeks earlier than the specified timeframe for production as listed on the final quote. The final RUSH date for completion within the approximately 2 week early delivery will be determined by Form and Fiber, Inc. and not by the Purchaser. Concrete cannot be “rushed” as it requires substantial cure time prior to transport and warranty.

SCHEDULING SHIPPING

Once final payment has been received, a Form and Fiber, Inc. representative will contact Purchaser to confirm shipping method, shipment date, and coordinate shipping unless Purchaser uses a preferred Freight Forwarder and account. Form and Fiber, Inc. provides this coordination as an accommodation only to the Purchaser. All freight is shipped via 3rd Party Freight Carrier, so once product is loaded, it is the Purchaser's responsibility for any coordination to be made, directly with the 3rd Party Freight Carrier.

Form and Fiber, Inc. will make every effort to accommodate requested shipping and delivery dates. Orders are subject to delay of delivery due to strikes or other labor difficulties, failure or delay of source of supply, transportation difficulties, riot, fire, accident, and compliance with government regulations, Acts of God, or other causes beyond our control.

When a physical delivery address is given to Form and Fiber, by the Purchaser or a Representative of the Purchaser (including on-site Contractors), it is the Purchaser’s responsibility to disclose any provisions or limitations for delivering to that site. All freight deliveries are scheduled through 3rd party Freight Carriers and delivered via 18-wheeler tractor trailer trucks.

If a “residential” or “limited access” delivery is needed, via smaller box truck, Purchaser is responsible for disclosing that request at the time physical address is given for delivery. Furthermore, any costs incurred from having to re-route the delivery truck, including waiting beyond 1 hour for off-loading, will be billed directly back to the Purchaser.

TERMINATION AND/OR CANCELLATION

Orders (or any portions thereof) may be terminated and/or cancelled only prior to the start of fabrication and with the advance written approval of Form and Fiber, Inc.  Any orders cancelled prior to fabrication will be charged for documentation and material restock. Orders already in production will not be refunded as all product is “made to order” by Form and Fiber, Inc.

RIGHT TO WITHDRAW FROM CONTRACT

In the event that Form and Fiber, Inc. is contracted to produce material product for a specified project, Form and Fiber, Inc. retains the right to withdraw from the contract for order or purchase order whereas the scope of the product originally agreed to and priced by Form and Fiber, Inc. changes significantly during contracted timeframe, including during the course of shop drawings. This right does not apply to what Form and Fiber, Inc. would consider minor design and/or repricing changes due to product updates, including resizing to products per shop drawings revisions and during the order process.

Rather, this right applies to instances where:

- Purchaser and/or Project Owner greatly revise product design, creating a product that Form and Fiber, Inc. cannot confidently produce or,

- Modifying a product that requires engineering services and testing that was not part of the original scope of work and therefore exposing Form and Fiber, Inc. to liability not previously discussed, nor agreed to.

In the event of such withdrawal, Form and Fiber, Inc. reserves the right to keep 100% of payment received to date or issue partial credit to the Purchasing Party for future orders.

STORAGE OF DELAYED SHIPMENTS (INTENTIONAL OR UNFORESEEN)

A storage fee will be charged for completed orders when the shipment is delayed at the Purchaser’s request. This also includes intentional delay of final payment by Purchaser to hold off on shipment of product that they are not ready yet to accept. If the Purchaser cannot accept delivery when product is ready for shipment, Form and Fiber, Inc. will bill Purchaser $10.00 per unit stored per day, based on 7-days per week. Should shipment be delayed in excess of 3 or more weeks, Form and Fiber, Inc. reserves the right to transfer goods to storage at Purchaser’s expense.

FAILURE TO PAY PRODUCT ABANDONMENT

If Purchaser fails to provide final payment and/or communication for final payment/shipment of idle product, Manufacturer will deem the sale of goods null and void 3 months after the final invoice date. The 50% deposit paid by Purchaser is non-refundable and Purchaser forfeits all rights to ownership of product and Form and Fiber, Inc. will deem product abandoned. Should the Purchaser produce payment and/or communication for product after 3 month period, Purchaser will be required to place new order for product.

FREIGHT CLAIMS

All sales are made FOB Mabank TX. All Form and Fiber, Inc. products are carefully inspected and securely packaged prior to the shipment. Once a carrier accepts the shipment for transportation, title to the product is passed to the Purchaser and Form and Fiber’s responsibility ceases. Form and Fiber, Inc. will not accept any claims for freight, warehousing or installation damage, including any incidental or consequential damages. Purchaser should carefully inspect all merchandise upon arrival and make claims for damage to the carrier immediately. Photograph any freight damage for your own records.  Failure to make such claims shall constitute acceptance of the merchandise and waiver any defects, errors or shortages.

RETURNS

No returns will be accepted without the written authorization by Form and Fiber, Inc. Unauthorized returns will not be accepted.

PRODUCT WARRANTY

Products are warrantied per Form and Fiber, Inc.’s specific warranty terms. Reference specific F&F documents for terms:

        - FF_Aluminum Warranty.pdf

        - FF_Concrete Warranty.pdf

        - FF_Corten and Steel Warranty.pdf

        - FF_Specialty Finishes Warranty.pdf

        - FF_Wood Applications Warranty.pdf

TRANSPORT AND INSTALLATION

Due to size and weight of planters, great care should be taken in moving, transporting, and installation. Planters should be kept in an upright position and are best transported using wood pallets with pallet trucks or a forklift for greater distances. Extreme care should be taken to protect planter bases, edges and rims from chipping with use of protective cushioning or moving blankets.

REMOVAL OF PACKAGING FOR UNITS NOT IMMEDIATELY INSTALLED

It is the purchaser's responsibility to make sure they or their employed sub-contractors remove all metal strapping, plastic, cardboard, and foam cushioning from packaged/palletized units, if the units will not be immediately installed. Form and Fiber, Inc. does not warrant, nor will replace, manufactured units that have been left idle with metal strapping, plastic wrapping, cardboard, and/or foam protective cushion in-tact and exposed to natural weather conditions such as natural sunlight, rain, wind, and salt exposure. Purchaser's failure to remove this packaging in a timely manner can result in the discoloration, marring, and/or surface damage to units.

CLEANING AND MAINTENANCE

Planters should be cleaned on a biannual or annual basis. Use warm, mild soap and water with soft cloth. Do not use wire brushes or high-pressure washers.

INTELLECTUAL PROPERTY

All Form and Fiber Inc products are copyrighted under law. Form and Fiber Inc reserves all rights.

DESIGN RIGHTS

All products and designs displayed in Form and Fiber, Inc. brochure literature, pricelists, product sheets, shop drawings, and web pages are strictly the property of Form and Fiber, Inc. Rights to manufacture these products reside solely with Form and Fiber, Inc. Any kind of reproduction of this property without written consent will be a violation of these rights and will be pursued with legal action.

DISCLAIMER

The information contained herein is accurate at the time of printing. Please visit the Form and Fiber, Inc. website for the most current information including pricing, changes in policies, and other relevant information.