Terms & ConditionsTERMS AND CONDITIONS OF SALE
TERMS: All U.S. sales are Net 30 days. Subject to late payment charge of one and one-half percent (1 ½%) per month.
MINIMUM CHARGE: No minimum order limitations.
SPECIAL ORDERS: We sell many items customized to specification (ie leather helmet shields) that are not carried in stock. After an order in this category has been accepted and placed in process of manufacture, no cancellations will be accepted.
RETURNING/EXCHANGING GOODS: All returns must be made within 30 days of delivery date. Material returned without prior Returned Material Authorization may be refused. If your product is not found in its original condition, the item will be refused. Please contact Newton’s Fire & Safety Customer Service Department for the proper procedure. Non-Returnable Products: Custom products (including leather helmet shields, badges, and embroidered items) are not returnable. Only product defects of customization mistakes are returnable.
If you return a product for a size or style exchange, we recommend that you use a trackable shipping method and insure products you plan to return, as we are not responsible for lost or damaged items during the return shipment.
Customer is responsible for all return and exchange shipping fees.
RESTOCKING FEE: Material returned in its original condition will not incur a restocking charge. Customer is responsible for all return shipping fees.
PRODUCT REPAIRS: Products returned for repair do not require prior authorization. Products for repair should be shipped to: Newton’s Fire & Safety Equipment, Inc., Attention Repairs, 2724 Darrell Newton Drive, Swepsonville, NC 27359. If you have any questions about product repairs, call our office at: 800.672.5918.
SHIPPING/FREIGHT CHARGES: All Purchases are F.O.B. Origin regardless of discount structure. Freight Free (F.O.B. Destination) shipments can be obtained with a minimum volume/quantity order for a single shipments to one location.
DISCREPANCIES: Any shortage or error in shipment should be reported to us within 10 days of receipt of goods. LOST GOODS IN TRANSIT: Any claims for loss of truck shipments shall be the responsibility of the buyer and should be promptly reported to carrier. Any claims for loss of small package shipments should be promptly reported to Newton’s Fire & Safety. These claims are subject to limitations of the carrier.
DAMAGED GOODS: Damaged product must be promptly reported to the carrier and Newton’s Fire & Safety. Failure to notify both parties shall place the burden of settlement and negotiation on the buyer. Damaged product returned to Newton’s Fire & Safety should be sent by the same carrier that delivered the goods.
TAXES: All prices and quotations exclude applicable Local, State, and Federal sales and excise taxes. ALL ORDERS or parts thereof and all directions for shipment are subject to acceptance by Newton’s Fire & Safety. ALL PRICES ARE FIRM PROVIDED IMMEDIATE DELIVERY IS ACCEPTABLE. ALL PRICES, TERMS, AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
WARRANTY AND DISCLAIMER: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. NEWTON’S FIRE & SAFETY MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS."
RECOMMENDATIONS BY SELLER: If technical assistance or advice are offered or given to the Customer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.