SURLINX TERMS AND CONDITIONS
Surlinx seeks to continually improve and refine its products and offerings and reserves the right to make changes in materials, specifications, design and pricing without prior notice. Surlinx has no obligation to add or incorporate any changes in products previously manufactured. Orders are accepted subject to product availability and at Surlinx's prices in effect at the date or dates of individual orders.
Surlinx will establish credit limits based upon customer credit worthiness. After notification of good standing, terms are net 30 days. A 1% discount is offered for payment within 10 days. Certain accounts and/or custom orders may require a deposit prior to manufacturing. Unpaid balances that are past invoice due date are subject to a 1-1/2% monthly interest rate (18% per year). The account goes on credit hold at 10 days. Failure of Customer to pay any invoice for products shipped shall constitute a breach of contract permitting Surlinx to suspend further deliveries or production until such breach is cured or to cancel any further outstanding orders. Balances that are 10 days past due will result in orders being held from shipment or manufacturing based on evaluations and subsequent action by Surlinx's credit department. Any outstanding balances and interest charges will be the sole liability of the customer. Checks will be accepted from credit approved customers. Any returned checks will incur a charge of $24.00 in addition to any charges incurred by Surlinx's financial institution. Customer will be responsible for all cost of collection including, but not limited to court costs and reasonable attorney fees.
Possession of a Surlinx price list does not constitute authority to sell or purchase products contained herein. All orders are taken subject to approval by Surlinx. Only authorized dealer orders will be acknowledged.
Should Customer's purchase order, release, or other document requesting product contain additions or modifications to Surlinx terms, covenants and conditions, whether communicated orally, in writing, or electronically, then to the extent such terms purport to vary, change or contradict any of the terms of Surlinx terms, they shall be void and without legal effect unless such additions or modifications are accepted by Surlinx in writing. Any Customer order is expressly conditioned upon Customer's agreement that Surlinx's standard terms, covenants, and conditions hereof along with the order as confirmed by Surlinx constitute a complete statement of the contract between the parties and can be modified only in writing signed by both parties.
Please see general Surlinx limited 5 year warranty and the specific product warranty.
Note that Surlinx warranties are not applicable outside of the U.S. or Canada.
Customer acknowledges receipt of (1) technical documentation, storage, handling, installation instructions, safety and/or other important information regarding the use of and for the specific Surlinx product purchased by Customer or (2) evaluation samples of the product; and unless Surlinx is notified immediately in writing by Customer to the contrary, Customer will be deemed to have read and understood the contents of same, or if evaluation samples were delivered then Customer will be deemed to have tested such samples and be deemed to have understood all performance properties and safety
precautions related to the product in Customer's application.
All recommendation, statements, and technical data regarding Surlinx's products are based on tests which Surlinx believes to be reliable and correct but accuracy and completeness of such tests and the results thereof are not guaranteed and are not to be construed as a warranty, either express or implied. It is expressly understood by Customer that all such recommendations, statements, and technical data are provided without charge to Customer and are given by Surlinx and accepted by Customer on the basis that Customer shall perform its own evaluation and testing to determine suitability and applicability of such products. Surlinx assumes no obligation or liability for the advice given or the results obtained, all such advice being given and accepted at Customer's sole risk.
Some states do not allow the exclusion or limitation of incidental or consequential damages and/or the limitation on how long an implied warranty lasts, so the above limitations, and/or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
Surlinx shall not be liable for any special, indirect, incidental, or consequential damages. Surlinx's liability and Customer's exclusive remedy for any cause of action arising out of this Agreement, and the products or services provided under it, whether in contract in tort, under warranty or otherwise is expressly limited to, at Customer's option, replacement of the non conforming products at the FOB point stated herein or payment not to exceed the purchase price of the products in respect of which such damages are claimed.
To initiate a claim under warranty, contact the distributor from whom you purchased the Surlinx product. If no reasonable action has been taken within a reasonable time, write to: Surlinx Warranty Claims, 151 Lugnut Lane, Mooresville, NC 28117. Please (a) identify the product that is involved, the date and place of purchase, and the original purchase price if known;(b) describe completely what the claim defect is (photographs or sketches are helpful); (c) identify yourself and those persons who have already been contacted and state what attempts have been made to correct the problem; (d) give the address where the defective product can be inspected, and; (e) give a phone number where you can be reached.
Surlinx will investigate your claim and within sixty (60) days of notification will take appropriate action. Surlinx may charge an inspection fee for any onsite inspection that is required or requested. If it is determined that the product has a defect covered by warranty, the inspection fee will not be charged or refunded if paid in advance.
Various materials will image differently and produce different color patterns than other substrates. The Surlinx process does not image over but into these substrates and therefore the natural coloring of the material used will have an affect on the final color of the image. Although we take great pride in the ability of our experts and state of the art equipment, color matching onto various substrates is not an exact science- please allow for some color variance. If color matching is of paramount importance then please allow us to produce a sample for approval prior to job production.
Variation, color, and natural characteristics present in wood may be different from what you see in a color match sample and/or representative sample. Select solid hardwood and hardwood veneers, being natural products, may vary in color and characteristics. Mineral streaks are often present in the finest hardwoods where wood has absorbed minerals from the soil during years of growth. Grain patterns and texture will vary in imaged wood as this relates to the tree's growth rings.
Hallmark Surface Technologies Inc. can not guarantee or be responsible for the color and graining variations that may occur in the natural beauty of wood, or that wood will match between various imaged products, or in the same piece. These variations must be accepted as the character of the wood and not as defects.
Although Hallmark Surface Technologies utilizes the finest materials along with our state of the art technology color changes in products due to ozone, degassing, and aging of the material will occur nevertheless in some products.
Surlinx requires that all orders be submitted on standard company order forms. If required- please refer to artwork specification requirements. Telephone orders will not be accepted.
When Customer provides Surlinx with art Surlinx will assume that said submitted artwork is in full compliance with the laws governing copyright, trademark, service mark, right of privacy, patent or similar protection. The customer agrees to defend, indemnify, and hold Surlinx harmless from any liability or claims for damages including all costs, and/ or expenses of same, including reasonable attorney's fees and court costs arising under these laws as a consequence of our use of customer's artwork. Customer assumes the responsibility for uses of any design, trademark, trade name, or part therof, appearing on the products at Customer's request.
In order to serve you and your customer need by maintaining good lead times, the following policy pertains to all order changes and cancellations.
Once complete information is received, Surlinx will fax or mail an order confirmation to you within 2 working days of receiving your order. Custom orders may require additional time for confirmation. Please note that the confirmation is to check for errors on the order. It is not intended to allow time for significant changes on the order. Major changes will be treated as a new order.
Confirmation will include final pricing and tentative shipping date. If we do not here from you within 24 hours of fax confirmation we will assume that the order is complete and acceptable. Changes made after this period will be at customer's expense- charges will include costs incurred to date.
Every order is confirmed. Orders will be manufactured and invoiced based upon the information on the confirmation. If there is any discrepancy, please notify Surlinx immediately. All confirmations include an estimated shipping week. This is the week that the order will go through final production and packaging for shipment. An order may actually ship earlier than the estimated shipping date, depending on the production backlog at the time. If for some reason the merchandise is not required before a specific date, please state clearly on the order.
When reordering, please state original purchase order number and Surlinx reference number. Art will remain on file for 12 months. Reorders after 12 months are subject to new art requirements and setup
All prices are list price, FOB Surlinx, Mooresville or Fayetteville (as determined by Surlinx), North Carolina. Shipping will be arranged via a dedicated carrier prepaid or collect, or thru arrangements with Surlinx's shipping department. Your freight rate is dependent on your location; your district sales manager or the factory can assist you with your current freight pricing.
All shipments are tailgate delivery only (unless specified otherwise). Please arrange for the appropriate personnel or equipment to unload. Please note any damage or missing
pieces before signing for the shipment.
Your confirmation will state a TENTATIVE SHIPPING WEEK. This week is the estimated time of final production and shipping from Surlinx. The majority of orders ship on the shipping week as scheduled, however, it is possible that on order may not be shipped as per the shipping week on the confirmation. Orders will be processed with every effort to meet the required shipping date, but Surlinx is not obligated to ship by any specified date. Specified shipping dates are our best estimates but are not guarantees. Please allow for shipping time to your location. Any orders that are late will be given priority scheduling on the following week. Surlinx will not be responsible or liable for any damage due to delay, late charges, fees, fines, or other costs incurred by customer for late shipments.
Neither Surlinx nor Customer will be liable for default or delay, in whole or in part, in the performance of any of its obligations under any Agreement due to any cause beyond its control, including, but not limited to, acts of God, accident, fire, flood, storm, earthquake, riot, war, sabotage, explosion, strike, labor disturbances, national defense requirements, Governmental law, regulation, rule or ordinance, whether valid or invalid, inability to obtain energy, raw materials, labor or transportation under reasonable terms and conditions, or any similar or different contingency which make performance commercially impracticable. Quantities so affected may be eliminated from said order without liability but the remaining order shall otherwise remain unaffected. Surlinx may during any period of shortage due to any of the foregoing causes, allocate its supply of products in any manner which Surlinx, in its sole discretion, deems appropriate among itself and its customers.
Title to merchandise shall pass to the buyer upon delivery by Surlinx to the carrier. For the purpose of risk or loss, all shipments are FOB factory. Buyer acknowledges that once Surlinx delivers the goods to the carrier, title to the goods and risk of loss will pass to the buyer. If the goods are damaged by the carrier while in transit, the buyer has the sole obligation of seeking any appropriate recourse against the carrier.
Any defective material will be replaced on a priority basis. All items to be returned to the factory must receive prior approval and are subject to inspection by a Surlinx Sales Representative prior to return. Once approval for return is given, a Returned Goods Authorization (RGA) form will be initiated from the Sales Department and arrangements will be made for pick up. All items to be returned must be packed in the original packing or similar secure packing. Once the item is returned it will be inspected, and any appropriate credits will be issued. NO CREDIT will be issued on unauthorized returns. Custom orders or Specials cannot be returned. Surlinx reserves the right to charge for any replacement and then issue credit once the defective item has been returned and inspected.
All products are packaged to comply with carrier requirements. A signed delivery receipt will indicate a complete shipment. Any shortages must be noted on delivery receipt. All shipments should be inspected by the consignee before acceptance and the delivering carrier should be requested to record any damage or shortage. If further damage is found after delivery, immediate inspection by the delivering carrier should be requested. Notification of concealed damages must be made to the delivering carrier within 15 days of delivery. Carrier liability will cease after 15 days.
Shortage claims reported after 48 hours from shipment delivery date will not be honored.
All inquiries and correspondence regarding Surlinx should be directed to: