All Pro Industries, Inc. Privacy Policy

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1. The Seller warrants to the Buyer that any first quality goods sold hereunder will be merchantable and that any first quality goods described on the face hereof will conform to the specifications for those goods as set forth in the PRODUCT SPECIFICATION SHEETS of All Pro Industries , Inc. on file at the corporate office of the Seller and available to the Buyer upon request. Any specifications set forth therein shall be subject to change as to future orders. Request for specification sheet should be made by the Buyer for each order made, SELLER SPECIFICALLY EXCLUDES ANY WARRANTY OF FITNESS FOR THE PURPOSE FOR WHICH THE GOODS WERE INTENDED.

2. Seller warrants that all goods supplied hereunder destined for use in the United States of America conform to the specifications of the Flammable Fabrics Act and Textile Fabrics Identification Act on file with the Federal Trade Commission. These goods will be produced under the terms and conditions which satisfy the requirements of the Fair Labor Standards Act of 1938, as amended. Seller warrants that all goods supplied hereunder destined for use in the Dominion of Canada conform to specifications of Section Eight of the Hazardous Products Act. The above warranties are not applicable for goods destined for use in any other country and Seller specifically notifies the Buyer that separate warranties may need to be obtained from the Seller as to conform of the goods ordered to any applicant foreign law.

3. All goods sold hereunder are sold F.O.B the place indicated on the face hereof. In the event the Buyer submits special shipping instructions all goods will be shipped prepaid unless otherwise indicated on the face hereof. If so otherwise indicated all shipping and transportation charges incurred will be for the Buyer’s account. Buyer will reimburse Seller for all such expenses incurred by the Seller. Seller shall incur no liability for goods damaged or destroyed during shipment. Seller’s responsibility for goods ceases at the F.O.B point.

4. If the face of this document indicates that the goods described thereon are seconds, then Seller specifically excludes any warranty of merchantability, or fitness for the purpose of which the goods are intended, or implied warranties arising for course of dealing or usage or trade SAID GOODS BEING SOLD “ AS IS “

5. All claims for damage deficiency must be made with ten (10) days after the receipt of goods supplied hereunder accompanied by the sales receipt bill of lading, and roll number of the rolls involved. THE SELLER IS NOT RESPONSIBLE FOR IMPROPER INSTALLATION OF THE GOODS SOLD HEREUNDER. Seller shall not be liable for any incidental or consequential damages of any breach of warranty non-conformity. The seller’s liability and the buyer’s remedies are exclusively limited to the replacement of the defective goods with conforming goods at the F.O.B point shown on the face hereof, or the repayment of the purchased price from seller of the product only . The determination as to the option is to be made unilaterally, by the Seller. Replacement of the defective goods or the repayment of the purchase price therefore will be made at the cost of the Seller, but only after inspection by the Seller and receipt by the Buyer of definite shipping instructions, from the Seller. Buyer responsible for any return freight charges. Buyer pays restocking charge of 25% of purchase price of product on any return orders.

6. All Claims for latent defects must be made within ten(10) days after receipt of product. All claims for latent defects must be accompanied by the sales receipt, bill of lading, and roll number of the rolls involved. Backing cracking is a normal function if product is moved once installed and is not a defect. The extent of Seller’s liability for latent defects and limitation of any remedies there from are as those set out in the preceding paragraph. A condition precedent to Seller’s possible participation in any claim is consultation with Seller prior to any action being taken by the Buyer relative to a claim. Warranty protection will be VOID if your signed warranty card is not on file at All Pro Industries Inc. within 30 days after receiving your product. No warrantee protection is provided for commercial or business installations.

7. No terms, pricing, or conditions other than those stated in this document, and no agreement or understanding in any way modifying the terms and conditions herein stated shall be binding on the Seller, except if such modifications are made in writing on Seller’s stationery and signed by an officer of seller. No modification or waiver of the terms and conditions contained herein shall be deemed affected by the Buyer’s documents containing other or different terms. Acceptance by the Buyer of this Order is expressly limited to the terms and conditions contained herein. In the event this Order shall be deemed an acceptance of the buyer’s offer, then this Order is expressly conditioned on the Buyer’s assent to the terms and conditions contained.

The contract resulting from the acceptance of the Order is to be construed according to the laws of the State of Georgia. In any action relating to the enforcement of this Agreement, jurisdiction and venue shall be proper only in Catoosa County, State of Georgia In the event that action is initiated or brought to enforce any or all of the provisions of this Agreement, the Seller shall be entitled to such attorney fees, costs, and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision by an arbitrator or court, the prevailing party shall be entitled to such attorney fees, costs, and disbursements as are deemed reasonable by the appellate court(s).. Buyer will hold All Pro Industries Inc. harmless for any action of any independent- representative. No warranty coverage is provided for the first installation project of an independent representative. Any person or company can use any of our copy written or trade marked material to promote our products only. Using our material(s) to promote a product other than ours is copyright or trademark infringement. No provision hereof and no breach of any provision shall be deemed a waiver by reason of any previous waiver of any such provision or breach thereof.