TERMS AND CONDITIONS
for VOMO and other products, distributed by Fair Consulting International, LLC/VOMO USA(FCI)
All our deliveries, services and offers are made subject exclusively to the present terms and conditions even if no express mention of this was made during negotiations. Our terms and conditions of sale of products distributed by FCI apply to all contracts with companies, vendors, legal entities under public law and special government agencies, and to all future business relations even if they are not expressly agreed upon again.
A handling charge will be added to account for cost of packing and preparing orders for shipment and is calculated as a percentage of the shipping rate.
Our carriers may contact you about arranging your delivery services which may include status updates by automated phone call, email and/or text message. Most product will arrive on a wooden pallet, which can be 4’ x 4’ or larger. Items may arrive in multiple shipments. Standard Delivery is to a loading dock at a commercial address. It is the customer’s responsibility to unload the truck with its own forklift and manpower in a timely fashion.
Should any of the conditions below apply to your delivery destination, you will need to contact FCI email@example.com within 24 hours of placing your order.:
- Delivery destination does not have a loading dock
- Delivery destination does not allow semi-trailer access
- Delivery destination does not have a turnaround for a semi-trailer
- Delivery destination has low hanging power lines and/or trees
Stated delivery dates are approximate and non-binding unless they have been expressly stated to be binding.
In the event of a delay in delivery, the customer may withdraw from the contract after setting a reasonable period of grace and this has expired without effect. In the event of our inability to provide performance, this right shall be available to the customer even without having set a period of grace. A delay in delivery shall be deemed equivalent to inability to provide performance if such delay lasts longer than one month. Claims to damages (including consequential damages) and to the refund of expenses are barred.
If unforeseen circumstances, which are beyond our control, occur and which we cannot prevent by the application of reasonable care under the circumstances of the case - irrespective of whether they occur with us or with a supplier (i.e. VOMO Leichtbautechnik GmbH & Co KG, Laer, Germany)- such as through force majeure (e.g. war and natural catastrophes), delays in the delivery of essential raw materials, etc. - we shall have the right to withdraw from the contract either wholly or in part, or to extend the delivery lead time by the duration of the circumstance. We will inform the customer of such circumstances without delay.
Delivery in installments is allowed if it causes no disadvantages to the use of the delivered goods.
Customer is responsible for inspecting condition and entirety of shipment. Any discrepancies regarding damaged, missing or incorrect product must be reported to firstname.lastname@example.org 702 268 7163 within 24 hours of delivery. If discrepancies are identified at the time of delivery, please have driver notate to assist in expediting any claims. See our Damages Policy for more information. Once the delivery is made, it is the customers responsibility to protect the product. Fair Consulting International/VOMO USA/VOMO USA is not responsible for damages due to failure to move product to secure and properly climatized area. Move wooden and laminated products as well as printed products of all kinds inside to avoid any issues with inclement weather which will potentially damage the products.
Once an order has been loaded and is in route to the shipping address, the customer is solely responsible for all outgoing shipping costs, including storage and reconsignment costs.
Deliveries should not be refused under any circumstances. Fair Consulting International/VOMO USA will not be liable for additional freight fees incurred due to the return and redelivery of the product. This includes, but is not limited to, refusal because:
- Cancelled after shipment
- Changed your mind
- Not able to receive
We are unable to ship items to: AK, GU, HI, PR, VI, or foreign countries.
Upon initial receipt of the shipment, inspect the pallet and packaging material for any indication of visible damage product(s). Notate any damage or missing product(s) on the POD (Proof of Delivery) provided by the driver. Also take a minimum of three photos displaying all the product (full pallet view/top view/side view) and send them together with the original purchase receipt to email@example.com . This will ensure a faster turn-around on filing the claim and re-shipping the product. If you accept the shipment without notating the POD and taking pictures as mentioned above, no claims can be filed.
If you are in possession of the product, do not discard any of the damaged material or packaging until advised to do so by Fair Consulting International/VOMO USA.
LOADING AND SECURING OF MERCHANDISE
Customers electing to pick up merchandise from Fair Consulting International/VOMO USAs’ warehouse location in Las Vegas are responsible for providing a safe and adequate vehicle for transportation and assume full responsibility for pick up and transportation of merchandise. The customer is SOLELY responsible for securing of merchandise and ensuring it is properly loaded and/or secured prior to leaving the premises. Fair Consulting International/VOMO USA is not responsible for damages occurring to vehicles while loading. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR LOADING AND/OR TRANSPORTATION OF MERCHANDISE AND RELEASES Fair Consulting International/VOMO USA, LLC FROM ANY LIABILITY, DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER'S PICK UP AND/OR TRANSPORTATION OF MERCHANDISE.
VEHICLE DAMAGE WAIVER
For an additional fee, Fair Consulting International/VOMO USA can provide employees or independent contractors to load your vehicle with a forklift.
You hereby agree to the risk of Fair Consulting International/VOMO USAs’ employees and independent contractors loading your vehicle with a forklift.
While every effort will be taken by Fair Consulting International/VOMO USA to load your vehicle in a safe and conscientious manner, you agree that Fair Consulting International/VOMO USA accepts no liability or responsibility for any damages to your vehicle during the load process.
You agree that Fair Consulting International/VOMO USA also accepts no liability or responsibility for damage to overloaded vehicles, including damage to tires, axels, or suspension. In addition, Fair Consulting International/VOMO USA accepts no liability or responsibility for damage to vehicles during transportation of the merchandise after leaving the store. This would include any damage to windows, truck beds, tailgates or any other vehicle damage.
By allowing us to load your vehicle, you are hereby releasing Fair Consulting International/VOMO USA and any of its employees/independent contractors from liability for any damage related to the loading of merchandise in your vehicle.
Customer assumes all the risks of damage to his/her vehicle and assumes responsibility for transporting this merchandise safely.
The customer understands, that due to the mostly custom nature of the products sold, all sales are final. Please visit our warehouse or order a free sample of our system BEFORE ordering, if in doubt.
IMPORTANT - PLEASE READ CAREFULLY
Fair Consulting International/VOMO USA is not responsible for product defect or damage, property damage or lost labor costs due to faulty installation or installation without checking statics requirements of the project. It is the responsibility of the buyer/user to make the appropriate structural calculations, if required, or to provide structural proof. Fair Consulting International/VOMO USA declines any liability if structures have been erected without the required static calculations and checks. Prior to the application or use of Fair Consulting International/VOMO USA products, the property characteristics must be validated for the specific application.
Excessive point loading on individual elements must be avoided at all costs. It is essential that the customer carries out a test prior to execution.
Claims for damage or shortages must be made upon receipt of product. Thoroughly inspect all products before installation as use will constitute acceptance.
For the distribution and sales of VOMO USA products, the terms and conditions of the product website www.vomo-usa.com are an integral part of the terms and conditions of Fair Consulting International, LLC