Fiero Group Logo

FIERO GROUP TERMS AND CONDITIONS

1. Acceptance and Agreement

These Terms and Conditions of Sale, along with the provisions stated in the Seller's acknowledgment, constitute the entire agreement between Fiero Group (the "Seller") and the purchaser (the "Customer") for the sale of goods and services (the "Products"). Any changes or additional terms provided by the Customer are not binding unless explicitly agreed to in writing by an authorized representative of Seller.

2. Payment Terms

2.1 Deposits

  • A deposit payment is required to initiate production, confirm timelines, or reserve inventory. No project will commence until the deposit is received.
  • Failure to pay the deposit within the agreed timeframe may result in cancellation.

2.2 Final Payment

  • The remaining balance must be paid in full prior to shipment or project delivery.
  • Delays in payment will delay the release of goods or services.

2.3 Payment Methods

  • Accepted methods: cash, check, money order, ACH, or wire transfer.
  • Payments via credit or debit card are subject to a 3% processing surcharge.

3. Shipment and Delivery

3.1 Shipping Terms

  • All shipments are FOB Brewster, NY 10509 unless otherwise specified.
  • The Customer assumes all responsibility for coordinating receiving, unloading, and installation, including securing appropriate equipment and personnel. Any additional agreements regarding delivery responsibilities must be made in writing.

3.2 Risk of Loss

  • Risk of loss transfers to the Customer when the Products are delivered to the carrier, regardless of whether shipping arrangements were made by Seller. The carrier shall act as the Customer's agent.
  • Any claims for loss or damage during transit must be filed directly with the carrier.

3.3 Inspection and Acceptance

  • The Customer must inspect the Products upon receipt before signing the Bill of Lading (BOL).
  • Any damages or discrepancies must be noted on the BOL and reported to Seller within five (5) business days with supporting photographic evidence. Failure to do so waives the Customer's rights to make claims against the Seller.

3.4 Delivery Methods

  • LTL/TL Freight: Freight carriers chosen by Seller unless Customer specifies otherwise in writing.
  • Customer Pickup: Delivery is deemed complete when goods are loaded onto the Customer's vehicle. The Customer assumes full responsibility for safe transport and handling.
  • Fiero Delivery: Arrangements for local delivery are available upon request.

3.5 Returns

  • No returns are accepted for custom-built or special-order equipment or parts.
  • Written authorization is required for all other returns, which must be made within ten (10) days of receipt. Unauthorized returns will be refused.

3.6 Storage Fees

  • If Customer fails to take possession of the Products within two (2) months of the agreed delivery date, storage fees will be assessed at market rates.
  • In cases where Customer fails to assign a delivery date, storage fees will be assessed if Products remain in Seller's possession twelve (12) months after project start date.
  • Storage fees will accrue monthly until Products are collected or delivery is completed.
  • Seller reserves the right to dispose of or resell abandoned Products after providing written notice to Customer, with Customer remaining liable for all associated costs and fees.

4. On-Site Services and Assembly

4.1 Standard vs. Custom On-Site Assembly

  • Standard On-Site Assembly: Includes street-level delivery with a 36" unobstructed entryway to the installation location. Space must be prepped and accessible (e.g., electrical, water, heating/cooling available).
  • Custom On-Site Assembly: Applies to projects outside standard conditions, requiring additional planning or accommodations. A video call will be scheduled to review site requirements. Custom surcharges may apply.

4.2 Work by Others

Unless explicitly agreed in writing, Fiero Group is not responsible for labor or work performed by third parties in relation to the installation, operation, or use of the Products.

  • It is the Customer's responsibility to ensure all necessary accessory and safety devices are provided and installed per applicable laws and safety guidelines.
  • Customers must adhere to all operating procedures as outlined in Seller-provided manuals.

4.3 Customer Obligations

  • The Customer must provide accurate site information and ensure that the site is properly prepared for installation.
  • Failure to meet these obligations may result in additional charges or delays.
  • Fiero Group is not liable for damages arising from incomplete or incorrect site information.

4.4 Rescheduling Fees

  • Changes to confirmed service dates by the Customer may incur a $500 rescheduling fee for invoices exceeding $6,000.

5. Cancellations and Refunds

  • Cancellations must be submitted in writing within 48 hours of order acknowledgment.
  • Orders canceled after acknowledgment and production initiation are subject to a 30% cancellation fee, covering Seller's incurred costs, including materials and supplier commitments.
  • Custom or special-order items are non-refundable.

6. Limitation of Liability

Under no circumstances shall Fiero Group ("Seller") be liable for:

  • Incidental, consequential, or special damages, including but not limited to lost profits, downtime, or labor costs.
  • Any damages arising from the sale, use, or installation of the Products, or from the Products being incorporated into or becoming a component of another product.
  • Any claims based on warranty (express or implied), contract, tort, or any other legal theory, regardless of whether Seller provided advice or representations (written or oral) regarding the sale, use, or installation of the Products.

The Customer acknowledges that Seller's liability is strictly limited to repair, replacement, or refund of the Products as outlined under warranty provisions.

7. Warranty and Claims

7.1 Product Warranty

  • Goods are warranted against manufacturing defects per the terms of the individual product's warranty. Warranty claims do not cover damages arising from misuse, improper installation, or modifications not authorized by Seller.

7.2 Claims Process

  • All claims for missing items or defects must be submitted in writing within five (5) business days of delivery.
  • Warranty service is subject to verification of serial numbers and proof of purchase.

8. Delays Beyond Seller's Control

Fiero Group shall not be liable for any delays or failures in performance caused by factors beyond its reasonable control, including but not limited to:

  • Natural disasters, acts of God, or pandemics
  • Labor disputes, strikes, or shortages
  • Transportation delays or shortages in materials or supplies
  • Regulatory changes or orders from governmental authorities

In such cases, Seller reserves the right to extend timelines or cancel orders without liability.

9. Export Compliance

All export shipments are subject to U.S. export laws and regulations. The Customer is responsible for ensuring compliance with these laws, including the use, disposition, and resale of Products.

10. Project-Specific Terms

10.1 Major Appliance Projects

  • Goods may be delivered via freight, Fiero delivery, or customer pickup.
  • On-Site Manufacturing and Refurbishment Services must adhere to the agreed timeline and site requirements.
  • Payment terms follow the deposit/final payment structure as outlined above.

10.2 Standard/Minor Projects

  • Standard services for repair or maintenance follow pre-agreed pricing and scheduling.
  • All service claims must be submitted within five (5) days of service completion.

11. General Provisions

11.1 Modifications and Waivers

  • No modifications or waivers to these terms are valid unless agreed to in writing by an authorized representative of Seller.
  • Waiver of any term or condition does not constitute waiver of subsequent defaults or obligations.

11.2 Governing Law

This agreement is governed by the laws of the State of New York, excluding the United Nations Convention on Contracts for the International Sale of Goods. International sales are subject to compliance with U.S. export laws and INCOTERMS 2010.

11.3 Entire Agreement

These terms constitute the entire agreement between Seller and Customer and supersede any prior agreements or communications.