Terms and conditions
TERMS AND CONDITIONS
1. RISK OF LOSS
All items purchased from Fleeman Anderson & Bird Corp (FAB) are shipped under a shipment contract. This means that risk of loss and title for such items pass to you upon our delivery to the carrier. All packages will be appropriately insured to protect your purchase. Our default carrier for domestic and international shipments is United Parcel Service (UPS). For shipments to APO & FPO addresses, we use the United States Postal Service (USPS) Priority Mail service. Customers may request that FAB use their shipping account information for shipments; however, we cannot guarantee that we will accommodate this request, particularly when orders are shipped directly from manufacturers who may not allow the use of third-party shipping accounts. In such cases, we will notify the customer of the shipping cost based on the quote we receive. Domestically, we ship with UPS, FedEx, and USPS Priority or Express Mail Service (EMS). Internationally, we ship with UPS, FedEx, and USPS EMS only.
2. ADDITIONAL CHARGES
If an item is returned to FAB by the shipping carrier due to customer error or the carrier's inability to deliver to the provided address, the customer is responsible for any return shipping costs. These costs will be charged to your on-file credit card. If the error was on the part of FAB, we will cover the return shipping charges to us and back to you. If the customer provides an incorrect or incomplete address, a $12.50 address correction charge, or the amount imposed by the selected carrier, will be billed to the customer’s on-file credit card.
If the customer uses their own shipping account number and FAB is charged for your shipment due to an incorrect account number or refusal to pay, we will charge your on-file credit card for the amount billed to us.
Returned checks not honored by the customer’s bank are the full responsibility of the customer. Such checks will be subject to a $40.00 or 5% service fee, whichever is higher, as per the laws of the State of Florida. FAB Corp will take all necessary measures to ensure payment, including charging previously used credit cards, legal action, and liens. Use of a check to pay for services constitutes your agreement to these terms.
3. PRICING & SHIPPING DISCREPANCIES
Pricing and shipping discrepancies must be reported within 30 days of your initial order. You agree that all amounts charged and shipments received are correct and complete unless contested within this period.
4. TERM ACCOUNTS
Individual term accounts (e.g., Net 15, Net 30) are subject to the terms and conditions outlined in each customer’s credit application and those listed on each invoice. Accounts that are past due will incur a finance charge of 18% APR on all overdue balances. In the event of non-payment, we reserve the right to use any means necessary to collect the outstanding amount, including charging any previously used credit cards on file.
5. DUTIES
In some cases, FAB may be charged duties by your local government for international shipments. Customs duties, brokerage fees, and other related costs are entirely the responsibility of the customer. FAB has no control over these fees and cannot be held responsible for them. These fees are typically collected by the shipping carrier at the time of delivery. If FAB is charged for these duties, we will use your on-file credit card to cover the cost, and you will be notified via email with a copy of the charges.
Regarding customs duties, we will not declare a lower value for packages or mark them as "gift" or "sample" to help you avoid paying duties, as this is illegal and places both parties at risk. Please do not request us to falsify any documentation.
6. PRIVACY
FAB Corp respects your privacy. Information you enter on our secure servers is used solely for the internal operations of FAB Corp and its affiliates. Our full privacy statement is available at [link to privacy policy].
7. ORDER CHANGES OR CANCELLATIONS
You may request changes or cancellations to your order as long as it has not yet been processed. Please notify us of any changes by telephone at 727-853-0256 or by email at sales@fab-corp.com. As an e-commerce company, we do not have a dedicated phone staff, but messages are reviewed for changes or issues. Be sure to include an email address for us to contact you. Once an order has been processed, changes or cancellations cannot be guaranteed. If the order has been processed, your recourse is to request an RMA following our return policy.
8. PRODUCT DESCRIPTIONS
FAB Corp strives to be as accurate as possible in product descriptions, pricing, and other content on this site. However, FAB Corp does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered by FAB Corp is not as described, your sole remedy is to return it in unused condition. As a reseller, FAB Corp does not manufacture the products it sells and does not test items received from manufacturers before shipping them to customers.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FLEEMAN ANDERSON & BIRD CORP. ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEEMAN ANDERSON & BIRD CORP. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. BY USING THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLEEMAN ANDERSON & BIRD CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLEEMAN ANDERSON & BIRD CORP. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAILS SENT FROM FLEEMAN ANDERSON & BIRD CORP. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLEEMAN ANDERSON & BIRD CORP. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES SHALL FLEEMAN ANDERSON & BIRD CORP.'S LIABILITY EXCEED THE TOTAL AMOUNT OF PAYMENTS RECEIVED BY THE COMPANY.
10. APPLICABLE LAW
By visiting Fleeman Anderson & Bird Corp, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between you and Fleeman Anderson & Bird Corp or its affiliates. Jurisdiction for any disputes or legal actions between Fleeman Anderson & Bird Corp and any other party resides solely with the court system in Hillsborough County, Florida.
11. DISPUTES
Any dispute related in any way to your visit to Fleeman Anderson & Bird Corp or to products you purchase through Fleeman Anderson & Bird Corp shall be submitted to confidential arbitration in Hillsborough County, Florida, except that, to the extent you have in any manner violated or threatened to violate Fleeman Anderson & Bird Corp's intellectual property rights, Fleeman Anderson & Bird Corp may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
12. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. We reserve the right to make changes to our site, prices, policies, and these Terms at any time. If any of these terms are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. We reserve the right to deny any sale at our sole discretion.
13. PRICE MATCHING
At this time, FAB Corp does not offer a price-matching policy. We post our current lowest available prices on the website for all customers. PRICES ARE NOT NEGOTIABLE.
14. RESELLERS & DISTRIBUTORS
FAB Corp does not offer discounts based solely on reseller or distributor status. Discounts are available only for volume purchases at the time of purchase. We do not extend discounts or samples based on promised future purchases. We do not offer samples for review.
15. WIRELESS USER GROUPS
FAB Corp offers discounts to various wireless user groups based on pre-arranged agreements. Please let us know where you found us, as this may qualify you for a discount.
16. RETURN / RMA POLICY
Any returns made to FAB Corp must receive a Return Merchandise Authorization (RMA) Number. You may request an RMA by calling 727-853-0256. Items may be returned for a refund only if they are in new