Terms and Conditions

Terms & Conditions of Sale

AFEX dba American Flagpole Experts, LLC
(A Texas Limited Liability Company)

1. Parties

“Seller” means AFEX dba American Flagpole Experts, LLC, a Texas Limited Liability Company (“AFE”).
“Buyer” or “Customer” means the person or entity purchasing goods from Seller.
Contact: [email protected]

2. Application

These Terms and Conditions of Sale (“Terms”) apply to all sales of goods (“Equipment”) by Seller to Buyer. By placing an order, Buyer accepts these Terms. These Terms supersede any conflicting Buyer documents unless Seller expressly agrees in writing.

3. Controlling Provisions

Any additional or different terms in Buyer’s documents are rejected. Acceptance of goods constitutes Buyer’s agreement to these Terms.

4. Acceptance of Orders

All orders are subject to Seller’s ability to obtain raw materials and components. Orders are scheduled according to Seller’s capacity and applicable regulations.

Objection Notice. Objection by Buyer to these Terms must be received in writing within twenty-four (24) hours of receipt, or before any goods are accepted, whichever occurs first.

5. Limitation of Actions

ANY ACTION FOR BREACH OF THIS CONTRACT OF SALE MUST BE COMMENCED BY BUYER WITHIN FIFTEEN (15) DAYS AFTER THE CAUSE OF ACTION HAS OCCURRED.

6. Quotations, Pricing & Payment

Quotations. Written quotations are valid for 30 days unless otherwise stated by Seller. Quotes are subject to correction of clerical errors.

Pricing. Prices exclude freight, taxes, duties, or other government charges unless expressly stated. Buyer is responsible for all such charges.

Payment Terms.

• 100% payment due upfront unless Seller approves split payment.
• If split payment is approved: 75% deposit upfront; balance due upon delivery.
• Late payments accrue a 3% daily penalty until paid in full.
• Seller absorbs credit-card processing fees at its discretion (subject to change without notice).
• If Buyer requests freight company storage, Buyer must pay fees in advance ($200/day). Damage during third-party storage is not covered by warranty.

7. Delivery & Freight

Freight & Delivery. Freight is curbside delivery only. Seller does not provide liftgate, crane, or installation services. Significant surcharges apply for re-delivery, narrow streets, residential access, missed appointments, water crossings, or reconsignment.

Responsibility. Once goods are in the hands of the freight carrier, Seller has no control and is not liable for shipping times, handling, or storage practices.

Inspection & Damage Reporting. Buyer must:

• Inspect at delivery and note visible damage on the bill of lading.
• Take photos and/or video of any damage or shortages.
• Notify Seller in writing within 48 hours of delivery.

Claims not made within 48 hours are barred.

8. Cancellation & Returns

• Custom/non-stock items (anodized, powder-coated, tapered shafts, shoe-base poles) are non-cancelable and non-returnable once released to production.
• Parts orders cancelled/modified after release to production: 35% restocking fee.
• Anodized items cancelled without prior written approval: 100% restocking fee.
• All other parts/components returns require prior written authorization (RMA) and are subject to Seller’s approval. Freight and processing fees are non-refundable.

9. Warranty

Manufacturer’s Warranty. Seller passes through only the manufacturer’s warranty applicable to the specific product. Seller itself provides no additional warranty.

Exclusions. No warranty applies to:

• Improper installation
• Use of oversized or multiple flags
• Wind-induced vibration
• Storage in wrapping/shipping container
• Damage from handling, transportation, collision, vandalism, misuse, or acts of God
• Improper grounding or site conditions (e.g., soils with pH < 5 or > 9)

Guidelines. Buyer must follow the National Association of Architectural Metal Manufacturers (NAAMM) Guide Specification for Design of Metal Flagpoles for proper flag size and use.

Limitation of Liability. Seller’s total liability is limited to the purchase price of the product. Seller is not liable for indirect, incidental, or consequential damages.

10. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the State of Texas.

Dispute Resolution. All disputes exceeding $10,000 shall be resolved by binding arbitration in Collin County, Texas, under the Commercial Rules of the American Arbitration Association (AAA). Venue for any dispute not subject to arbitration shall be Collin County, Texas. The prevailing party may recover reasonable attorneys’ fees and costs.

11. Entire Agreement

These Terms, along with Seller’s invoices and order confirmations, constitute the entire agreement. No modification is valid unless in writing and signed by Seller.