Terms and Condition

TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS and CONDITIONS OF SALE CAREFULLY AS THEY MAY HAVE CHANGED SINCE
YOUR LAST VISIT TO THIS SITE.

FOAMTEC RETAIL TERMS & CONDITIONS OF SALE
PLEASE READ THESE TERMS & CONDITIONS OF SALE CAREFULLY AS THEY MAY HAVE CHANGED

These Terms & Conditions of Sale shall apply to all sales made by Foamtec, LLC (“Foamtec, LLC”, “we”,“us” or “our”) through our website: https://www.foamtecproduct.com (the “Site”), purchase orders, phone order, or other. You agree to these Terms & Conditions of Sale by placing your order. No other term or condition set forth in any solicitation, purchase order, confirmation or other instrument submitted by you shall become part of these Terms & Conditions of Sale or otherwise become binding on Foamtec, LLC. Any such other terms or conditions are deemed automatically rejected by Foamtec, LLC without need of any further or additional notice of rejection. In the event of any conflict between these Terms & Conditions of Sale and any order document submitted by you, these Terms & Conditions of Sale shall govern and control. We may periodically add to, modify or otherwise update these Terms & Conditions of Sale at our sole discretion. It is your responsibility to review these Terms & Conditions of Sale for any additions, modifications or updates each time that you make a purchase, and you are bound by such additions, modifications and updates. Your use of the Site and/or purchase of product following any additions, modifications or updates to these Terms & Conditions of Sale constitutes your acceptance of the new Terms & Conditions of Sale.

ORDERS: By adding desired products to your cart and submitting all required information during thecheckout process, or by placing an order through purchase order, signed estimate, and/or by phone, you have placed an order with us and are bound by such order, subject to the availability of the products ordered. We will confirm receipt of your online order by email. Payment information and credit card authorization must be included with your order. We will review all online orders to ensure accuracy and address any pricing discrepancies arising from technical issues, supply shortages, product availability or freight challenges. Foamtec is a product distributor for outside manufacturing companies. Lead times are based on each manufacturing facilities’ production schedules. Product availability from each manufacturing facility is subject to change without notice. Foamtec reserves the right to decline any orders for these reasons or any other issues. If an order is declined, a full refund will be issued.

PAYMENT: All online orders must be paid in full and the purchase price, as well as estimated shipping costs shall become due at the time you place your order. Your credit card will be charged in full at time of placing order online, over the phone or by email. Orders will not be scheduled for production until payment is received. We reserve the right to cancel any order at any time at our sole discretion. While we make every attempt to ensure that the products displayed on the Site are available for purchase, there may be times when we no longer have a product available. In such event, we will refund to you the applicable purchase price.

TAXES: Product prices do not include tax. Customer is responsible for paying all applicable sales, use, excise, value-added and other taxes related to your purchase. We may add such taxes and duties to the amount due on any order. Any request for exemption from any tax or duty shall be accompanied by evidence of eligibility for such exemption.
PRODUCT DESCRIPTIONS & PRICING: We attempt to be as accurate as possible when describing ourproducts. Pricing is subject to change based on current market conditions.

COLOR VARIATIONS: It is highly recommended that you order all of the panels, faux or real wood beams and T&G for your project at the same time. In most cases at least a 10% waste factor should be factored in. The colors of our items may vary slightly from order to order. These variances are considered normal and are within industry standards. If orders are placed at different times, we cannot guarantee the color will match since each product is hand-painted and finished specifically for each order. In the case of real wood beams and T&G, there will be inherent variations in the grain, grain pattern and color based on the tree it is harvested from. You may want to purchase additional product at time of ordering to minimize potential future color matching issues.

COLOR CONSISTENCY: We make every effort to ensure that the colors presented in our product photosare representative of production. Monitors/screens, depending on their age and color calibration, areprone to distorting colors. Furthermore, real world color is created when light is reflected, so colorperception is dramatically impacted by lighting and shadows. For these reasons, we highly recommendobtaining samples prior to ordering. If you are requesting color matching to existing flooring or other,please send color samples at least 8” x 12” to: Foamtec, LLC, 10398 Rockingham Dr., #3, Sacramento, CA95827 – reference project name and/or order number on sample.

DESIGN TEAM SERVICE FEE: Consultation by our Design Team in the creation of detailed designs/plans,concepts, layouts and trusses will incur additional fees for the time and services required. Since there areseveral variations of truss design we can create for the same space, we ask for detailed informationabout the space, architectural drawings and amount budgeted for your project to ensure that yourcustom design is the look you desire and within your budgetary means. If we can’t meet the goals foryour design and budget as specified after reviewing your information, our Design Team will discuss otherpossible truss design options that might be possible to accommodate your requirements.

FORCE MAJEURE: No liability shall result from any cause (including without limitation Acts of God, forcemajeure, labor trouble, inclement weather, shortage of or inability to obtain materials, equipment ortransportation or significant increase in their price and/or orders of courts) beyond the reasonablecontrol of the party affected. If our supply of products to be sold is limited by any such cause, we shallhave the right to reduce or cancel in its entirety our commitment under this agreement.

GOVERNING LAW AND VENUE: Any and all disputes between Foamtec, LLC and the customer/user shallbe governed by the laws of the State of California and/or Arizona without giving effect to its conflicts oflaws principles and any and all legal actions arising from any such disputes shall be exclusively venuedand heard in the State or Federal Courts sitting in Sacramento, California and/or Phoenix, Arizona.

NO REFUNDS, RETURNS OR CANCELLATIONS: All our products are made to order and there are norefunds, credits, returns or cancellations. We carefully inspect each order before packaging and atloading to ensure quality products are free from defects.

SHIPPING: Product prices do not include shipping. Shipping costs are calculated during checkout and are to be paid in full with the product order, as well as the applicable taxes. We will choose between using a third-party common carrier for less-than-truckload (LTL) freight or a dedicated third-party full truckload carrier at our discretion. Foamtec is not liable for late deliveries by third-party carriers. All charges are to be paid by customer prior to shipping. Customer is responsible for off-loading orders. A flat shipping fee of $25.00 USD will be applied to all sample orders within lower 48 states. If you are ordering a sample in HI, AK or outside of the USA, additional shipping fees and/or tariffs will apply. Once your order is completed, it will be packaged and shipped immediately from our facility.

SHIPPING NOTES:
DELIVERY TIMING: If you require products delivered at or by a certain date, please contact our customerservice team via email at customerservice@foamtecproduct.com to verify production lead times. Orderscan be expedited at additional cost. Production lead times will be confirmed by us at the time your orderis paid in full. All listed shipping times are estimated dates only. Specific delivery dates and/or timeframes cannot be guaranteed for any product or order. We are not responsible for lost, misplaced,delayed shipments or freight damaged by the freight carriers.

UNLOADING PRODUCT: The customer or receiving party is required to unload the shipment from the truck. The truck driver will not unload the shipment unless requested at time of order. This includes scheduling shipping with unloading equipment, such as a forklift or pallet jack, which will incur additional cost and must be paid for at time of order.LIMITED ACCESS FOR DELIVERY: All deliveries will typically be made on trucks with trailers 53’ +/-. It isthe customer’s responsibility to notify us if your delivery location has potential limited access issues, such as the truck not being able to reach your location, turn around or back-up. Product deliverability is at the discretion of the freight carrier. If a shorter truck is required, the customer will need to notify ourcustomer service team via email at customerservice@foamtecproduct.com to make the arrangementsprior to shipping and may incur additional charges. If the freight carrier determines that it cannot deliverthe material to the shipping address, it is the customer’s responsibility to pick up the material at thefreight carrier terminal, unless other arrangements can be made, which may be at an additional cost at the discretion of the carrier.

STORAGE FEES: If the carrier used to ship the customer’s order is currently in possession of customers’products, customer will be subject to their rules concerning storage of items not delivered. If the carriercalls to arrange a delivery and delivery is postponed due to customer, customer may accrue charges forstorage. All costs incurred with product being stored at freight terminal is the sole responsibility of thecustomer.

ADDITIONAL ACCESSORIAL CHARGES: Any and all additional charges not previously paid, or provided atthe time of order, such as change of address, limited access, re-delivery and storage fees will becustomer’s sole responsibility unless stated in the order as part of the shipping costs pre-paid at the timeof order. If customer misrepresents the delivery address as a business address and it is in fact a homebusiness in a residential area, all residential charges made by the trucking/delivery company will be thecustomer’s responsibility and will be charged to the customer’s credit card and reflected in thecustomer’s invoice receipt. Any address correction done by third-party Carrier due to misrepresentationon the order form will reflect in a back-charge and will be invoiced to the customer.

RECEIVING YOUR SHIPMENT:Customer or receiving party should inspect the shipment immediately, carefully and thoroughly BEFORE signing for the delivery. If for ANY reason the customer is unable to fully inspect the shipment, the customer must write on the delivery receipt “SUBJECT TO INSPECTION” and inspect the product within the timeframe allotted by the shipping company, typically within 48 – 72 hours. Customer or a legal adult 18 years of age or older, whom the customer has authorized to inspect the shipment in the customer’s absence, must sign for, or reject the shipment. In the unlikely event that the customer’s shipment is damaged, read and follow the directions in ‘If Your Shipment Is Damaged’ section below carefully and fully.

IF YOUR SHIPMENT IS DAMAGED: It is the customer’s or receiving party’s responsibility to fully inspect the product at the time of delivery for any potential damage. We are not responsible for damaged products due to shipping. We recommend removing any protective wrapping to fully inspect the product before the driver leaves. In addition, please verify the quantities before signing the delivery receipt. Once the delivery receipt is signed with no exceptions noted, the trucking company has no further responsibilities. If customer’s shipment arrives damaged, the customer must reject the shipment, or the part that is damaged and have the driver note the damage on the delivery receipt. Then contact us atcustomerservice@foamtecproduct.com. If the customer finds damage to the customer’s shipment, butchooses to accept it anyway, the customer must have the driver note on the delivery receipt that theshipment is damaged, and the driver must also sign the receipt. Then the customer must file a claimdirectly with the shipping company for the damaged portion of the customer’s order. (Damage to thecustomer’s shipment is the responsibility of the shipping company. Foamtec, LLC cannot file a claim forany customer’s damaged shipment – only the receiver can.) Please photograph the damaged product onthe truck as that will assist you when filing a product damage during shipment claim with the shippingcompany. Please keep all damaged product as well as all packing material for the trucking company’sinspector to see. Call or email customerservice@foamtecproduct.com with the invoice number, detailsrelated to the damage that occurred and photos of the damaged product.

HIDDEN DAMAGE: Upon delivery of the customer’s shipment, the customer or receiving party has 48 – 72 hours in which to notify the shipping company of any hidden damage. If the customer or receiving party does not notify them within this time frame, any future claim for said products will be null and void. We strongly recommend that the customer or receiving party examines the order in full upon time of delivery and notify us immediately before accepting delivery if the customer or receiving party finds damage. Photos should be taken of any damaged product. If any items require repair the cost will have to be paid by the customer.

Warranty:INSTALLATION LIABILITY DISCLAIMER: Foamtec will not be financially liable for a shipping carrier, individuals, or other trades’ damage to our beams, including, but not limited to, anything that penetrates the beams and/or anything that damages our paint finish, such as tape, paint blow back, caulking or other.

LIMITED WARRANTY: Foamtec, LLC warrants to the original end purchaser that the product will be free from defects in materials and workmanship for a period of 2 years from the date of the original shipment if properly installed according to STANDARD INDUSTRY PRACTICES and will not peel, crack, twist, split or rot for period of 2 years from the date of original shipment and subject to the exclusions set forth in this Limited Warranty, if Foamtec, LLC determines, in its sole discretion, that a Product has a manufacturing defect covered by this warranty, Foamtec, LLC will, at its sole option, either: (1) provide touch up kit(s) to repair the Product or part or parts thereof; (2) replace the Product or part thereof; or (3) refund the original purchase price for Product and applicable tax paid, in which case the Product shall be returned to Foamtec, LLC. Repair, replacement or removal during the warranty period shall not include labor costs relating to the removal of the defective Product or reinstallation of replacement Products, nor any costs associated with removal, repair or replacement of fixtures, hardware or decorative treatment that may be associated with the Product. Foamtec, LLC’s obligation as to repair or replacement is limited to repair or replacement with the styles, models, products, colors, etc. of the Product that are available at the time of the repair or replacement and is limited to the repair or replacement of only the specific Product that is subject to the warranty claim. Repair or replacement does not extend the original warranty period in any manner or start a new warranty period and any repaired or replaced product remains subject to the original 2 year warranty period. This Limited Warranty is not transferable, and any attempted transfer or assignment shall void the Limited Warranty.

APPLICABILITY: This limited warranty only covers Products manufactured by Foamtec, LLC. Products of other manufacturers and other brands (“Third-party Products”) are covered by their manufacturers’ warranty. Third-party Products are covered by the warranties provided by the original manufacturer or the seller of the specific Third-party Product, which are available upon request. Third-party Product warranties may vary from product to product. It is your responsibility to consult the applicable Third-party Product documentation for specific warranty information. To the fullest extent permitted by law, Foamtec, LLC makes no warranties and disclaims all liability in relation to such Third-party Products.

EXCLUSIONS: This Limited Warranty does not cover defects caused by normal wear and tear or maintenance of Products (e.g. harsh cleansers and solvents); use of Products exceeding its specifications; improper installation; improper maintenance; misuse; damage from abuse; breakage due to mishandling; alteration of Product as manufactured; unreasonable or unintended use of Product; damage caused by harmful chemicals; excessive heat; intentional damage; damage from animals or insects; color changes due to normal weathering and sunlight; impact from falling or foreign objects; and natural causes such as, fire, hail, lightning, high winds, storm or flood. Foamtec, LLC specifically disclaims responsibility for any damage to any Product, product or property caused by, or which results from, improper installation of Product or work not performed in a good and workman like manner in accordance with industry standards and all ordinances and safety codes. This Limited Warranty gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction and the applicable law in some jurisdictions may limit or negate the enforceability of a limitation of liability or the exclusion of incidental or consequential damages in a warranty, so the above limitations or exclusions may not apply to you. You are encouraged to review the applicable law in your jurisdiction.

CLAIMS: Customer must notify Foamtec, LLC within 30 days after you notice a potential warranty issue and provide a written description of the claimed defect, along with original proof of purchase and photos. You may report a claim by sending an email to: customerservice@foamtecproduct.com; or in writing to: Foamtec, LLC 10398 Rockingham Dr., #3, Sacramento, CA 95827. You may be required to send to Foamtec, LLC at your expense, photographs and product samples for testing. Within a reasonable time after proper notification, Foamtec, LLC will evaluate your claim and resolve it in accordance with the terms of this Limited Warranty. If you repair or replace your Product(s) before you notify Foamtec, LLC about your claim or before Foamtec, LLC has completed its evaluation of your claim, your claim may be denied. If you need to repair or replace your Product(s) before your claim is resolved, you MUST provide Foamtec, LLC with reasonable notice. NOTE: Notice to your contractor, dealer, or home builder is NOT notice to Foamtec, LLC.

DISCLAIMERS: Except for the express representations and warranties set forth herein, wemake no warranties or representations, and we expressly disclaim any and all otherwarranties of any kind or nature, including without limitation any: (a) warranty ofmerchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title;and (d) all other warranties whether implied, statutory, arising by law, course ofdealing, course of performance, usage of trade or otherwise.
Remedies and limitation of liability, notwithstanding anything set forth herein to thecontrary, and subject to applicable law, with respect to any claim or damage arising outof or related to any product or services (including advice) provided or to be providedunder and/or related to these terms of sale (whether such claim or damage is based oncontract, tort, statute/law or otherwise) including whether the products or servicesare non-conforming or defective or there is breach of these terms of sale including anydelay in performance or non-performance respecting these terms of sale or any portionthereof, you acknowledge and agree that your sole and exclusive remedy with respect toclaim or damage and our maximum monetary liability shall be, at our option, either: (i)the repair or replacement of the product in question; or (ii) a credit or refund of thepurchase price associated with such product; we shall in no event be liable for loss ofprofit, business contracts or revenue, downtime, special, incidental, indirect,consequential or penal damages whether for conforming, non-confirming products orservices or anything respecting these terms of sale. Our liability for failure of anyproduct to meet our written performance specifications, if any, shall be limited toaccepting the return of product if made within the warranty period and to repay orcredit the purchase price. You are responsible for the costs of transporting defectiveand replacement products.

CUSTOMER RESPONSIBILITY: Foamtec, LLC, its agents, affiliates, suppliers or employees shall be heldharmless from any and all claims as a result of injury, damage or wrongful installation to an ultimate useror other person caused by the product sold hereunder, whether the injury or damage results from theassembly, installation, operation, shipment, storage or manufacture of this product. Please consult localbuilding codes prior to installing the products.

PRODUCTS AROUND FIREPLACES: Although our products are incredibly realistic, keep in mind that theyare not real brick, stone or rock products, they are manufactured utilizing high-density Polyurethane andhave similar burning characteristics to real wood and should be considered combustible. Foamtec, LLCoffers a Class-A Fire Rated Polyurethane which must be requested at the time the order is placed. Class-AFire Rated building materials are required on most commercial buildings to allow the occupants time toevacuate a structure safely. This is accomplished by reducing the amount of time a flame spreads acrossthe building material and the reduction in smoke density developed in accordance with ASTM=E84Standard Method of Testing for Surface Burning Characteristics of Building Materials in accordance to UL723, ANSI/NFPA No. 255 and UBC No. 8-1 by an independent laboratory. Most of our products can beused around a Fireplace opening/insert, and/or Stove, provided you follow the Fireplace Insert/StoveManufacturer’s specifications for required clearances. When using our products around an open hearthwhere there will be a “live flame” (i.e., wood, coal, etc.), you must use some type of a stone or non-flammable border. Based on the National Fire Protection Association (NFPA) codes, a minimum 6” non-flammable border is required for all combustible materials with a thickness of 1-1⁄2”. If a product isselected with a thickness over 1-1⁄2”, an additional 1” of non-flammable border must be added for every1/8” of additional product thickness. Some building codes may require a clearance greater than 6”.Please check with your local Fire Marshall for your particular application to insure you meet the codethat applies to you. Our products are not intended to be used on the hearth. The hearth must beconstructed using a non-combustible surface such as marble or stone per local and national buildingcodes. Our products are not suitable for the inside of your fireplace/firebox. Other than this, ourstandard products can be utilized with the same clearances observed as the Fireplace/Stovemanufacturer recommends for any decorative building materials that are considered combustible. Youmust adhere to any, and all, national and local building and/or fire codes concerning combustiblebuilding products in applications such as Fireplaces and Wood burning stoves.

CARE AND MAINTENANCE:
INTERIOR CLEANING: Use a feather duster or a non-abrasive cotton cloth to remove any dust orcobwebs. A mild liquid dish soap or natural cleanser mixed with water can also be used. Please refer tothe “Do Not Use” list below for harmful cleaning agents and equipment.EXTERIOR CLEANING: Use a garden hose with a nozzle set to the lowest pressure setting i.e., “shower”setting with clean water. Lightly hose the panels or beams with a shower spray pattern, fanning backand forth from the highest point working your way down, allowing dirt to drip down to the ground. Thisprocess might take several passes. A mild liquid dish soap or natural cleanser mixed with water can alsobe used. Please refer to the “Do Not Use” list below for harmful cleaning agents and equipment.
UV PROTECTION: We use exterior dead flat varnish to provide UV inhibitors to all of our products. Whilecoatings are formulated to withstand the natural elements, normal wear and tear can be expected andmay require periodic maintenance. Some degree of fading may occur depending on the level of sunexposure, regionality and other environmental conditions. To help minimize the natural fading that willoccur over time, we recommend that a light coating of UV topcoat be applied every 3 – 5years based on the product’s exposure to the sun. Additionally, you should inspect your panels,beams and T&G annually for any color variation. If you find any areas where the color is fading, theyshould be touched up to protect them from UV exposure.

DO NOT USE:Abrasive cleaners • Acidic or Alkali based cleaners • AcetoneAmmonia or products containing ammonia • Bleach or products containing bleachMagic Erasers • Abrasive padsScrub Brushes • BroomsPower washers • High-pressure nozzles

QUESTIONS: If at any time you need further explanation or clarification on any of these Terms &Conditions, Limited Warranty, or any other questions concerning Foamtec, LLC, please contact us at customerservice@foamtecproduct.com.