TERMS & CONDITIONS OF SALE
PLEASE READ THESE TERMS & CONDITIONS OF SALE CAREFULLY AS THEY MAY HAVE CHANGED SINCE
YOUR LAST VISIT TO THIS SITE.
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 order,
phone order, or otherwise. 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 the
checkout process, or placing an order by purchase order, signed quote, or 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 sending you an email. Payment information and credit card
authorization must be included with your order.
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, and you are 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 our
products. 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
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 handcrafted and finished specific for each order. In the case of real wood,
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 photos
are representative of production. Monitors/screens, depending on their age and color calibration, are
prone to distorting colors. Furthermore, real world color is created when light is reflected, so color
perception is dramatically impacted by lighting and shadows. For these reasons, we highly recommend
obtaining 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, CA
95827 – 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 are
several variations of Truss designs we can create for the same space, we ask for detailed information
about the space, architectural drawings and amount budgeted for your project to ensure that your
custom design is the look you desire and within your budgetary means. If we can’t meet the goals for
your design and budget as specified after reviewing your information, our Design Team will discuss other
possible 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, force
majeure, labor trouble, inclement weather, shortage of or inability to obtain materials, equipment or
transportation or significant increase in their price and/or orders of courts) beyond the reasonable
control of the party affected. If our supply of products to be sold is limited by any such cause, we shall
have 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 shall
be governed by the laws of the State of California and/or Arizona without giving effect to its conflicts of
laws principles and any and all legal actions arising from any such disputes shall be exclusively venued
and 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 no
refunds, credits, returns or cancellations. We carefully inspect each order before packaging and at
loading to ensure quality products free from defect.
SHIPPING: Product prices include shipping. In many cases, the shipping cost will be estimated when you
check out from your cart. Orders are shipped via 3rd party common carrier freight or a dedicated truck
load 3rd party carrier at our discretion. Customer is responsible for off-loading orders. There will be no
penalties for late deliveries. These charges are to be paid by you prior to shipping. Small 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 customer
service team via email at customerservice@foamtecproduct.com to verify production lead times. Orders
can be expedited at additional cost. Production lead times will be confirmed by us at the time your order
is paid in full. All listed shipping times are estimated dates only. Specific delivery dates and/or time
frames 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 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.
LIMITED ACCESS FOR DELIVERY: All deliveries will typically be made on trucks with trailers 53’ +/-. It is
your 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 our
customer service team via email at customerservice@foamtecproduct.com to make the arrangements
prior to shipping and may incur additional charges. If the freight carrier determines that it cannot deliver
the material to the shipping address, it is the customer’s responsibility to pick up the material at the
freight carrier terminal, unless other arrangements can be made, which may be at an additional cost.
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 carrier
calls to arrange a delivery and delivery is postponed due to customer, customer may accrue charges for
storage. All costs incurred at product being stored at freight terminal is the sole responsibility of the
customer.
ADDITIONAL ACCESSORIAL CHARGES: Any and all additional charges not previously paid, or provided at
the time of order, such as change of address, limited access, re-delivery and storage fees will be
customer’s sole responsibility unless stated in the order as part of the shipping costs pre-paid at the time
of order. If customer misrepresents the delivery address as a business address and it is in fact a home
business in a residential area, all residential charges made by the trucking/delivery company will be the
customer’s responsibility and will be charged to the customer’s credit card and reflected in the
customer’s invoice receipt. Any address correction done by 3rd party Carrier due to misrepresentation on
order form will reflect in a back charge and will be invoiced to the customer.
RECEIVING YOUR SHIPMENT:
Customer 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 carefully and fully.
IF YOUR SHIPMENT IS DAMANGED: It is the customer’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 at
customerservice@foamtecproduct.com. If the customer finds damage to the customer’s shipment, but
chooses to accept it anyway, the customer must have the driver note on the delivery receipt that the
shipment is damaged, and the driver must also sign the receipt. Then the customer must file a claim
directly with the shipping company for the damaged portion of the customer’s order. (Damage to the
customer’s shipment is the responsibility of the shipping company. Foamtec, LLC cannot file a claim for
any customer’s damaged shipment – only the receiver can.) Please photograph the damaged product on
the truck as that will assist you when filing a product damage during shipment claim with the shipping
company. Please keep all damaged product as well as all packing material for the trucking company’s
inspector to see. Call or email customerservice@foamtecproduct.com with the invoice number, details
related to the damage that occurred and photos of the damaged product.
HIDDEN DAMAGE: Upon delivery of the customer’s shipment, the customer has 48 – 72 hours in which to
notify the shipping company of any hidden damage. If the customer 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 examines the order in full upon time of delivery and notify us immediately before accepting
delivery if the customer finds damage. Photos should be taken of any damaged product. If any items are
required to repair the damaged product, those items will have to be paid by the customer.
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 15 (Fifteen) 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 15 (Fifteen) 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 15-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.
EXCLUSIVE WARRANTY AND LIMITATIONS:
THIS IS THE ONLY WARRANTY GIVEN CONCERNING THE PRODUCT AND IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES. FOAMTEC, LLC MAKES NO OTHER REPRESENTATIONS, GUARANTEES, OR
WARRANTIES OF ANY KIND OTHER THAN THOSE STATED HEREIN AND DISCLAIMS ALL OTHER
WARRANTIES, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, WHETHER BY
STATUTE, AT LAW, OR IN EQUITY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY SUPERSEDES ANY WARRANTIES,
REPRESENTATIONS OR CONDITIONS MADE, ASSERTED OR IMPLIED BY ANY DISTRIBUTOR, DEALER,
AGENT, REPRESENTATIVE OR EMPLOYEE OF FOAMTEC, LLC OR CONTAINED IN ANY FOAMTEC, LLC
BROCHURE, LITERATURE, ADVERTISING, OTHER MATERIALS OR MEDIUM. NO DISTRIBUTOR, AGENT,
REPRESENTATIVE OR EMPLOYEE OF FOAMTEC, LLC HAS THE AUTHORITY TO CHANGE, ALTER, AMEND OR
OTHERWISE MODIFY THIS LIMITED WARRANTY. THIS LIMITED WARRANTY REPRESENTS THE SOLE
REMEDY AVAILABLE TO THE ORIGINAL END PURCHASER OF THE PRODUCT(S) AND FOAMTEC, LLC’S SOLE
OBLIGATION UNDER THIS LIMITED WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF NON-
CONFORMING PRODUCT(S), OR AT THE OPTION OF FOAMTEC, LLC, RETURN OF THE PRODUCT AND A
REFUND OF THE PURCHASE PRICE.
FOAMTEC, LLC WILL NOT BE LIABLE IN TORT, STRICT LIABILITY, CONTRACT, OR FOR ANY OTHER CAUSE,
FOR ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES,
INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, OR DAMAGE TO GOOD WILL OR REPUTATION, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN
REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE,
DELIVERY, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER.
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:
You 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, WE
MAKE NO WARRANTIES OR REPRESENTATIONS, AND WE EXPRESSLY DISCLAIM ANY AND ALL OTHER
WARRANTIES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION ANY: (A) WARRANTY OF
MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE;
AND (D) ALL OTHER WARRANTIES WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
REMEDIES and LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE
CONTRARY, AND SUBJECT TO APPLICABLE LAW, WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING OUT
OF OR RELATED TO ANY PRODUCT OR SERVICES (INCLUDING ADVICE) PROVIDED OR TO BE PROVIDED
UNDER AND/OR RELATED TO THESE TERMS OF SALE (WHETHER SUCH CLAIM OR DAMAGE IS BASED ON
CONTRACT, TORT, STATUTE/LAW OR OTHERWISE) INCLUDING WHETHER THE PRODUCTS OR SERVICES
ARE NON-CONFORMING OR DEFECTIVE OR THERE IS BREACH OF THESE TERMS OF SALE INCLUDING ANY
DELAY IN PERFORMANCE OR NON-PERFORMANCE RESPECTING THESE TERMS OF SALE OR ANY PORTION
THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
CLAIM 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 THE
PURCHASE PRICE ASSOCIATED WITH SUCH PRODUCT; WE SHALL IN NO EVENT BE LIABLE FOR LOSS OF
PROFIT, BUSINESS CONTRACTS OR REVENUE, DOWNTIME, SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PENAL DAMAGES WHETHER FOR CONFORMING, NON-CONFIRMING PRODUCTS OR
SERVICES OR ANYTHING RESPECTING THESE TERMS OF SALE. OUR LIABILITY FOR FAILURE OF ANY
PRODUCT TO MEET OUR WRITTEN PERFORMANCE SPECIFICATIONS, IF ANY, SHALL BE LIMITED TO
ACCEPTING THE RETURN OF PRODUCT IF MADE WITHIN THE WARRANTY PERIOD AND TO REPAY OR
CREDIT THE PURCHASE PRICE. YOU ARE RESPONSIBLE FOR THE COSTS OF TRANSPORTING DEFECTIVE
AND REPLACEMENT PRODUCTS.
CUSTOMER RESPONSIBILITY: Foamtec, LLC, its agents, affiliates, suppliers or employees shall be held
harmless from any and all claims as a result of injury, damage or wrongful installation to an ultimate user
or other person caused by the product sold hereunder, whether the injury or damage results from the
assembly, installation, operation, shipment, storage or manufacture of this product. Please consult local
building codes prior to installing the products.
PRODUCTS AROUND FIREPLACES: Although our products are incredibly realistic, keep in mind that they
are not real brick, stone or rock products, they are manufactured utilizing high density Polyurethane and
have similar burning characteristics to real wood and should be considered combustible. Foamtec, LLC
offers a Class-A Fire Rated Polyurethane which must be requested at the time the order is placed. Class-A
Fire Rated building materials are required on most commercial buildings to allow the occupants time to
evacuate a structure safely. This is accomplished by reducing the amount of time a flame spreads across
the building material and the reduction in smoke density developed in accordance with ASTM=E84
Standard Method of Testing for Surface Burning Characteristics of Building Materials in accordance to UL
723, ANSI/NFPA No. 255 and UBC No. 8-1 by an independent laboratory. Most of our products can be
used around a Fireplace opening/insert, and/or Stove, provided you follow the Fireplace Insert/Stove
Manufacturer’s specifications for required clearances. When using our products around an open hearth
where 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 is
selected with a thickness over 1 1⁄2”, an additional 1” of non-flammable border must be added for every
1/8” 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 code
that applies to you. Our products are not intended to be used on the hearth. The hearth must be
constructed using a non-combustible surface such as marble or stone per local and national building
codes. Our products are not suitable for the inside of your fireplace/firebox. Other than this, our
standard products can be utilized with the same clearances observed as the Fireplace/Stove
manufacturer recommends for any decorative building materials that are considered combustible. You
must adhere to any, and all, national and local building and/or fire codes concerning combustible
building 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 or
cobwebs. A mild liquid dishsoap or natural cleanser mixed with water can also be used. Please refer to
the “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 back
and forth from the highest point working your way down, allowing dirt to drip down to the ground. This
process might take several passes. A mild liquid dishsoap or natural cleanser mixed with water can also
be 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. While
coatings are formulated to withstand the natural elements, normal wear and tear can be expected and
may require periodic maintenance. Some degree of fading may occur depending on the level of sun
exposure, regionality and other environmental conditions. To help minimize the natural fading that will
occur over time, we recommend that a light coating of surface applied UV topcoat be applied every 3 – 5
years based on the product’s exposure to the sun. Additionally, you should inspect your panels and
beams annually for any color variation. If you find any areas where the color is fading, they should be
touched up to protect the high-density polyurethane from UV exposure.
DO NOT USE
Abrasive cleaners
Acetone
Ammonia or products containing ammonia
Magic Erasers
Abrasive pads
Acidic or Alkali based cleaners
Bleach or products containing bleach
Power washers
High-pressure nozzles
Scrub Brushes
Brooms
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.
