Terms and Conditions
1. Definitions
In these Terms and Conditions ("Terms"), the following definitions apply:
"Company" refers to Buffalo Felt Products Corp., the seller of goods or services.
"Buyer" refers to the individual, firm, or entity purchasing goods or services from the Company.
"Goods" refers to the products, materials, or equipment supplied by the Company.
"Order" refers to the Buyer's purchase order or agreement to purchase Goods or services.
"Contract" refers to the agreement between the Company and the Buyer, including these Terms.
2. Acceptance of Terms
All sales of Goods or services by the Company are subject to these Terms, which supersede any
prior agreements, proposals, or terms provided by the Buyer unless expressly agreed in writing
by the Company. By placing an Order, the Buyer agrees to be bound by these Terms.
3. Orders and Specifications
3.1. All Orders are subject to acceptance by the Company. The Company may reject any Order at its sole discretion.
3.2. The Buyer is responsible for providing accurate Order details, including specifications, tolerances, quantities, and delivery instructions. The Company is not liable for errors in Buyer-provided information.
3.3. The Company reserves the right to make minor modifications to Goods to comply with industry standards or enhance performance, provided such changes do not materially impact functionality.
3.4 Since many of the components of the goods are wool and other fibres there may be some variation in color, appearance, composition, weight and dimensions. The seller makes no representation, covenant or warranty, express or implied, regarding the suitability of the product when used in conjunction with other material or
processes and bears no responsibility for any failure of the final product.
3.5 The Company may, at its discretion, over ship Goods by up to 10% of the ordered quantity to account for manufacturing or packaging efficiencies. The Buyer agrees to accept and pay for such over shipped quantities, and the Company will invoice accordingly, unless agreed upon prior to an order and documented on the purchase order.
4. Pricing
4.1. Prices quoted by the Company are valid for 30 days unless otherwise stated in writing.
Prices exclude taxes, duties, shipping, and handling costs unless explicitly included. 4.2. The Company may adjust prices due to unforeseen increases in costs (e.g., raw materials, labor, tariffs) with prior notice to the Buyer.
5. Payment Terms
5.1. Payment is due within 30 days of the invoice date unless otherwise agreed in writing. Late payments will accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.2. The Company may require advance payment or additional security for any Order at its discretion.
5.3. The Buyer may not withhold or offset payment due to disputes or claims without the Company’s written consent.
6. Delivery
6.1. Delivery dates are estimates and not guaranteed. The Company is not liable for delays
caused by events beyond its reasonable control, including supply chain issues, labor disputes, or force majeure.
6.2. Unless otherwise agreed, all goods are sold F.O.B plant of the seller.
6.3 Cargo insurance will be applied to all shipments organized by both company or buyer. A flat fee will be applied to cover the cargo insurance rates. The insurance will cover the value of the shipment and be paid back to the company to replace any loss or damaged goods. If the buyer refuses the insurance, then the risk of loss or damage passes to the Buyer upon delivery to the carrier. Refusal must be received in writing at time of purchase order placement.
6.4. The Buyer must inspect Goods upon receipt and notify the Company of any damages, shortages, or loss within 7 days of delivery.
7. Title and Risk
7.1. Title to the Goods remains with the Company until full payment is received.
7.2. Risk of loss or damage transfers to the Buyer in accordance with the agreed delivery terms.
8. Warranty and Returns
8.1. The Company warrants that Goods will conform to agreed specifications and be free from defects in material and workmanship for 12 months from the date of delivery, provided the goods are used and maintained properly.
8.2. The Company’s sole obligation under this warranty is, at its option, to repair, replace, or refund the purchase price of defective goods. Warranty claims must be reported within 30 days of discovering the defect.
8.3. This warranty does not cover defects resulting from misuse, improper installation, unauthorized modifications, or normal wear and tear.
8.4. Unless explicitly stated in these Terms, the Company provides no other guarantees
or assurances about the Goods, whether express or implied, including any guarantees of
suitability for a specific purpose or marketability.
8.5. If a customer would like to return an order
9. Limitation of Liability
9.1. The Company’s total liability for any claim arising from or related to the Contract, whether in contract, tort, or otherwise, shall not exceed the purchase price of the Goods or services involved.
9.2. The Company is not liable for indirect, incidental, consequential, or punitive
damages, including loss of profits, revenue, or production, even if advised of the possibility of such damages.
10. Force Majeure
The Company is not liable for failure to perform due to events beyond its reasonable control, including natural disasters, war, government actions, labor disputes, or material shortages. In such cases, the Company may suspend performance or extend delivery timelines without
liability.
11. Intellectual Property
11.1. All designs, specifications, drawings, and technical data provided by the Company remain its property and may not be used, reproduced, or disclosed without prior written consent.
11.2.
The Buyer warrants that any specifications or designs it provides do not infringe third-party intellectual property rights and shall indemnify the Company against any related claims.
12. Termination
12.1. The Company may terminate any Order or Contract if the Buyer fails to make payment, becomes insolvent, or materially breaches these Terms.
12.2. Upon termination, the Buyer shall pay for all Goods delivered, in production, or for costs incurred by the Company.
13. Governing Law and Dispute Resolution
13.1. These Terms and any Contract are governed by the laws of New York State, excluding its conflict of law rules.
13.2. Disputes arising under these Terms shall be resolved through negotiation or, if necessary, in the courts of New York State. The parties may agree to mediation or arbitration as an alternative.
14. Confidentiality
The Buyer shall treat all non-public information provided by the Company, including pricing, designs, and technical data, as confidential and shall not disclose it to third parties without written consent.
15. Miscellaneous
15.1. These Terms constitute the entire agreement between the Company and the Buyer,
superseding all prior communications or agreements.
15.2. No waiver of any breach of these Terms shall constitute a waiver of any subsequent breach.
15.3. If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.
15.4. The Buyer may not assign its rights or obligations under the Contract without the Company’s prior written consent.
16. Returns of Non-Defective Goods
16.1. If the Buyer wishes to return raw material which has not been fabricated into a finished product, that is free of defects and conform to the Order specifications, such returns are subject to the Company’s prior written approval.
16.2. Approved returns of non-defective Goods will incur a restocking charge of 35% of the original purchase price to cover handling and processing
costs.
16.3. Returned Goods must be unused, in their original packaging, and in resalable
condition. The Buyer is responsible for all return shipping costs unless otherwise agreed in
writing by the Company.
16.4. Returns must be initiated within 30 days of delivery, and the Buyer must contact the Company to obtain a return authorization before shipping the Goods.
16.5. all returns are based on the Company’s discretion
CONTACT INFORMATION
Questions about the term and conditions should be sent to us at marketing@brandfeltgroup.com.
Our contact information is posted below:
Brand Felt Group
salescanada@brandfeltgroup.com
2559 Wharton Glen Ave, Mississauga, ON
L4X 2A8
(905) 279-6680
