TERMS AND CONDITIONS OF SALE

PAYMENT TERMS: All U.S. sales require pre-payment in full unless alternate terms are authorized prior to order processing. Customers may request alternative payment terms conditional upon approval by Newton’s Fire & Safety. In the event credit terms are granted, payment terms are Net 30 days. Subject to late payment charge of one and one-half percent (1 ½%) per month.

MINIMUM CHARGE: No minimum order limitations.

SPECIAL ORDERS: We sell many items customized to specification (e.g., leather fire helmets, leather helmet shields, etc.) that are not carried in stock. After an order in this category has been accepted and placed in process of manufacture, no cancellations or returns will be accepted.

RETURNING/EXCHANGING GOODS: All returns must be approved prior to acceptance. Material returned without prior Return Authorization may be refused. Material must be returned in its original condition and original packaging. If your product is not found in its original condition, the item will be refused. Acceptable returns must be made within 30 days of delivery date. Please contact Newton’s Fire & Safety for the proper return procedure. Non-Returnable Products: Custom orders or products (including custom sized bunker gear, leather helmet shields, badges, embroidered items, etc.) are not returnable. Only product defects or customization mistakes are returnable.

If you return a product for a size or style exchange, we recommend that you use a trackable shipping method and insure products you plan to return, as we are not responsible for lost or damaged items during the return shipment.

Customer is responsible for all return and exchange shipping fees.

RESTOCKING FEE: Accepted materials returned in their original condition may incur up to a 25% restocking charge. Customer is responsible for all return shipping fees.

PRODUCT REPAIRS: Products returned for repair do not require prior authorization. Products for repair should be shipped to: Newton’s Fire & Safety Equipment, Inc., Attention Repairs, 2724 Darrell Newton Drive, Swepsonville, NC 27359. If you have any questions about product repairs, call our office at: 800.672.5918.

SHIPPING/FREIGHT CHARGES: All Purchases are F.O.B. Origin regardless of discount structure. Freight Free (F.O.B. Destination) shipments can be obtained with a minimum volume/quantity order for a single shipments to one location (order size varies by product; prior approval is required for Freight Free orders).

DISCREPANCIES: Any shortage or error in shipment should be reported to us within 10 days of receipt of goods. LOST GOODS IN TRANSIT: Any claims for loss of truck shipments shall be the responsibility of the buyer and should be promptly reported to carrier. Any claims for loss of small package shipments should be promptly reported to Newton’s Fire & Safety. These claims are subject to limitations of the carrier.

DAMAGED GOODS: Damaged product must be promptly reported to the carrier and Newton’s Fire & Safety. Failure to notify both parties shall place the burden of settlement and negotiation on the buyer. Damaged product returned to Newton’s Fire & Safety should be sent by the same carrier that delivered the goods.

TAXES: All prices and quotations exclude applicable Local, State, and Federal sales and excise taxes. ALL ORDERS or parts thereof and all directions for shipment are subject to acceptance by Newton’s Fire & Safety. ALL PRICES ARE FIRM PROVIDED IMMEDIATE DELIVERY IS ACCEPTABLE.

WARRANTY AND DISCLAIMER: THE BUYER’S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT’S MANUFACTURER. NEWTON’S FIRE & SAFETY MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER’S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”

RECOMMENDATIONS BY SELLER: If technical assistance or advice are offered or given to the Customer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

ALL PRICES, TERMS, AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.