Fortified Estate Terms and Conditions
All transactions with Fortified Estate LLC are governed by our “Terms and Conditions of Sales” Including price quotations, sales, and credit card payments, as listed below!
Export Control. The United States Government controls the export of some of our products, services and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.
We have a long standing policy of NOT providing ANY Price Quotations or Sales to persons or countries that are on the US State Departments list of counties that sponsor terrorism:
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Liberia, Sierra Leone, the UNITA faction in Angola, Syria and Burma [Myanmar] and others.
The Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations and international narcotics traffickers based on U.S. foreign policy and national security goals. OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.
This site is controlled and operated by Fortified Estate LLC. Jurisdictional Issues: This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any action we, or, any third party bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the State or Federal Courts located in the State of Delaware, and you expressly consent to the jurisdiction of said courts. You also expressly consent to pay for any reasonable Attorneys fees’ for action we, or, any third party bring to enforce, or defend this agreement or, in connection with, any matters related to this site, or sales. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Fortified Estate LLC with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of Fortified Estate LLC.
Warranties / Damage Claims:
Products sold on our site are potentially warranted for defects by the manufactures of the products! Product warranties may vary depending on the product. In all cases you must contact the manufacturer of the product or the shipping company used to seek damage claims.
Product Returns: ARE NOT accepted without our expressed written permission.
Cash Refunds. We do not offer cash refunds. Products returned can be exchanged for the same product only, if found defective. Any other funds owed to our customers will be in the form of credit to future purchases only. All products deemed defective must be returned to our manufacturers.
Warranties. Fortified Estate LLC does not warrant the products sold hereunder to be fit for any particular purpose and the BUYER shall assume all risk and liability for results obtained by use of whether singly or in combination with other materials or products. Inasmuch as Fortified Estate LLC has no control over the end use to which others may put the materials it does not guarantee that the same results as those herein will be obtained and disclaims responsibility for any consequential damages or death that may occur as a result of such use. Fortified Estate LLC is not responsible for delays in manufacturing and or shipment. We do our best to ship in the time frame listed in our price quotations, or invoices, however delays may occur , please plan accordingly.
Damage Claims. Fortified Estate LLC uses only Major Reliable and Reputable Shippers, [I.E. FedEx, FedEx Ground, UPS, DHL, Yellow Freight, Roadway, etc.] but occasionally shipping damage does occur. Resolving the problem of shipping damage or loss depends on the cooperation of ALL parties: [Shipper, and Customer] Fortified Estate LLC makes every effort to ensure that your shipment arrives on time and in good condition and when a claim arises, we work with our customers to satisfy all parties. However Freight Damage Claims MUST be made against the shipper and NOT with Fortified Estate LLC and it is the customers responsibility to do so.
It is imperative that the following guidelines are used:
- Immediately inspect your shipment and the packing slip upon arrival. If damage or loss is apparent upon delivery, do not accept the shipment until you make a notation of the damage on all copies of the carrier’s Bill Of Lading. Have the driver sign all copies to acknowledge the notation. (This is very important)
- In the event you have signed for a shipment and there is concealed damage: do not throw away the shipping crate, packing materials or cartons or there will be NO basis for a Claim. Contact the shipper immediately.
- Even if the driver acknowledges the damage in writing, an inspection by the shipper may have to take place. So, please do retain all the merchandise, cartons, and packing materials at the address to which shipment was made until the shipper authorizes further action. Any photographs that record the date on which they were taken will help to speed the claim process.
- Please advise Fortified Estate LLCimmediately of ALL damage. Do not return merchandise to Fortified Estate LLCFile your claim by calling the shipper. Again, please keep all packing materials and boxes with the damaged product. Do not throw anything away until the claim is settled. Fortified Estate LLC is not responsible for freight charges involved, nor does it accept liability for freight damage, or the repair or replacement cost.
Purchase Orders. All purchases must be accompanied by a signed Purchase Order. Purchase Orders sent to Fortified Estate LLC constitute a legally binding contract and may not be canceled without our expressed written permission. Purchase Orders that are canceled are subject to a cancellation fee equal to our lost profit for the total order and for products manufactured to the cancellation date, production costs, molds or tooling made, product design and our attorneys fees, if any. All Purchase Orders are subject to OUR Terms and Conditions. Customers in default of our terms agrees to pay for any and all attorneys fee necessary enforce this agreement.
Conditional Purchase Orders or Purchase Orders with Performance Penalties, Charge Backs of Fright Charges or other Financial Penalties are NOT Permitted by Fortified Estate LLC OUR Terms and Conditions, are the only terms we recognize in a order submission, regardless of a customers terms. Fortified Estate LLC performance / fulfillment of the customer’s order , is not an acceptance of the customers terms.
Deposits / Payments: are not refundable.
Product Returns: are not accepted with out our expressed written permission.
Product Return Shipments / Payments: are the responsibility of the customer.
Product Substitutions: We reserve the right to substute a product with the same or higher ballistic level of protection, if the product that you have ordered is out of stock, or back ordered, regardless of thickness or weight.
Due to the protective nature of our products: Fortified Estate LLC will at its sole discretion replace products defective in manufacture only, providing you follow our return policy described above. unless otherwise noted, all sales are final.
Cash Refunds. We do not offer cash refunds. Products returned can be exchanged for the same product only, if found defective. Any other funds owed to our customers will be in the form of credit to future purchases only.
Credit Card Payments. We accept payments by credit card as courtesy to our customers. If we accept payment by credit card, you expressly agree not to dispute payments for an authorized charge by you, with out first contacting us first to try and resolve any warranty issues Disputing a Credit Card payment does not absolve you of your obligation to pay for an product ordered and delivered. All orders once payment has been made may not be canceled without our expressed written permission.
Credit Terms. We normally require payment in full with all orders. If we do extend credit terms to you, or your company, we do so at our sole discretion and reserve the right to cancel these terms at any time, without notice and to then require payment in full. Canceling credit terms does not relieve you of your obligation to fulfill your purchase. Payment for all international sales are to be by Bank Wire Transfer.
Late Fees. All past due accounts are subject to a late fee of 1.5% interest per month. You also expressly consent to pay for any reasonable Attorney’s fees and court costs for action we, or, any third party bring to collect any past due amounts.
Customer Provided Drawings, Templates, Measurements, Parts, or Parts Numbers:
From time to time it is necessary for the customer to provide Fortified Estate LLC and or it’s manufacturers Drawings, Templates, Measurements, Parts or Parts Numbers to manufacturer products. It is the sole responsibility of the customer to provide correct, accurate drawings, templates, measurements, parts or parts numbers. Fortified Estate LLC and or its manufacturers ARE NOT LIABLE for any mistakes made in the manufacturer of such products. ( If you have any questions contact us before providing anything to us) Products that are manufactured incorrectly from customer provided drawings, templates, parts or parts numbers ARE NOT covered by any warranty and are NOT Returnable, nor subject to a refund regardless of payment method.( No Refunds! )
Non-Circumvention and Confidentiality Agreement:
It is expressly understood that ALL parties doing business with Fortified Estate LLC, whether as buyer or seller, agree to be legally bound to various buy and sell transactions related to our products and services. Whether as agent or otherwise, irrevocably agree not to circumvent, avoid, bypass or obviate, directly or indirectly, with our manufacturers and or suppliers to avoid payment of fees or commissions in any such transaction with any corporation, partnership or individual revealed by Fortified Estate LLC to you. You also expressly consent to not contact our manufacturers and/or suppliers, by phone, fax, e-mail, or by a third party without the specific prior written consent of Fortified Estate LLC.
You also shall not disclose or otherwise reveal to any third party, any confidential, privileged, or classified information provided by Fortified Estate LLC and or our manufacturers and or suppliers, particularly details of assets forming the basis of a transaction, names of the buyer and the seller, addresses, telephone / fax / telex / e-mail address, or other means of access thereto, bank information related to any part of the transaction or parties thereto, details or payment of fees and commissions or any such information, advised by us, without the specific prior written consent of Fortified Estate LLC.
In the event of circumvention, either directly or indirectly, the party being circumvented [Fortified Estate LLC] shall be entitled to a legal monetary penalty equal to the maximum fee or commission it would have normally realizes from such transactions. This payment to which the circumvented party is entitled shall be increased to include all legal expenses and costs incurred in the recovery of this monetary penalty.
Any Ballistic Test Reports, technical drawings, product information, drawings, photos, sent to a customers are considered confidential, privileged, information, that may not be reused, shared , or used in any self-promotion, without our expressed written permission.
This agreement shall be binding upon all parties thereto, their principals, employees and agents, in accordance with the rules of the International Chamber of Commerce Non-Disclosure and Non-Circumvention Rules, latest amendments adopted in Paris, which apply to these transactions.
PLEASE, SERIOUS QUOTE REQUESTS ONLY!
We take your request for our products very seriously, as our products could very well save your life. As much as we would like, we are unable to provide any pricing or information for high school or college class projects.
All quotes good for 30 days. E-mail quotes not confirmed within 48 hours of being sent are void.
All quotation requests must be sent on our “Quotation Request Forms” and must include: Your full name, actual street address (No P.O. boxes or rural routes), city, state, country, zip code, fax and phone numbers and a correct e-mail address.
The above listed personal information is for our confidential records only. It will not be given or sold to any third party. We may from time to time send you a newsletter, which you will have the option to unsubscribe from. However: due to the protective nature of our products and recent world events, we will not provide any price quotations or sales without all of the above required information.
Due to the protective nature of our products: persons supplying any false information to obtain a price quotation or sale may be prosecuted. Quotation requests that contain any false information will not be considered confidential information.
We reserve the right to provide any quotation requests that are submitted with false information to the proper State or Federal Government authorities including the Office of Homeland Security for investigation.
You must 18 years old or older, and out of high school, to purchase any of our protective products or systems. All prices, terms and conditions of sale subject to change without notice! Copyright 2018
Fortified Estate LLC All Rights Reserved.