Terms & Conditions of Sale

Updated February 2020

Use of this website or submission of a Purchase Order to Fire Farm, Inc. for fulfillment is an agreement and acceptance by purchaser that Fire Farm Terms and Conditions of Sale shall govern all other policies unless accepted in writing by Fire Farm. Inc.

Fire Farm, Inc. reserves the right to establish or modify the general published Terms and Conditions for specific customers or purposes at its sole discretion. These terms and conditions are subject to change from time to time without prior notice. After such a change, your use of the website or purchase of products from Fire Farm, Inc. constitutes your agreement to be bound by the changed terms and conditions. You should therefore be sure to review these terms and conditions each time you log on to our website or before you place an order for products from Fire Farm Inc.

Sales Orders

None.

Purchase Orders require a 50% Non-Refundable Deposit and approval of all shop drawings and/or specifications by purchaser to initiate production. Balance including freight estimate, is due prior to shipment.

Price quotations are valid for 30 days.

All prices, professional discounts and payment terms are in US Dollars and are subject to change without prior notification. Fire Farm, Inc. reserves the right to provide special or unique pricing for any product or customer at its sole discretion.

An Order Acknowledgment or Shop Drawings will be sent out after receipt of purchase order. Customers must review and notify Fire Farm of any corrections to acknowledged orders within 24 hours.

Upon receipt of Purchase Order and deposit Fire Farm will produce shop drawings as needed for approval prior to the initiation of production.

Fire Farm Products are made in Elkader, Iowa, USA.

Production lead time is subject to many variables and is not guaranteed but generally runs 8 to 9 weeks. Custom orders may take longer as specified in the quotation. Expedited production upon approval as capacity allows is subject to a 25% rush fee. Rush fees are due with deposit to initiate expedited production. Expedited production times subject to Fire Farm, Inc. receiving PO, shop drawing approvals, deposit and rush fee by the date specified by Fire Farm, Inc. as the cut-off date for meeting the client’s due date. Please contact our factory if shipping deadlines are a con

Change orders after approval of specifications, if approved by Fire Farm, Inc., will incur a 25% fee in addition to any additional production costs.

In the instance where an incomplete order is shipped, back-ordered items will remain open and will be shipped as they are ready unless cancelled in writing by the customer prior to shipment.

Orders can be cancelled at any time and are subject to forfeiture of the 50% non-refundable deposit.

All billing is in US Dollars. Payments by company check, and wire transfer are accepted. Overdue accounts are subject to a $50.00 late payment fee and the application of finance charges equal to 1.5% APR of the open amount to be applied monthly. Credit privileges may be revoked on overdue accounts. A $100.00 service charge will be applied to account for returned checks.

Fire Farm, Inc. is required to collect sales tax on orders shipped in Iowa and California. If you have a State re-seller certificate, then you qualify for tax exempt status and will not be charged sales tax for shipments to Iowa or California. To establish exemption eligibility, your certificate must be submitted prior to the purchase of the product.

Fire Farm, Inc. reserves the right to refuse and/or cancel any order at any time at its sole discretion.

Fire Farm, Inc. retains the right to reproduce in part or in whole any design submitted for fabrication and customer agrees that fulfillment of the sales order by Fire Farm, Inc. constitutes an agreement to grant Fire Farm, Inc., of all worldwide rights, titles and interests in any intellectual property rights which may exist in the submission. As a result, Fire Farm, Inc., is entitled to use any material which is submitted for any purpose and without compensation. Orders for designs initiated or engineered by Fire Farm, Inc.do not constitute an agreement or transfer of any rights or ownership to customer.

Customer pre-approves and agrees to allow Fire Farm, Inc. to use any images or marketing assets of product installations featuring products fabricated by Fire Farm, inc. for its own marketing purposes unless otherwise specified in writing.

Shipping

Please note we cannot ship to Post Office Boxes.

Orders ship FOB/FCA Elkader, Iowa, USA (customer is responsible for all freight charges and takes ownership once the product leaves our facility).

We do not ship on weekends or holidays.

Small items ship by UPS. Larger size or volume orders ship by freight. Freight coordination and scheduling is provided as a courtesy to our customers, however customer may make their own shipping arrangements

Packaging costs are included in the price of the product unless otherwise specified.

Fire Farm, Inc. shipping charges are calculated at the time of packaging and are included in the balance Pro Forma Invoice as a separate line item. Charges are based upon the service requested, dimensions, weight and destination zone of the product ordered at the time of shipment. Shipping charges are the responsibility of the client.

Thirty (30) days storage included from the date of packing. Extended storage may be available with prior written approval and is billed at 5% of or order total per day beginning the 31st day from date of packing. Storage fees are due on the last day of the month of the storage period and/or prior to shipment.

Orders not shipped within 30 days of packing and not subject to Fire Farm, Inc approved storage agreement will be considered abandoned and customer will be billed for order balance due plus disposal fees.

Warranty & Returns

Fire Farm Inc. warrants its products for a period of one (1) year from date of original purchase against manufacturing defects. Fire Farm agrees to repair, replace or refund defective product at its sole discretion. Fire Farm, Inc.’s limited warranty only covers products installed and maintained in accordance with the instructions provided and no warranty is made with respect to any of our products that are otherwise installed or maintained. Defects or failures arising during shipment or due to alteration, misuse, negligence, repair, accident, theft, defective maintenance, damage by and actions of others, acts of God, or where adequate care has not been taken to prevent damage to the product shall not be covered by this warranty. The warranty does not cover products that have been exposed to toxic, nuclear, or corrosive environments, or where operating temperatures fall below -40 degrees C or exceed +100 degrees C. Due to the unsuitability of many cleaning agents such aspects of our products as could be damaged by their use, for example glass finishes, metal meshes, paper and cloth shades are specifically excluded from the terms of this warranty. This warranty does not cover labor, shipping costs, removal or installation, nor does this warranty cover any product not expressly designated an OEM product when it is used as a component of and/or a finished good for a manufactured primary product without the prior written approval of Fire Farm, Inc. Modifications or alterations to Fire Farm, Inc. products voids this warranty and Underwriters Laboratories certification.

This warranty covers, and Fire Farm, Inc. is liable for only that warranty coverage and damages specifically detailed above. Except as may otherwise be required by law, Fire Farm, Inc. shall not be liable for indirect, incidental or consequential damages, even if Fire Farm, Inc. has been advised of the possibility of such damage. This disclaimer applies during and after the warranty period.

If you discover a defect or malfunction during the period to which this warranty applies, repair or replacement is subject to the proper notification and consent of Fire Farm, Inc. as indicated by the issuance of a Returned Merchandise Authorization (RMA) number.

Fire Farm, Inc. and its suppliers shall not be liable for any indirect, special consequential or incidental damages including, without limitation; lost profits or revenues, costs of replacement, installation, or reinstallation, loss or damage to goods or services and/or resulting from use of or reliance on information provided by Fire Farm, Inc. arising from the use and installation of Fire Farm Products even if Fire Farm, Inc. or its suppliers have been advised of the possibility of such damages. Placing an order with Fire Farm, Inc, the purchaser agrees and accepts the published Terms and Conditions of Fire Farm, Inc and agrees to indemnify and hold harmless Fire Farm Inc and its ownership from and against all claims, damages and expenses, including but not limited to attorney fees, arising out of acceptance or installation of products made by Fire Farm, Inc.

Defective components will be replaced by Fire Farm, Inc. as outlined by the above warranty.

Fire Farm, Inc. products are FCA/FOB Elkader Iowa. For transit-related damage, you must Document and immediately notify carrier and Fire Farm prior to acceptance of shipment. Please file the claim directly with the carrier. You must keep all packing materials for carrier inspection and photograph the shipment packaging as it was received as well as the damage to the contents within if opened.

Fire Farm products are made to order specifically for the client and are not eligible for returns without prior written consent and may be subject to a restocking fee. Credits applied to a customer’s account may be applied to open invoices and are subject to expiration one year from the dater of posting.

Credits applied to a customer’s account may be applied to open invoices and are subject to expiration one year from the date of posting.

Website Use, Security & Privacy Policy

All content included on this website, such as product design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fire Farm, Inc. and protected by United States and international copyright laws. Fire Farm, Inc. retains the right to reproduce in part or in whole any design submitted for custom fabrication.

The compilation of all content on this website is the exclusive property of Fire Farm, Inc. and protected by U. S. and international copyright laws. All software used on this site is the property of Fire Farm, Inc. or its software suppliers and protected by United States and international copyright laws.

Fire Farm, Inc. grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fire Farm, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fire Farm, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Fire Farm, Inc. and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Fire Farm, Inc. name or trademarks without the express written consent of Fire Farm, Inc. Any unauthorized use terminates the permission or license granted by Fire Farm, Inc. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Fire Farm, Inc. so long as the link does not portray Fire Farm, Inc. its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fire Farm, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

You may submit any images, inquiries or comments to us at: Fire Farm, Inc., Customer Service, PO Box 458, Elkader, Iowa 52043. All submissions shall be and remain the exclusive property of Fire Farm, Inc., and such submissions constitute an agreement to Fire Farm, Inc., of all worldwide rights, titles and interests in any intellectual property rights which may exist in the submission. As a result, Fire Farm, Inc., will be entitled to use any material which is submitted by you for any purpose and without compensation to you in any way.

Fire Farm, Inc. attempts to ensure that the content on this website is complete and current. As indicated in the disclaimers set forth below, Fire Farm, Inc. does not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Fire Farm, Inc. reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you. Further, Fire Farm, Inc. reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase, and your order is canceled, Fire Farm, Inc. shall issue a credit to your credit card.

All content used on this website, including, but not limited to, any advice that may be given to you over this website is at your own risk. Fire Farm, Inc. disclaims, and you hereby waive, any and all warranties and liabilities of Fire Farm, Inc., whether express or implied, arising by operation of law or otherwise, with respect to this website and any content on this website, including, but not limited to, any: (A) implied warranty of merchantability or fitness for a particular purpose; (B) implied warranty and (C) claim in tort (including negligence of non-infringement).

In no event shall Fire Farm, Inc., its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of this website or any content on this website, even if Fire Farm, Inc. or its representative has been advised of the possibility of such damages without limiting the foregoing. You acknowledge that Fire Farm, Inc. does not represent or warrant that this website will be accessible without interruption or that this website or the server that makes this website available are free of errors, defects, design flaws, omissions, viruses or other harmful components.

If you are dissatisfied with this website and the content therein, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this website. Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

This website may contain links to other sites that are neither owned nor operated by Fire Farm, Inc. (although some such sites may have an affiliation with Fire Farm, Inc.), collectively called “Third Party Sites”. Such links are provided for your convenience only. Fire Farm, Inc. makes no representations whatsoever about any Third-Party Sites, which you may access through this website, as Fire Farm, Inc., has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third-Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third-Party Site. No rights to use or copy the information on this website or the Third-Party Site is granted or implied. Please Note: The privacy policies applicable to Third Party Sites may differ significantly from Fire Farm Inc. Customer Information Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

The laws of the State of Iowa govern these disclaimers and the terms and conditions set forth above without giving any effect to any principles of conflicts of law.

You agree to defend, indemnify and hold Fire Farm, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees arising from or related to your use of this website.

Protecting the online privacy of the very young is especially important. For that reason, Fire Farm, Inc. voluntarily complies with the Children’s Online Privacy Protection Act of 1998 and the US Federal Trade Commission’s Children’s Online Privacy Protection Rule. (16 C.F.R. Part 312). We neither collect nor maintain information at our site from those actually known to be under the age of 13, nor is any part of our site directed to children under the age of 13.

In a few areas on our website, we ask you to provide information that will enable us to enhance your site visit or to follow up with you after your visit. It is optional for you to participate. We receive your information when you:

Place an order
Subscribe to regularly scheduled e-mails
Sign up for one of our services
Participate in a sweepstakes or other promotional offer
Provide feedback in an e-mail

We may ask for your name, e-mail address, phone number, address, age, type of business, customer number, credit card number and expiration date. We may also request personal preference information that is needed to register or subscribe you to services or offers, or make product recommendations.

Information about our customers is an important part of our business, and we do not sell it to others. Name, address, phone number, customer number, and credit card information are used to ship and bill orders and for future marketing purposes. In addition, phone number and customer number are used in case there is a problem with your order and customer service needs to contact you. In any communication, be sure to include your name, mailing address, and customer account number.

We also gather data on visitors’ movements through our sites. This information is used to improve our service to you and to administer our websites. Data on visitors’ home servers is aggregated for internal review. The aggregate information on what pages are visited is used to improve the site content and also for error tracking purposes related to the functioning of the site.

Persons who communicate with Fire Farm, Inc. and therefore supply Fire Farm, Inc. with an e-mail address may receive future communications from us by e-mail. You can unsubscribe at any time by e-mailing your request to Contact@FireFarm.com. Simply state “Unsubscribe” in the body of the message.

Finally, please note that we also offer links to other third-party sites and services. Be aware that these outside parties operate under their own privacy and security policies, and Fire Farm, Inc. has no responsibility or liability for these independent policies or actions. All internal/external Fire Farm, Inc. parties, such as employees, agents, and contractors are similarly bound by these privacy and security policies.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password.

Encryption is a process by which we use software to scramble sensitive information while it is in transit to Fire Farm, Inc. We use Secure Socket Layering (SSL). SSL technology is the industry standard for secure online transactions. It is based on a key that has two different parts: public and private.

The public part of the key is distributed to those you want to communicate with. The private part is for recipients’ use only. When you send personal information to us, you use our public key to encrypt your personal information. That means if your information is intercepted during the transmission, it is scrambled and very difficult to decrypt. Once we receive your encrypted personal information, we use the private part of our key to decode it.

To check the security of your connection, look at the lower left-hand corner of your browser window when you proceed to checkout. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL line of your browser. If you have accessed a secure server, the first characters of the site’s address should change from “http” to “https”. All your ordering information — including your name, address and credit card number — is encrypted using a secure server for maximum security. Your credit card and billing information cannot be read as it travels to our ordering system.