PRICES.

Prices are only guaranteed on orders with a delivery date less than thirty (30) days from acceptance and on the earliest filled portion of a bulk order. CFM Global has the right to increase the price without notice at any time on all orders requesting a delivery date greater than thirty (30) days from date of acceptance and on any unfilled portions of a bulk order to account for increased production costs. A price increase change shall apply to orders with a delivery date greater than thirty (30) days, as well as on any unfilled portion of a bulk order, in whole or in part, at the effective time of such change.

All prices are exclusive of all sales, use and excise taxes, and other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes.

SHIPPING.

Shipping dates are only an estimate and are non-binding and time of delivery is not of the essence. CFM Global shall not be liable for any delays, loss, or damage in transit.

Shipping locations are subject to change at the discretion of CFM Global. Should Buyer request expedited delivery, the price of the product will remain fixed, but there may be price adjustments to account for expedited shipping and freight charges. If the production point is moved based on CFM Global’s needs, the price will be based upon the assumption that the product was made at the original location.

All orders are shipped F.O.B. Factory. When buyer arranges freight, buyer assumes all responsibility for lost or damaged product once product is handed over to shipper.

All orders that are processed and available to ship, but delivery has been postponed by the customer, will be invoiced no later than ten (10) days after the customer has been informed that the order is ready. If the product is loaded onto a CFM Global trailer, demurrage fees may be assessed at CFM Global’s sole discretion.

Additional fees: Convenience fees may apply. Check with your representative for more information.

ORDER CANCELLATION.

Orders cannot be cancelled once the product is scheduled for production.

QUALITY CONTROL.

CFM Global has robust quality control processes in place, however, variability is present in all manufacturing processes. The manufacturing processes associated with filtration media may create fluctuations from published performance standards; as such, CFM Global cannot be held to exact performance standards.

RETURNS.

Only products shipped in cardboard boxes are eligible for return. Only product that arrives at CFM Global in new and unused condition in the original package within thirty (30) days of the shipment date will be eligible for a refund, less a twenty-five percent (25%) restocking charge. After thirty (30) days, new and unused boxed products will be accepted for up to two (2) months from the original shipment date with a fifty percent (50%) restocking charge. Returned products must be shipped prepaid by Buyer.

Product that arrives damaged may also be charged an additional recovery fee to replace packaging. After two (2) months from the original shipment date, CFM Global will not accept any returned products. Under no circumstances will items shipped in bags be eligible for return. Custom products cannot be returned unless deemed defective due to manufacturing issue.

WARRANTIES.

CFM Global makes no warranties with respect to the products (including any uses thereof), that it provides, including but not limited to (a) warranty of merchantability, or (b) warranty of fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. CFM Global shall in no event be liable for any special, incidental, or consequential damages regardless of the cause. CFM Global’s liability shall be limited to the replacement of the products or payment of the cost of replacing the products.

ALL PRODUCTS MEET OR EXCEED PUBLISHED PHYSICAL STANDARDS AT THE TIME OF PRODUCTION, PRIOR TO PACKAGING. AS SUCH, CFM GLOBAL MAKES NO WARRANTIES WITH RESPECT TO LOFT, THICKNESS, LENGTH, OR WIDTH FOR ANY PRODUCT SHIPPED UNDER COMPRESSION.

LIMITATION OF ACTION.

Any action based upon an alleged breach of warranty must be commenced within twelve (12) months from the date that Buyer knew or should have known of the alleged defect or breach. Any other action against CFM Global must be commenced within twelve (12) months from the time the cause of action accrues unless the period for action is extended by CFM Global in writing.

FORCE MAJEURE.

Neither party will be liable for or will be considered to be in breach of this agreement (other than payment obligations) to the extent performance is prevented or delayed by a Force Majeure Event. A “Force Majeure Event” includes any occurrence or event beyond the reasonable control of a party, including, without limitation: acts of nature (e.g., flood, earthquake, or storm); war or terrorism; civil commotion or riot; epidemic or pandemic (e.g., COVID-19); destruction of facilities or materials; fire or explosion; labor disturbance or strike; laws, regulations, directives or orders of any government, regulatory or judicial authority; embargo, shortage of raw materials or labor; equipment failure; or failure of public utilities or common carriers. For clarity, the inability of a party to meet its financial obligations is not a Force Majeure Event. If any Force Majeure Event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event. Dates by which performance obligations are scheduled to be met will be extended for a period equal to the time lost due to any delay caused by a Force Majeure Event.