FISHER AMERICAN LLC STANDARD TERMS AND CONDITIONS
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if Fisher American LLC is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.
Except in those instances where Fisher American LLC and a Customer enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” or “Business Customer” includes individuals, government, institutional, businesses and educational customers. Fisher American LLC reserves the right to revise these Terms and Conditions at any time.
A. SALES POLICY FOR PRODUCTS
1. Business and Individual Customers
Fisher American LLC, Inc. (“Fisher American LLC”) sells its complete offering to Business, Government, Institutional, Educational and Individuals Customers.
2. Prices
A. “Web Prices” displayed on Fisheramerican.com (i) are offered to Customers that do not have other pricing arrangements with Fisher American LLC; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on Fisheramerican.com, by phone, at Fisher American LLC offices or on other 3rd party selling platforms; (iv) unless expressly shown otherwise prices do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
B. Customers that have other pricing arrangements with Fisher American LLC can view their prices and the applicable prices to which discounts, if any, are applied, associated with their Fisher American LLC account. Export orders may be subject to other special pricing.
C. Fisher American LLC reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the quantity of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Fisher American LLC reserves the right to accept or reject any Volume Discount order.
3. Sales Tax
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt.
4. Payment
Fisher American LLC accepts cash, checks, money orders, Visa, MasterCard, Discover, and American Express. Fisher American LLC’s preferred method for Customer’s payment is via Electronic Funds Transfer (“EFT”).
5. Security Interest
Customer hereby grants to Fisher American LLC a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Fisher American LLC. Customer agrees to file, and it permits and authorizes Fisher American LLC to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Fisher American LLC’s lien or security interest.
6. Credit Balance
Customer agrees that any credit balance(s) issued by Fisher American LLC must be used within six (6) months from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after six (6) months or be processed pursuant to state law.
B. DISPUTE RESOLUTION – ARBITRATION
Any dispute of any sort that might arise between Fisher American LLC and Customer, including any matters or disputes relating to or arising from the purchase or use of any product, service, or information offered or made available through Fisher American LLC, or arising from or relating to any communication between Customer and Fisher American LLC or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis and not in a class, consolidated or representative action.
Customer acknowledges and agrees that it is waiving the right to sue or go to court to secure relief. The Federal Arbitration Act and federal arbitration law apply to all disputes between Fisher American LLC and Customer, including any disputes relating to or arising from any purchases made by Customer.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To begin an arbitration proceeding, Customer must send a letter requesting arbitration and describing its claim to Fisher American LLC’s 2501 9th Street, Rockford IL 61104. The proceeding will be conducted in person in Winnebago County Illinois or at another mutually agreed location.
C. FREIGHT POLICY
All Catalog Products and Sourced Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Fisher American LLC and charged to Customer on Customer’s invoice. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. Upon receipt of any equipment from Fisher American LLC customer shall immediately unpack and inspect for damage or shortage. The customer shall not accept a damaged package or a short shipment until the carrier makes a “damage or shortage” notation on both the carrier’s and customer’s copy of the freight bill or delivery receipt. Service title passes when the shipment is loaded, so customer is responsible for filing and collecting a freight claim. If the product is damaged in transit, Customer’s only recourse is to file a claim with the carrier. Any replacement products must be ordered and paid for separately. If Buyer chooses freight collect, shipments will be F.O.B. Origin using carrier designated by Customer.
D. Limited Warranty
1. Products Manufactured by Fisher American LLC: Fisher American LLC, warrants products that it manufactures to be free from defects for a period of 12 months commencing from the date of shipment. This limited warranty covers parts, but not labor, transportation or insurance charges. Fisher American LLC’s sole responsibility is to replace, any part of the product that proves defective or malfunctioning during this time limit. In some cases, components incorporated in Fisher American LLC products are covered by additional warranties from component manufacturers; obtain specific information from Fisher American LLC sales representatives. This warranty is void if the equipment is abused or modified by the customer, is operated outside Fisher American LLC’s operating instructions or specifications or is used in any application other than that for which it is specified. This warranty does not include routine maintenance or service procedures, shipping damage, nor damage from misuse, intentional or unintentional abuse, neglect, natural disasters, or acts of God.
2. Products Manufactured by Others: Fisher American LLC, warrants that, to the best of its ability, Fisher American LLC’s representations of products that are manufactured by others reflect the manufacturer’s representations, subject to change without notice. Sole warranty for these products is the original manufacturer’s warranty that is passed forward to the purchaser and constitutes the customer’s sole remedy for these products. Detailed warranties for distributed products are available through Fisher American LLC sales representatives.
All Claims: Fisher American LLC expressly disclaims all other warranties, expressed or implied or implied by statute, including the warranties of merchantability or fitness for intended use. Fisher American LLC is not responsible for consequential or incidental damages arising out of the purchase or use of the products supplied by Fisher American LLC. Fisher American LLC is not liable for damage to facilities, other equipment, products, property or personnel of others, or of their agents, suppliers, or affiliated parties, which is caused or alleged to have been caused by products supplied by Fisher American LLC. In any event or series of events, Fisher American LLC total liability for all damages whatsoever is limited to the lesser of the actual damages or the original invoice cost of the items alleged to have caused the damage.
E. PRODUCT INFORMATION
1. Catalog/Website Information
Fisher American LLC is a manufacturer and distributor of products. Information about the products in the Fisher American LLC catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Fisher American LLC catalog, literature or websites does not constitute the right to purchase products. Fisher American LLC reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Fisher American LLC catalogs and websites, and Fisher American LLC reserves the right to correct or change such pricing errors without notice. Fisher American LLC further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Fisher American LLC.
2. Product Substitution
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
3. Safety Data Sheets
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. FISHER AMERICAN LLC MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. To request an SDS: email your request to Info@Fisheramerican.com or write to: Fisher American LLC, 2501 9th Street, Rockford IL 61104.
4. California Proposition 65
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov. For identification of products which contain a chemical subject to Proposition 65, go to Fisheramerican.com. Applicable Proposition 65 warning(s), (see below) are provided directly on the Fisheramerican.com product page and upon product purchase.
Warning: This product contains a chemical known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
F. GENERAL TERMS
1. Electronic Data Interchange
If Fisher American LLC and Customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Fisher American LLC and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Fisher American LLC regarding EDI purchases made by Customer shall be deemed to be conclusive.
2. Third Party Payment Provider
If Customer elects to use a third party payment system provider (“Third Party Provider”) and Fisher American LLC is charged fees by the Third Party Provider, Fisher American LLC reserves the right to seek reimbursement from Customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
3. Intellectual Property
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Fisher American LLC, or any IP owned by manufacturers and/or suppliers to Fisher American LLC. All materials contained in Fisher American LLC catalogs or on its web sites are subject to the ownership rights of Fisher American LLC and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of Fisher American LLC or its manufacturers and/or suppliers without Fisher American LLC’s permission.
4. Independent Contractors
Fisher American LLC and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate Fisher American LLC in any manner, nor may Customer represent to anyone that it has the right to do so.
5. Indemnity
Customer shall defend, indemnify and hold harmless Fisher American LLC, Third-Party Providers, and their respective officers, directors, employees, subcontractors and agents (each individually, an “Indemnified Party”) from and against any and all claims, suits, liabilities, damages, settlements, charges, taxes and any other losses or expenses (including reasonable attorneys’ fees) (collectively “Liabilities”) for physical injury to, illness or death of, any third party regardless of status and damage to or destruction of any tangible property which the third party may sustain or incur, to the extent such Liabilities relate to the products and services. In any action, suit or proceeding brought against an Indemnified Party by reason of any such claim as specified above, Customer shall resist and defend such action, suit or proceeding by counsel of its choice, at the sole expense of Customer, provided that (i) the Indemnified Party notifies Customer promptly in writing of the claim; (ii) Customer’s counsel does not give rise to a conflict of interest with respect to the Indemnified Party; (iii) Customer has the sole control of the defense and all related settlement negotiation but shall keep the Indemnified Party reasonably informed of status; and (iv) the Indemnified Party provides Customer with all reasonably necessary assistance, information, and authority to perform the foregoing at Customer’s expense.
6. Sourced Product
Fisher American LLC may procure product not available through Fisher American LLC catalogs or available on Fisheramerican.com for a Customer from the manufacturer or other sources (“Sourced Product(s)”). Sourced Product is priced according to current market conditions on a per order basis and is shipped F.O.B. origin with all freight and handling fees paid by Fisher American LLC and charged to Customer. No cancellations, refunds or credits are allowed for Sourced Products sold on a “FINAL SALE” basis. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE SOURCED PRODUCT WILL BE CUSTOMER’S SOLE REMEDY. FISHER AMERICAN LLC’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS.
7. Custom Product
Fisher American LLC may offer products manufactured or assembled to Customers specifications (“Custom Product(s)”). Fisher American LLC is not responsible for verifying or confirming the accuracy of specifications provided by Customer to Fisher American LLC for Custom Products. FISHER AMERICAN LLC’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF THE CUSTOM PRODUCT WILL BE CUSTOMER’S SOLE REMEDY, AND ALL OTHER WARRANTIES ARE DISCLAIMED UNDER SECTION I.D.3 ABOVE. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.
8. Cancellation
All product order cancellations, if not prohibited above, must be approved by Fisher American LLC, and may be denied or subject to restocking fees and other charges. Custom orders may not be cancelled.
9. Product Returns
All returns must be approved by Fisher American LLC in writing in advance and may be assessed restocking and handling charges. Custom orders may not be returned. No returns will be accepted without an RMA form. Product returns must be made within thirty (30) days from date of invoice. All items accepted by Fisher American LLC must be in original condition, in original shipping containers, and returned FOB Fisher American LLC freight prepaid. Product returns may be denied. Fisher American LLC may elect to issue store credit against future orders rather than cash refunds. Store credits expire in six (6) months unless a waiver is applied and approved by Fisher American LLC.
10. Materials of Trade
Customer represents that if it is purchasing products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the products shall be used in direct support of Customer’s business, such business does not concern transportation, and such products shall not be resold or transported in a vehicle other than one owned by Customer.
11. Force Majeure
Fisher American LLC shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees, controls or acts of authority, states of emergency, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Fisher American LLC in the conduct of its business.
12. Assignment
Customer shall not assign any order, or any interest therein, without the prior written consent of Fisher American LLC. Any actual or attempted assignment without Fisher American LLC’s prior written consent shall entitle Fisher American LLC to cancel such order upon notice to Customer.
13. No Third Party Benefit
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
14. Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and to the extent allowed under these terms and conditions, both Fisher American LLC and Customer agree that venue shall be proper either in the state courts in Winnebago County, Illinois or the federal courts for the Northern District of Illinois.
15. Severability
If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
16. Modification of Terms
Fisher American LLC’s acceptance of any order is subject to Customer’s assent to all the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from Customer’s receipt of Fisher American LLC’s acknowledgment, or from Customer’s acceptance of all or any part of the products ordered. No additions or modifications of Fisher American LLC’s terms and conditions by Customer shall be binding upon Fisher American LLC, unless agreed to in writing by an authorized representative of Fisher American LLC. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Fisher American LLC’s acknowledgment, Fisher American LLC’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Fisher American LLC of any of the terms and conditions contained herein or in Fisher American LLC’s acknowledgment. Fisher American LLC reserves the right to accept or reject any order. Fisher American LLC reserves the right to limit the total quantity of items purchased per order and the number of individual orders placed per Customer per day.
17. Complete Agreement
The terms and conditions in: (i) Fisher American LLC’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference and constitute the entire and exclusive agreement between Customer and Fisher American LLC.
18. Authorization
Customers represent that any person accepting these Terms of Sale on behalf of the Customer is authorized to do so and that all employees and representatives of the Customer who access Fisheramerican.com or any other Fisher American LLC website, selling platform or application on behalf of the Customer or otherwise purchase products from Fisher American LLC on behalf of Customer have the legal right, and are duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or services or to obtain pricing or discounts from Fisher American LLC on behalf of Customer. Customers hereby agree to indemnify and hold Fisher American LLC harmless against any breach of this representation.
II. ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF FISHER AMERICAN LLC PRODUCTS
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF FISHER AMERICAN LLC PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF FISHER AMERICAN LLC PRODUCTS (“ADDITIONAL EXPORT TERMS”). IN THE EVENT OF A CONFLICT BETWEEN FISHER AMERICAN LLC’S STANDARD TERMS AND CONDITIONS IN SECTION I AND THE ADDITIONAL EXPORT TERMS IN SECTION II, THE ADDITIONAL TERMS IN SECTION II SHALL PREVAIL FOR EXPORT SALES OF FISHER AMERICAN LLC PRODUCTS.
1.Order Acceptance
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Fisher American LLC, or any of its U.S. affiliates and divisions, at a continental U.S. facility or at any of its websites. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.
2. Sales Tax and Duties, Import Fees
Fisher American LLC is required to charge U.S. federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, Customer shall indicate which products are tax exempt.
3. Payment and Credit Terms
Payment terms are pre-payment only. All other payment terms are as set forth in Section I.A.4. Customer agrees to inform Fisher American LLC immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.
4. Shipping Charges and Freight Policy
All Fisher American LLC export orders are shipped under INCOTERMS® 2020 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed to in writing by Fisher American LLC, default shipping term is FCA Fisher American LLC shipping location, excluding export customs clearance. Other shipments are freight collect from any Fisher American LLC facility. Customer shall be responsible for obtaining insurance. At Fisher American LLC’s option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as Customer’s exclusive remedy. Title and risk of loss pass to Customer upon tender of shipment to the Customer selected export carrier.
5. Export Controls and Related Regulations
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations (“EAR”) administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
6. Foreign Principal Party in Interest; Freight Forwarder and Documentation
It is specifically agreed that Customer shall be the foreign principal party in interest (“FPPI”) and/or that its freight forwarder shall act as Customer’s agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and Customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At Fisher American LLC’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to Customer by Fisher American LLC. In the event a license is required for export from the U.S., then (i) Fisher American LLC reserves the right to select its own freight forwarder to facilitate and file the export license; or (ii) the FPPI will provide Fisher American LLC written notice that it expressly assumes responsibility for determining licensing requirements and obtaining the license, thereby making the U.S. agent of the FPPI the exporter of record for purposes of meeting EAR requirements.
7. Anti-Corruption
Customer is aware that Fisher American LLC’s business practices prohibit bribery and corrupt behavior in any form. Customer agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) and laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Customer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any public sector or government official for the purpose of influencing any act or decision in connection with the purchase, transportation, customs clearance and/or resale of the products ordered from Fisher American LLC. Customer shall not pay a gratuity, bribe or inducement to any public sector or government official, even if it appears customary or consistent with prevailing business practices.
8. Dispute Resolution
Actions by Fisher American LLC for non-payment by Customer of the purchase price of products sold by Fisher American LLC, or for redress of other breaches by Customer of these terms and conditions may be brought by Fisher American LLC, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Fisher American LLC’s option, disputes between Customer and Fisher American LLC, including all claims for non-performance by Fisher American LLC, shall be finally settled by arbitration in Winnebago County, Illinois, U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Illinois, U.S. The language of the arbitration shall be English.
9. Country of Importation and Anti-diversion
Customer represents that it is purchasing products from the U.S. and importing them to the country for the use of the ultimate consignee specified in the Customer and Fisher American LLC documentation. Customer agrees that the products will not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Fisher American LLC, Customer shall provide documentation satisfactory to Fisher American LLC verifying delivery at the designated country, the identity of end users ordering products from Customer and the terms and conditions upon which such end users request products to be supplied. Customer further agrees to inform Fisher American LLC at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Fisher American LLC shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Fisher American LLC expressly agrees to do so.
10. Permits, Export, and Import Licenses
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation. When the Customer is designated as the U.S. Principal Party of Interest, the Customer shall be responsible for obtaining licenses under the EAR, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations. If the Customer is the FPPI, then the terms contained in subsection 6 of this Section II shall apply.
11. Governing Law; Limitations
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Illinois, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.
Updated 1-24-2021
Fisher American LLC
2501 9th Street
Rockford IL 61104
800-419-1900