Terms and Conditions

Welcome to Formost Fuji Corporation. This agreement will become effective upon Seller’s acceptance of Buyer’s order or shipment of the items described on proposal/quote or invoice. If you do not agree, please discontinue use of our services.

Definitions

• “Seller,” “we,” “our,” “us” refers to Formost Fuji Corporation.
• “Services” refers to packaging equipment, parts and repair service or installation of equipment.
• “Buyer,” “you,” “your” refers to anyone accessing or using our Services.

Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. 

You must not:

• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to our systems
• Use the Services in a way that may harm or disrupt them

Intellectual Property

All content, trademarks, logos, and materials provided through our Services are owned by Formost Fuji Corporation or licensed to us. You may not copy, modify, distribute, or exploit any content without our written permission.

Acceptance 

Specified price is conditioned upon acceptance by the Buyer within 30 days from the date of quotation.

Taxes 

Unless otherwise specified, price quoted is exclusive of any local, state or federal taxes that may be applicable to this transaction.

Performance and Delivery by Seller 

Seller reserves the right to modify designs on equipment and apparatuses to comply with latest developments at the time of manufacture. Any delays, inconvenience, or loss attributable to such modifications shall be excused, and Seller shall fix a new delivery date promptly. In no event shall Seller be liable to Buyer for any loss or damage which Buyer may suffer or experience directly or indirectly, as a result of Seller’s inability to manufacture and/or deliver the equipment or apparatus ordered or sold, provided such inability or delay is caused by circumstances or acts of others beyond Seller’s reasonable control: including, but not limited to fire, mechanical and electrical breakdown, explosion, flood, epidemic, war, accidents, interruption or delay in transportation or the supply of raw materials or utilities, labor shortages, strikes or labor troubles.

Delay in Delivery Caused by Buyer 

In case of delay caused by Buyer’s failure to furnish necessary information as to details to be determined by Buyer, Seller may extend the date of shipment for a reasonable time, based on the period of Buyer’s delay and conditions existing at Seller’s factory.  In case shipment is delayed because of a failure by the Buyer to furnish shipping instructions or otherwise, Seller may, at his option, invoice the equipment or apparatus ready for shipment, and payment therefor shall be made in accordance with the terms thereof, substituting the invoice for the bill of lading.  Upon Seller’s request, Buyer agrees to place the equipment or apparatus in storage and pay all handling, insurance, and storage charges to preserve said equipment or apparatus for subsequent shipment to Buyer.

Equipment Sold F.O.B. Factory or Delivered 

If the equipment or apparatus is sold F.O.B. Seller’s factory, delivery is completed when the equipment or apparatus is accepted by the carrier.  Buyer will accordingly make all claims against the carrier for damage incurred while in transit.  If equipment or apparatus sold, delivered to Buyer’s place of business, is damaged in transit, Buyer agrees to make the necessary and appropriate notation on the bill of lading concerning such damage and notify the Seller promptly to enable Seller to enter its claim against the carrier.  Buyer will pay all demurrage, drayage, hoisting, rigging, and shall be responsible for arranging for unloading and moving the equipment or apparatus to a point adjacent to the site of installation or erection in Buyer’s building

Insurance to be provided by Buyer 

From the time of shipment to complete installation and full payment to Seller, Buyer agrees to insure for the benefit of Buyer and Seller, as its interest may appear, the equipment or apparatus furnished hereunder for fire, wind storm, and extended coverage, and, upon request, shall provide Seller with a certificate of insurance

Title to the Equipment or Apparatus 

Title to the equipment or apparatus sold, and the right of repossession and removal thereof (with or without legal process) in case of non-payment therefor or default by Buyer, shall be and remain vested in the Seller; and such equipment or apparatus shall be deemed to be and remain personal property, severable or removable without injury to the building, until full cash payment therefor shall have been received by Seller (including any deferred payments represented by notes, renewal notes or otherwise).  Buyer agrees to protect and maintain Seller’s title and right to possession and removal accordingly.  Buyer also agrees to properly care for any equipment or apparatus delivered until the same is fully paid for, and to hold Seller harmless against any taxes assessed upon same, or any part thereof, after it shall have been shipped by Seller.     

Security Interest 

Title to each items of Goods shall pass to the Purchaser only upon full payment therefore, but risk of loss of Goods shall pass to the Purchaser when the carrier receives possession at the Seller’s Everett, Washington plant or other source of supply (regardless of whether payment has theretofore been made). Buyer grants Seller a security interest in all products supplied under this Agreement to secure performance of all Buyer’s obligations to Seller, including, but not limited to the obligation to make all payments of the purchase price when due, pay costs and attorneys’ fees in the event of a default, and perform other obligations under the agreement. Buyer hereby authorizes Seller to file a financing statement covering all products supplied or to take such other action as Seller finds necessary to effectuate the establishment of Seller’s interest in the products supplied.

Electrical Wiring and Related Installation Services 

Unless specifically agreed upon, Seller will not do any electric wiring or air piping.  All such services including exterior wiring and piping shall be provided by Buyer and in place and installed in a workman-like manner, as well as installed at a time which will not delay or hinder the installation by Seller of such equipment or apparatus.  Seller’s equipment is designed to comply with generally accepted electrical standards.  Any modifications necessary to comply with the special state, local, or industry regulations or codes will be at Buyer’s expense.                                             

Alterations to Buyer’s Present Equipment 

Buyer will make all alterations or modifications to existing equipment as may be required for operation with the equipment or apparatus specified herein.

Safety and Sanitation 

Although Seller’s equipment, apparatus, and accessories are designed to comply with generally accepted standards or safety and sanitation, it is agreed that any additional features or changes required by local or state regulations or any National organization, will be at Buyer’s expense as an extra to this contract price.

When special safety guarding for compliance with Occupational Safety and Health Act is ordered, the equipment complies to the best of our knowledge and understanding with American National Standards BI55.l-2000 as in effect at date of this proposal.

Installation delays caused by Buyer 

Buyer agrees to reimburse Seller for loss, including the payment of wages incurred by reason of any delay in installing and starting the equipment or apparatus, not chargeable to any act of the Seller.

Changes in Specifications or Drawings 

All expenses caused to Seller by changes in specification or drawings, which had been approved by Buyer, and for any work performed, or apparatus or material furnished in addition to that herein specified, shall be added to the purchase price and paid by the Buyer.  Before any work is begun, Buyer agrees to designate the site where the equipment or apparatus is to be located and to pay extra for any changes in site and/or location after the same has been designated to Seller.

Warranties 

We warrant that the machine will be free of defects in material and workmanship under normal use and service.  Our sole obligation under this warranty shall be to repair or replace at our option at Everett, Washington, any parts which shall prove defective within one year provided that all transportation charges for defective parts or replacement parts shall be paid by the Buyer.

Any work performed on the machine by Buyer, which results in damage, shall not be covered under this equipment warranty. 

This warranty is in lieu of any representation or warranty expressed or implied, including, but without limiting, the warranty of merchantability.  Formost Fuji Corporation shall not be liable for consequential damages.

Limitation of Liability 

In no event shall Seller be liable for loss of profits, special, indirect, incidental, or consequential damages.

Cancellation 

If Buyer desires to cancel this contract for equipment or apparatus after acceptance by Seller, a cancellation charge will be imposed to reimburse Seller for all expenses incurred from date of acceptance to date of cancellation provided written notice is received by Seller prior to shipment.  In the alternative, Seller shall have the option of retaining ten percent of the purchase price paid to it upon placement and confirmation of the order as liquidated damages, the balance, if any, to be returned to Buyer.

Parts orders are not subject to cancellation without Seller’s written consent. Cancellation charges will be assessed based upon the status of the order. All returns must be authorized by the Parts Department or by the Service Department of Formost Fuji Corporation in the form of a written Return Goods Authorization. A 25% Restocking Fee will be charged on goods returned through no fault of the Seller.

Interest on Past Due Accounts 

Buyer agrees to pay monies due according to terms specified in the proposal and to the payment of interest on any past due accounts at the rate of 1-1/2% per month.

Contract

All items of this contract are deemed to be fully set forth herein, and no agent, salesman, or other party is authorized to bind the Seller by any agreement or warranty not herein expressed.  It is further agreed that this contract is made and completed in the city of Everett, Washington, and shall in all matters be governed and controlled by the laws of the State of Washington.

Prices and Payments 

Prices for goods will be as confirmed in the Sales Order Acknowledgment for the Sales Order number listed on the Packing Slip. Prices of replacement or additional parts will be prices in effect at the time of shipment. All prices are subject to all lawful taxes. Payment of all invoices are due net thirty days from date of invoice, unless otherwise stated on quote/proposal/invoice. Buyer agrees to pay a service charge of 1 ½% per month on all past due accounts. All claims for damages or shortages must be made within 10 days of receipt of product.

Parts Order Shipment

Shipment will be F.O.B. Seller’s Everett, Washington plant. Buyer authorizes Seller to use its discretion concerning carrier and routing and agrees to pay all costs of shipping. Seller will not be liable for failure to perform or delay in performing any obligation, if such failure or delay is due to any cause beyond the reasonable control of Seller, whether such cause foreseeable or not.  

Terms of Payments

• Terms are Net 30 unless specifically stated otherwise on Invoice
• You agree to provide accurate billing information
• All fees are non-refundable unless stated otherwise
• We may change pricing at any time without notice

Indemnification

You agree to indemnify and hold harmless Formost Fuji Corporation from any claims, damages, or losses resulting from your violation of these Terms or misuse of the Services.

Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

Equal Opportunity Employer

Formost Fuji Corporation is an equal opportunity employer. Seller and Buyer will comply with all federal, state, and local laws and other official decrees of any governmental body, including, without limitation, the Foreign Corrupt Practices Act. Buyer and Seller will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that Buyer and Seller take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.

Contact Information

If you have questions about these Terms, contact us at:
Email: Sales@Formostfuji.com
Address: PO Box 4009, Everett, WA 98204-0001