Terms & Conditions

Retail Environments

Warranty

Agam’s warranty is limited to shipping a replacement for any defective item providing a written claim is made within 10 days from receipt of goods. Agam will not honor claims resulting from use of such items, or any consequential damages. Seller warrants that, at the time of shipment, the goods will be as described in the order. There are no other warranties, either expressed or implied. Determination as to the suitability of the material to the use contemplated is the user’s sole responsibility. Agam shall not be liable for consequential operational or contingent damages arising from this warrant, breach of contract, breach of warranty, negligence or any other legal theory. Seller will in no event be liable for any consequential, special or contingent damage or expense arising directly or indirectly from any defect in its goods or from the use thereof, nor is any other person authorized to assume to seller any such liability. The foregoing warranty states seller’s entire and exclusive liability and buyer’s exclusive and sole remedy whether based on contract, negligence or otherwise. The remedy set forth herein shall be the exclusive remedy available to the buyer. The liability of the seller, whether in contract, tort or under any warranty or otherwise, shall not exceed the price of the goods sold. Damage to the product by accident, misuse, abuse, modification or misapplication or by improper service or installation voids our warranty.

Terms

Prices

All prices are subject to change without notice. After placing an order, the customer receives a Sales Order Acknowledgment via email, which indicates in detail the scope of the work and the pricing. Orders will not be processed without Agam receiving a signed copy of said Sales Order Acknowledgment.

Governing Law

These Terms and Conditions and the transactions contemplated hereby shall be governed by and construed and interpreted in accordance with the laws of the State of Maryland, USA without regard to the choice-of-law principles thereof. Any action seeking legal or equitable relief arising out of or relating to these Terms and Conditions will be brought only in the courts of the State of Maryland. 

Freight

Freight Terms

Shipment and deliveries shall always be subject to approval of seller’s credit department and seller may require at any time payment in advance or satisfactory security or guarantee that invoices will be promptly paid when due. A service charge of 1.5% per month will be made on all past due accounts. Customer agrees to pay reasonable attorneys and/or collection agent fees in excess of amount owed, if account is referred for collection or suit.

Freight Prices

Freight charges are FOB Agam’s dock, Elkridge, MD.  Freight pricing estimates may be requested, are subject to change without notice.

Freight Method

Agam will ship FedEx, FedEx Freight, UPS Ground or other (as needed), size and destination permitting. We do our best to meet, but cannot guarantee, the requested shipping date, loading, and routing instructions. 

Credit Card Payments

For orders paid by credit card, a separate freight charge will be applied to the product’s shipping. This does not apply to customers who schedule shipping through an independent carrier.

Damaged Merchandise

Although we make every effort to ensure orders arrive safely, concealed damage can occur from rough handling in the shipping process. In this event, the amount of this damage is collectible by the recipient from the carrier upon presentation of proper claim with the carrier. Packages and pallets should be thoroughly inspected upon receipt and opened if damage is suspected.  If damage occurs, the customer should notify Agam promptly, note the damage on the Bill of Lading (BOL) or with the delivery driver if UPS or FedEx, and take relevant photos for documentation.

Claims

All claims must be made within 10 days after receipt of goods. Risk for the goods falls upon the purchaser upon leaving Agam’s facility.

Return of Merchandise

No returns of merchandise will be accepted without the prior written approval of Agam. With official return authorization, returns of non-damaged items will be accepted for credit only toward future purchases. No refund will be made for returned merchandise. All returns will be: (1) subject to a 33.33% restocking charge, (2) computed on the current price or sales price, whichever is lower, and (3) accepted only on a prepaid freight basis. Cut-to-size pieces, painted pieces, and non-stock items are not acceptable for returns. Receipt of returned goods must be made within 15 days of return authorization (return authorization is void after 15 days).