At Clarus®, quality is in our DNA. Our passion for excellence in manufacturing extends throughout the entire customer experience. Every order is important to us. These terms and conditions are hereby incorporated into the agreement for the purchase and sale of product(s) between Clarus and its customer as evidenced by the respective Sales Order.

Clarus Glassboards
7537 Jack Newell Blvd. N.
Fort Worth, TX 76118
Ph: 888.813.7414
Fx: 682.626.5344
Email: info@clarus.com

ACKNOWLEDGMENT EMAIL

Clarus will send an acknowledgment email for each purchase order (an “Order”) received from a customer. When the acknowledgment is received it should be checked for accuracy. It is the customer’s responsibility to promptly contact Clarus regarding any discrepancies between the Order and the acknowledgment email. The Order will be placed into production only after all necessary information and any deposit toward the cost of the Order required by Clarus is received.

QUOTES

Product and freight pricing quoted are valid for sixty (60) days from the quote date. Quotes extending beyond sixty (60) days will be subject to requoting of both product and freight. For orders with requested delivery dates exceeding 60 days from the order date, applicable shipping rates will be determined at the time of shipment. Please note ‘Expires Date’ at top of Quote.

This Quote may contain a customer discount reflected in each line item’s respective unit pricing. Clarus reserves the right to alter a line item’s unit price if total quantity, quantity of like sizes, or specification request changes are made to this Quote. The above pricing does not include installation charges unless specified on order acknowledgement. Freight estimates reflect single shipments only and unless otherwise noted at time of Quote.

ORDERS

For orders with a requested ship date greater than sixty (60) days from the order date, Clarus reserves the right to reprice freight based on current freight rates at the time of shipment. By placing the initial order, the customer acknowledges and agrees to accept the potentially revised freight charges.

A 20% deposit is required for new customers (subject to Finance Department approval) and for existing customers on orders with a product net value of $20,000 or more. Higher deposit requirements may apply based on credit rating, as outlined above. Deposits are based on product value only and are due at order acceptance and/or prior to manufacturing. Deposit must be received before Clarus places order into production. Payment terms are based on Customer’s Credit Limit and account standing.

By acceptance of this Quote, all parties agree with the terms and conditions of sales contained on Clarus website at www.clarus.com/terms. If an executed pricing or supplier agreement exists between the parties, then in the event of a conflict or dispute, the terms of the Agreement shall govern and control.

Storage and installation charges are not included.

COST ESCALATIONS

Prices are based on costs at the time of quote. Manufacturer may adjust pricing prior to manufacturing (with customer approval) for cost increases beyond its control, including materials components (greater than 20%), freight, fuel, tariffs, duties, taxes, regulatory changes, supplier surcharges, or currency fluctuations.

SALES AND USE TAXES

In jurisdictions where Clarus has an established sales & use tax registration, Clarus will charge any applicable taxes on all Orders by the rate and requirements of the local jurisdiction. A verifiable and applicable tax exemption or resale certificate is required by the receiving customer if the customer claims an exemption from sales tax on any Orders. Exemption or resale certificates must be received in connection with the Order for taxes to be excluded from the Order invoice. In jurisdictions where Clarus does not have a sales & use tax registration, and therefore does not collect sales tax, the customer is responsible for collecting and remitting all applicable sales and use taxes directly to its taxing authority.

CREDIT LIMIT TERMS

New customers may be given an initial credit limit at the discretion of Clarus. Customers can request a higher credit limit by submitting a credit application. If approved, Clarus will establish an allowable credit limit that will be monitored and updated as needed. The credit terms may include a combination of an allowable credit limit and/or extended payment terms. Past due accounts are subject to a 1.5% late charge per month after 30 days. All credit terms are subject to change without prior notice. Outstanding payment obligations that are more than 30 days past due will result in a temporary credit hold until the account is current.

SHIPPING & STORAGE

Estimated shipping dates are in the acknowledgment email. On orders for which the customer is unable or unwilling to take delivery as scheduled greater than 10 days of acknowledged shipping date, the merchandise may be shipped to storage facilities at the customer’s expense or held in a Clarus facility for an additional fee, and the invoice will be sent.

Clarus is not liable for Orders that are inaccurate due to erroneous information provided by the customer or the customer’s authorized agent.

Clarus reserves the right to select the shipping method for an Order. The shipping charge is added to the total net cost of all Orders. Please contact Clarus’ Account Services department for shipping estimates prior to placing an Order. Freight surcharges may be added to Orders.

Will call orders are subject to a crating fee. Clarus will notify the customer when the Order is ready for pick-up. Clarus reserves the right to charge storage fees for unclaimed product after notification.

Merchandise shipped is F.O.B. factory from Fort Worth, Texas. It is the responsibility of the purchaser or consignee to report any claim for loss or damage to the carrier promptly upon receipt, and to settle with the carrier any such claims.

Each customer agrees to inspect all cartons/crates of its Order immediately upon receipt and to note any visual damage or shortages on the delivery receipt. If there is damages or shortages, the customer should contact Clarus within 48 hrs. All other claims, concealed or otherwise must be made within 7 days of delivery of product.

Failure to make claims to Clarus within seven (7) days constitutes as acceptance of the product and a waiver of any defects, errors, or shortages discovered upon inspection.

Shipping dates mentioned on the order acknowledgment email are estimates only. Clarus is not responsible for shipping delays of any kind.

CANCELLATIONS

All Orders are considered firm and cannot be canceled unless Clarus grants written consent. Clarus reserves the right to apply a cancellation fee in an amount determined at its discretion on any approved cancellations.

CHANGE ORDERS

Clarus reserves the right to apply additional charges in an amount determined at its discretion to any order that is revised after manufacturing has begun. Additions or changes to approved Orders may be subject to a delayed shipping date.

RETURNS

Many Clarus products are made-to-order and may not be returned. Clarus reserves the right to refuse return of custom-made or specialty products. If Clarus chooses to accept a return, merchandise must be returned unused and properly packaged in its original shipping carton. Products may only be returned with written permission from Clarus. If permission is granted to return a product, a return merchandise authorization (RMA) must accompany the product. Returned products will not be accepted without an RMA. Unless otherwise agreed, the return freight charges are the customer’s responsibility. All returns are subject to a restocking fee in an amount determined at Clarus’ discretion.

WARRANTY

Clarus warrants the product will be free from defects in material and workmanship per the warranty timeframes published on the Company’s website on the product specification page.

This limited warranty extends only to the original purchaser or the first retail purchaser of the product.

If during this period, the product is defective in materials or workmanship, Clarus will, in its sole discretion, either repair or replace the defective portion of the product. This limited warranty does not cover damage resulting from, or in any way attributable to, improper use, storage, shipping, handling, installation, or modification of the product.

PRODUCT ENHANCEMENTS

In our continuous improvement efforts, Clarus reserves the right to institute changes to product materials, parts, or design as well as to discontinue models, options, or parts without any prior notice.

GRANT OF SECURITY INTEREST

To secure Customer’s obligations to pay Clarus for products purchased from Clarus, Customer grants to Clarus a security interest in the Collateral. For purposes of this security interest, “Collateral” means the product or products that Customer has purchased from Clarus and for which Clarus has not received payment in full, including all proceeds of the products in any form and all replacements for the products. Customer agrees and acknowledges that Clarus may file a UCC-1 Financing Statement with the appropriate governmental recording or filing office to perfect its security interest herein granted.

LIMITATION OF LIABILITY

Claims’ maximum liability to a customer is limited to a liquidated damages amount equal to the monetary amount of the purchase price of the product claimed to be defective. These liquidated damages are customer’s sole and exclusive remedy. Customer waives and releases Clarus from any other damages, including consequential or special damages. 1772707-v1/14156-025000