2 services per year which includes:
List of Exclusions:
Must purchase maintenance plan prior to installation and must be included on original estimate. All maintenance plans are billed annually. Credit card must be on file for plan to be active.
Definitions of Parties. “Seller” means A Flag and Flagpole. “Buyer” or “Customer” means the person (either an entity or an individual) purchasing Goods or Services from Seller.
THIS SALE IS EXPRESSLY LIMITED TO AND MADE CONDITIONAL UPON THE TERMS AND CONDITIONS CONTAINED HEREIN. OBJECTION BY BUYER TO ANY OF THE TERMS CONTAINED HEREIN SHALL BE DEEMED TO HAVE BEEN WAIVED IF WRITTEN NOTICE OF THE OBJECTION IS NOT RECEIVED BY SELLER WITHIN FIVE DAYS OF THE DATE OF RECEIPT OF THESE TERMS AND CONDITIONS OR BEFORE PART OF THE DESCRIBED GOODS ARE ACCEPTED BY BUYER, WHICHEVER OCCURS FIRST.
Application. These Terms and Conditions of Sale define the relationship of Buyer and Seller and apply to: (1) all sales of equipment, parts, supplies, materials, or other personal property (individually and collectively, “Equipment”) by Seller to Buyer; and (2) the provision of all services provided by Seller to Buyer (collectively, “Services”). Buyer acknowledges and agrees that these Terms and Conditions of Sale are incorporated in, and are a part of, each quotation, purchase order, invoice, release, requisition, work order, shipping instruction, specification, and any other document, whether expressed verbally, in written form or electronic commerce, relating to the sale of Equipment by Seller to Buyer (these documents are collectively referred to as this “Agreement”).
Controlling Provisions. These terms and conditions shall supersede any provisions, terms, and conditions contained on any confirmation order, and/or other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.
Acceptance. All orders or contracts as well as shipments applicable thereto are subject to current availability of products.
Limitations of Actions. ANY ACTION FOR BREACH OF THIS CONTRACT OF SALE MUST BE COMMENCED BY BUYER WITHIN 15 DAYS AFTER THE CAUSE OF ACTION HAS OCCURRED.
Quotations, Pricing & Payment
Quotation Expiration. All quotations are valid for a period of 30 days unless otherwise noted by Seller. Any quote that has not been accepted by Buyer within the 30-day time period is void and must be reissued. Quotations are subject to correction in the event of clerical errors. Prices quoted are for specific quantities shown and shipment at one time to one destination unless otherwise stated. Any change in the quantity of an order and/or split shipments are subject to price revision or additional fees.
Pricing. Prices for goods and other related services shown in any Seller or manufacturer product publication, including but not limited to catalogs, brochures, and websites, are subject to change without notice. Prices do not include related freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted by Seller. Any taxes due are the responsibility of Buyer.
Terms of Payment. 50% of total cost is due upon acceptance for any custom flag orders and/or flagpole installations the remaining balance is due and payable to Seller upon delivery of goods and or completion of installation. All other stock orders must be paid prior to shipment or receipt unless other terms agreements have been made in writing by Seller.
Collection. Buyer shall, in the event that legal action is required on the part of Seller to collect the amount owed to Seller by Buyer, pay to Seller all costs of collection including reasonable attorney’s fees.
Delivery & Ownership
Delivery. Any delivery dates or other schedule of performance by Seller are approximations. The sole obligation of Seller with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to deliver the goods and or services, or otherwise to perform, consistent with the reasonable demands of its business. In any event, Seller will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Seller.
Delays. All orders are accepted by Seller with the understanding that Seller shall not be liable for delays in delivery or installation of goods or inability to deliver goods caused by or due to inability to obtain transportation, equipment, or material, or by reason of insurrection, fires, floods, storms, embargoes, actions of any military of civil authorities, whether legal or de facto, strikes, labor difficulties, riots, lock outs, acts of God, or other similar or different circumstances beyond the control of Seller.
Freight. All costs of freight, transportation, mailing (unless prepaid), and other transportation charges shall be paid by Buyer. Buyer shall also pay for all increased freight rates whether prepayment for freight rates have been received or not.
Compliance with Laws. Buyer will be responsible for compliance with all federal, state, or local laws or regulations respecting safety or respecting use of the product and shall indemnify and hold Seller harmless from and against any and all claims of violations of laws or regulations or other claims of personal injury or property damage directly or indirectly related to the installation, maintenance, or operation of the product.
Permits. You agree to obtain any necessary permits required for us to perform the Work. We may, at our discretion, obtain any necessary permits on your behalf and charge you for the cost of any permit fees.
Inspection and Storage. Always inspect the product and boxes that arrive with your order to verify if any shipping damage is present. For flagpole deliveries, stored for a long period before installation, a dry location with low humidity is necessary. Even when stored inside, it is best to unwrap the pole and store in an area where damage is unlikely to occur.
Acceptance. Buyer will have 3 days from the date of delivery to notify Seller, in writing at email@example.com and or call 954-983-2774, of any defects or rejection. After this period, Buyer will be deemed to have irrevocably accepted the product and or services, if not previously accepted. After acceptance, Buyer will have no right to reject the product and or services for any reason or revoke acceptance.
Damage During Shipping. Products damaged in shipping must be refused at the time of delivery or noted damaged on delivery receipt for replacement. Buyer must contact Seller at firstname.lastname@example.org and or call 954-983-2774 on the day of delivery. We will reship your order and file a freight claim for damages. Orders may not be cancelled due to freight damage. We will make every attempt to ship the replacement promptly.
Shipping Delays Seller is not liable if a shipment is lost, misdelivered, damaged, or delayed because of circumstances beyond our control.
Cancellation or Termination. In the event of cancellation of this Agreement by Buyer, or in the event of default under this Agreement by Buyer, Buyer will pay to Seller on demand all direct and indirect costs (including, without limitation, all applicable restocking or cancellation charges, including reimbursement for direct costs assessed by the manufacturer) incurred directly or indirectly by Seller in connection with this Agreement, all as reasonably determined by Seller, plus any profit to be negotiated with Buyer. A 5% processing fee applies (void where prohibited) to any canceled order, even if it has not yet shipped out, and a 50% restock fee will apply. All orders including custom color flags, flagpoles, flagpole accessories, are non-refundable. Seller reserves the right to issue any refunds via original payment method or check.
Flagpole Installation or Service Calls
Safety. The following conditions are designed to advise, protect, and inform Buyer of safety issues. Following these requirements will help to keep everyone safe and eliminate disputes because of additional costs during the installation process. The Buyer is responsible for all of these listed below.
Contact Utilities or 811. Buyer will not hold Seller (including, but not limited to, its employees or installers) responsible for any damage to underground supply lines not installed or staked by utility companies including, but not limited to, irrigation lines, septic fields, electrical lines, telephone/cable lines, etc. The Buyer must contact appropriate utility companies or 811 to have all/any underground items clearly marked AT LEAST four (4) full business days before Seller is scheduled to install a flagpole or perform any other work on Seller’s property. If the Seller does not call the appropriate utilities or 811, A Flag and Flagpole will consider it as waived by the Buyer and will not be responsible for any damage as listed above.
Installation or Service Calls. It is the sole responsibility of Buyer to contact proper authorities for any and all underground items. Such underground items shall be clearly marked. Seller will not be liable for damage to unmarked underground items. Seller will not be liable for unavoidable damage to surrounding landscape. Seller will take all necessary measurements to reduce any damage to surrounding landscaping.
Digging. The price of installation includes the digging of natural grass and dirt. If it becomes necessary to dig, remove, cut or jackhammer through asphalt, concrete, rocks, limestone, or man-made debris that may be encountered during the excavation process, additional charges will apply. Buyer will be consulted prior to any additional charges. Materials or dirt excavated/cut etc. from job site will be placed by Seller on the property next to the hole dug. Buyer is responsible for having the debris removed from site. Seller can provide this service for an additional charge, but this needs to be discussed prior to the digging.
Payment of Additional Charges/Change orders. Buyer agrees to pay upon completion of installation all charges assessed for any changes due to engineering requirements, changes to order, mobilization of equipment and labor provided. Buyer is still responsible for all charges even if the installation cannot be completed due to circumstances beyond the control of Seller.
Location Selection. Buyer takes all responsibility for the selection of flagpole, location, installation, and erection. Extreme caution and common sense should be used when determining the placement of a flagpole as well as the size and number of flags that will be flown from that flagpole. A minimum distance of at least 10 feet is recommended between the fly end of the flag and any overhead power line that may encounter the flag during raising and lowering. Flags should never encounter any objects when flown from a flagpole as this can result in flags being ripped or flagpole failure resulting in personal or property damage.
Location Requirements. The location for the installation or service must be crane/truck accessible, unless otherwise agreed upon. Additional charges will apply if the installation location is not crane/truck accessible and other arrangements were not made in advance with Seller.
Buyer Permission. Buyer hereby authorizes the use of excavation and hoisting equipment by Seller on the installation site when necessary. Buyer agrees that Seller shall not be held responsible for damage to landscaping, concrete driveways, or sidewalks from the use of equipment.
Flying Flags. We recommended you take all flags down in high wind conditions. Buyer shall not hold Seller responsible for any personal or property damage that may occur after a flagpole has been installed.
Warranties. Our flagpoles and flags are covered under the manufacturer warranties. For more information on the individual warranties please see here:
Return Authorization. All returns must be authorized in advance by seller within 15 days of purchase. Buyer must prepay all freight or shipping charges on authorized returned goods. Flagpoles, used flagpole accessories and custom flags are nonreturnable items and final sale.