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 of Service

FOB Manufacturing Site, Agam, 6955 Business Parkway, Elkridge MD 21075

Our customers reserve the right to select their carrier based on contracts or best shipping rates they may have negotiated.  As a service, Agam is pleased to offer to coordinate with a carrier that Agam has existing relationships with and provide for our customers “Freight Pre-Paid and added to the invoice” service.  This is no way relinquishes our customers obligations to contractual obligation to the carrier and to inspect all shipments upon receipt and file any needed claims.  Upon request Agam will provide a freight quote for pending estimates and orders. 

All shipments and deliveries as part of the business relationship with Agam are subject to satisfactory credit approval with Agam’s Finance team in advance of shipments.

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

When using a credit card to pay for a project where Agam is arranging freight, a separate credit card charge will be made in addition to the charge for the product. 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).