FAIRVIEW ARCHITECTURAL LLC – GENERAL TERMS AND CONDITIONS 

1. Applicant’s signature on the Credit Application Form or Sales Order or Order Acknowledgement form constitutes the acceptance of these Credit Application General Terms and Conditions (“Terms and Conditions”) in consideration of Fairview Architectural LLC (“Fairview”), extending credit to you for your company, sometimes referred to as the “Purchaser”, by authority to sign on behalf of the company requesting credit and that you have read and understand these Terms and Conditions, and agree and understand that these are the final Terms and Conditions governing this sale unless modified by Fairview and Purchaser in a written amendment and confirmed in writing by the other party. 
2. The laws of Delaware shall apply to the interpretation and enforcement of these Terms and Conditions, and if any provision contained in the Credit Agreement is in conflict with the laws of the State of Delaware, that provision is hereby amended to conform to the applicable law, all other provisions remain unchanged. 
3. The Credit Application Form, Sales Order, and Order Acknowledgement, together with these Terms and Conditions (together referred to as the “Agreement”) constitutes the full understanding between the parties hereto and no conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this agreement shall be binding unless hereinafter made in writing and confirmed in writing by the other party. 
4. The Agreement may be terminated at any time by the mutual written consent of the parties, or by Fairview notifying the Purchaser via email. If the Agreement is terminated, Purchaser will remain obligated to pay its existing debt based on the terms of the Agreement. 
5. The applicant authorizes Fairview, its affiliates, subsidiaries, agents and contracted agencies to obtain credit reports or other information as may be deemed necessary to establish and maintain a credit account. Fairview will not disclose the information contained in any financial data furnished by the Purchaser to any third party unless required to do so by legal process. 
6. In the event you fail to pay in full the principal balance on or before the Net Due Date specified, Fairview reserves the right, among other remedies, to terminate the Agreement or to suspend further deliveries. 
7. All sales, use, excise, transportation, privilege, occupation consumption, storage, or other taxes which may be levied by any taxing authority as a result of a sales transaction shall be the responsibility of the Purchaser. 
8. Payment terms are net thirty (30) days from the date of invoice on approved credit. In the event accounts must be placed for collection, Purchaser shall be responsible for all reasonable attorney’s fees and costs incurred in securing payment. Litigation regarding non-payment may be commenced in the State of Delaware, or wherever the Purchaser is located. 
9. Color samples are a representation of the finished product, and visible color variation can occur between samples and finished product. Color names may include descriptors such as “2-coat” or “3-coat” to align with names of colors presented by the Purchaser. This does not necessarily refer to the number of paint coats on the product. The color, gloss and warranty requirements of the project determine how many coats, passes and other processes are required to achieve each finish. Supply chain and manufacturing methods are at the sole discretion of Fairview. All orders are expressly limited and made conditional upon acceptance by Purchaser of these Terms and Conditions, and the other Agreement documents listed herein without change. 
10. If this account is placed in the hands of a collection, the undersigned shall pay an amount equal to 25% of the unpaid principal, interest and service charges as a collection fee. It is agreed that if the account becomes past due, a 1.5% monthly service charge (18% annual rate) will be added to the account and shall be computed at the same rate and in the same manner before as well as after judgment until the entire account has been fully paid and satisfied, or such lesser amount as allowed by applicable law. If Fairview refers the Applicant’s account for collection or enforcement, the Applicant agrees to pay all reasonable legal fees, expenses and court costs. 
11. Purchaser’s Sales Order is not cancelable by Purchaser, and goods cannot be returned without prior written approval of Fairview, in Fairview’s sole and absolute discretion.  If approval for return is granted in writing, the goods must be returned in the same re-saleable condition as when originally sold, and all costs of returning the goods must be paid by the Purchaser.  Subject to satisfactory product inspection, authorized returns are refunded with a credit on future purchases only, and a 30% restocking fee (minimum $2,000) is deducted from the credit.  Returns must be received within 60 calendar days of Invoice Date, and non-standard sizes and non-stocking finishes are not returnable. 
12. Purchaser agrees to follow all building codes, engineering requirements and industry standards in effect at the time of installation.  Information, training, technical guides, product recommendations and other advice provided by Fairview or its employees or affiliates do not express or imply a warranty or guarantee for merchantability, fitness for use, or suitability for a particular purpose.
13. Certain orders may require a deposit and/or COD payment, in particular project-specific material made to order, and other situations as deemed necessary by Fairview. The Sales Order is a binding purchase contract.
14. The applicant authorizes Fairview, its affiliates, subsidiaries, agents and contracted agencies to contact them without limitation to follow up and request amounts owing. 
15. Invoices paid late will negatively impact future credit and may be deducted from incentive programs.
16. The Credit Application Form, Sales Order, and Order Acknowledgement, together with these Terms and Conditions form a binding contract and supersede all other prior agreements, whether written or oral.
17. DISCLAIMER:   Purchaser agrees that the email used by Fairview is not 100% guaranteed to be free from hackers and spoofing. Purchaser agrees to release and hold Fairview harmless from any claims regarding fraudulent or erroneous money transfers.

    Rev 7/2025