[et_pb_section fb_built=”1″ fullwidth=”on” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_fullwidth_header title=”Terms & Conditions: U.S. ” text_orientation=”center” content_max_width=”none” _builder_version=”4.27.4″ button_one_letter_spacing_hover=”0″ button_two_letter_spacing_hover=”0″ global_colors_info=”{}” button_one_text_size__hover_enabled=”off” button_one_text_size__hover=”null” button_two_text_size__hover_enabled=”off” button_two_text_size__hover=”null” button_one_text_color__hover_enabled=”off” button_one_text_color__hover=”null” button_two_text_color__hover_enabled=”off” button_two_text_color__hover=”null” button_one_border_width__hover_enabled=”off” button_one_border_width__hover=”null” button_two_border_width__hover_enabled=”off” button_two_border_width__hover=”null” button_one_border_color__hover_enabled=”off” button_one_border_color__hover=”null” button_two_border_color__hover_enabled=”off” button_two_border_color__hover=”null” button_one_border_radius__hover_enabled=”off” button_one_border_radius__hover=”null” button_two_border_radius__hover_enabled=”off” button_two_border_radius__hover=”null” button_one_letter_spacing__hover_enabled=”on” button_one_letter_spacing__hover=”0″ button_two_letter_spacing__hover_enabled=”on” button_two_letter_spacing__hover=”0″ button_one_bg_color__hover_enabled=”off” button_one_bg_color__hover=”null” button_two_bg_color__hover_enabled=”off” button_two_bg_color__hover=”null”][\/et_pb_fullwidth_header][\/et_pb_section][et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” max_width=”1080px” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.27.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ z_index_tablet=”500″ box_shadow_horizontal_tablet=”0px” box_shadow_vertical_tablet=”0px” box_shadow_blur_tablet=”40px” box_shadow_spread_tablet=”0px” global_colors_info=”{}” sticky_enabled=”0″]Fulham Co, Inc. Terms and Conditions of Sale
\nRevised June 26, 2025<\/p>\n
PDF version available here<\/a><\/p>\n TERMS<\/strong> FREIGHT<\/strong> TRANSPORTATION CLAIMS<\/strong> PACKAGING<\/strong> ORDER PROCESSING <\/strong> Email: order@fulham.com<\/a> or Fax: +1 (323)754-9060<\/p>\n Purchase Orders submitted with discrepancies in price, item, or delivery information may be subject to delays or possible holds, until written confirmation is received. Please include your Fulham account number on your Purchase Orders to ensure accurate pricing and faster order processing. Email: order@fulham.com<\/a> PRICES<\/strong> Distributors who advertise, promote, and\/or sell Fulham products on their own or via an independent web site are subject to Fulham\u2019s IMAP pricing policy.<\/p>\n MINIMUM ORDER \/ OPENING ORDER<\/strong> All Distribution Orders: Unless contractually different, minimum billing for all orders is $100 net. A $15 fee will apply for all orders below $100 plus transportation costs.<\/p>\n Non-Stocking Distributors (NSD) are required a minimum $300 opening order requirement per location and $1,000 annual minimum purchases to maintain active account.<\/p>\n Stocking Distributor (DST) are required a minimum $3,000 opening mixed stock order requirement per location and $6,000 annual minimum purchases to maintain stocking distributor status. <\/p>\n ORDER \/ BLANKET ORDER ACCEPTANCE & HANDLING POLICY<\/strong> Customer may reschedule the original PO release date by one month maximum for each release on a blanket purchase order. RETURNS<\/strong> OEMs: No returns are allowed.<\/p>\n NON-RETURNABLE MERCHANDISE<\/strong> ORDER CANCELLATION OR MODIFICATION<\/strong> COMPLIANCE WITH REGULATIONS<\/strong> LIMITED WARRANTY<\/strong> LIMITATION OF LIABILITY<\/strong> SMS Communications<\/strong><\/p>\n Opt in: By opting in to receive SMS messages from Fulham you agree to receive text messages regarding account management, answers to inquiries and customer support. GENERAL<\/strong> ACCEPTANCE<\/strong> GOVERNING LAW<\/strong> ARBITRATION OF DISPUTES<\/strong> SEVERABILITY<\/strong> ENTIRE AGREEMENT<\/strong> We respect your privacy; you can view our full privacy policy<\/a> and terms and conditions<\/a>.<\/p>\n Fulham reserves the right to change these Terms and Conditions of Sale without notice.<\/em>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n<\/span>","protected":false},"excerpt":{"rendered":" Fulham Co, Inc. Terms and Conditions of Sale Revised June 26, 2025 PDF version available here TERMS Payment terms on all Fulham Co, Inc. (\u201cFulham\u201d) shipped products and services to the applicable customer (\u201cCustomer\u201d) are \u201cNet 30 days\u201d from date of invoice, unless otherwise expressly agreed in writing by Fulham. All other orders must be […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":3373,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" \u00a0<\/p> Revised September 1, 2010<\/p> TERMS<\/strong> FREIGHT ALLOWANCE (Distributors)<\/strong> FREIGHT ALLOWANCE (OEM\u2019s)<\/strong> FREIGHT ALLOWANCE (All shipments)<\/strong> TRANSPORTATION CLAIMS<\/strong> PACKAGING<\/strong> PRICES<\/strong> RETURN OF STOCK MERCHANDISE<\/strong> NON RETURNABLE MERCHANDISE<\/strong><\/p> \u00a0<\/p> ORDER CANCELLATION OR MODIFICATION<\/strong> LIMITED WARRANTY<\/strong>
\nPayment terms on all Fulham Co, Inc. (\u201cFulham\u201d) shipped products and services to the applicable customer (\u201cCustomer\u201d) are \u201cNet 30 days\u201d from date of invoice, unless otherwise expressly agreed in writing by Fulham. All other orders must be paid in advance either by credit card or wire transfer. Past due invoices are subject to a 1.5% late fee per month. A $25 service fee will apply to all returned checks.<\/p>\n
\nExcept as otherwise expressly agreed by Fulham in writing, all shipments are EXW Fulham\u2019s dock (Incoterms 2010). Please contact your Fulham Regional Sales Manager for details regarding Fulham’s freight policy.<\/p>\n
\nFulham products are tested for mechanical defects prior to shipping. Title and risk of loss passes to Customer upon delivery by Fulham to the transportation company (\u201cCarrier\u201d). All claims for damages or shortages in transit shall be made by the Customer with the delivering Carrier. Carrier are responsible for inspecting packaging at time of shipment and assume responsibility for both apparent and concealed damages sustained by improper handling.<\/p>\n
\nFulham reserves the right to optimize packaging at Fulham\u2019s discretion. Some products may only be available in bulk package multiples or case quantities. <\/p>\n
\nFulham\u2019s strives for \u201csame day\u201d shipping for orders received before 12pm PST. To ensure processing accuracy, we encourage placing orders in one of the following ways:<\/p>\n
\nFor order inquiries, tracking information, price & availability questions, or technical questions, please contact us in one of the following ways:<\/p>\n
\nPhone: +1 (323) 599-5000 or +1 (323) 779-2980<\/p>\n
\nPrices are subject to change without notice.<\/em> In the event of a price increase, all accepted orders on hand will be filled at the lower prices provided such orders are released for shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase date, the orders will be billed at prices in effect at the time of shipment. Special quoted orders that cannot be released for shipping prior to the price increase may be subject to an increase in price.<\/p>\n
\nAll OEM Orders: Minimum billing for all orders is $250 net. A $25 fee will apply for all orders below $250 plus transportation costs. A $50 service fee will be applied to all drop ship orders.<\/p>\n
\nAdditional requirements for Customer Orders:
\n– All customer orders should have a requested release schedule.
\n– Hold for Release orders will not be accepted
\n– If an order is refused at destination, all warehousing, delivery, disposition and return costs will be charged to Customer.<\/p>\n
\n– Requests for an exception to reschedule delivery by more than one month or for any additional rescheduling requests must be reviewed and approved by Fulham.
\n– Any exception approved by Fulham after the second reschedule will be subject to a 2% per month inventory carrying fee. Such an order will also be reviewed for potential cancellation by Fulham.
\n– If the order is cancelled by Fulham due to frequent schedule changes, customer will be responsible to take any and all the inventory Fulham has built for that order within 30 days of the cancellation.<\/p>\n
\nDistributors: No merchandise may be returned without prior written authorization from Customer Service. All returns must be shipped prepaid to the location designated on the return authorization. Credit will be issued based on the original invoice price or price in effect at time of return, whichever is lower, less a minimum restocking charge of 25%. Customer is responsible for all return freight charges, including taxes, customs and duties if applicable. All product returned for credit must be unused, undamaged, and in original packaging. Returned products will be received by Fulham\u2019s Quality Control Department for inspection and testing to confirm they are undamaged, unaltered and in good working condition. Credit will be based on the ability to resell the product as determined by Fulham\u2019s Quality Control Department.<\/p>\n
\nProducts may not be returned if they are made to order, non-stock, special, custom, semi-custom, modified, obsolete or discontinued. Additionally, products held by Distribution Customers for more than 12 months, or if they have been installed, damaged, altered, or modified in the field may not be returned. There are no returns for OEM customers.<\/p>\n
\nOrders for stocked items may be cancelled prior to shipment without charge. All other orders may not be cancelled unless Fulham is reimbursed by Customer for work already performed and\/or for special material purchased. Changes or modifications to a blanket order are not allowed unless the Customer obtains pre-approval from Customer Service. This includes changes to blanket order release dates by more than 30 days. Any approved change to order release schedule by more than 30 days is subject to 2% inventory carrying fee.<\/p>\n
\nWhile Fulham strives to develop its products for operation in as many regions and states as practical, its products may or may not adhere to local or state regulations for specific building codes or energy regulation or other applicable laws or rules. As between Customer and Fulham, Customer is solely responsible for ensuring that the products it purchases from Fulham and the manner in which those products are installed and used adhere to all federal, state, and local laws, codes, rules, and other regulations, including the applicability of any available exemptions. <\/p>\n
\nFulham warrants all products sold to be free from defect in manufacturing, under normal and proper storage, installation, and use. The full terms of the Fulham Limited Warranty are updated periodically and published on Fulham\u2019s website at www.fulham.com<\/a> under Warranty Center. <\/p>\n
\nThe then-current Fulham Limited Warranty provides the Customer\u2019s sole and exclusive remedy relating to Fulham products. The total liability of Fulham on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, Fulham\u2019s performance or breach of the foregoing limited warranty or from Fulham\u2019s sale, delivery, repair, or replacement of any products, or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty set forth above. IN NO EVENT SHALL FULHAM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, AND\/OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY).<\/p>\n
\nData Rates and Frequency: Standard message and data rates may apply. Message frequency may vary.
\nOpt out: You can opt out at any time by replying STOP or email us at order@fulham.com<\/a> to request mobile opt out.
\nHelp: For help please reply HELP or reach out to us at order@fulham.com<\/a>.
\nConsent: Mobile opt in data or consent will not be shared with third parties for marketing or promotional purposes.<\/p>\n
\nFulham price sheets are not offers to sell, and possession of a price sheet does not entitle Customer to purchase products. Fulham shall not be bound to sell any products unless it shall (in its sole discretion) accept submitted purchase orders. Specifications are subject to change without notice; consult Customer Service for verification. The compliance of Fulham\u2019s product to individual project specifications and the approval for their use is not warranted by Fulham. If Customer does not pay the purchase price within the time periods set forth above, Fulham reserves the right to assess a finance charge on any unpaid, past due balance up to the maximum legal rate. If any amount due Fulham is collected or attempted to be collected through an attorney at law, Fulham shall be entitled to recover all collection expenses, including attorney\u2019s fees.<\/p>\n
\nAcceptance of orders can be made only by Customer Service in Fulham\u2019s Hawthorne, CA offices on the basis of these terms and conditions of sale. Fulham will not accept orders that require Customer furnished components.<\/p>\n
\nThis Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict of laws principles that would result in the application of the laws of another jurisdiction. In the event of any dispute arising out of these terms, any United States or State Courts located in Los Angeles County, California shall have personal jurisdiction and venue of the parties and delivery of process in any such dispute by a recognized overnight commercial courier service and telefacsimile to the last known business address of Customer or Fulham shall be deemed sufficient to confer personal jurisdiction on any of said courts. THE PARTIES HEREBY WAIVE ANY CLAIMS OF RIGHT TO A JURY TRIAL OR FORUM NON CONVENIENS OR RIGHTS TO TRANSFER TO ANOTHER JUDICIAL DISTRICT OUTSIDE OF CALIFORNIA. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys\u2019 fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).<\/p>\n
\nAny dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be Los Angeles, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.<\/p>\n
\nShould any part, term or provision of this Agreement be declared by a court, or other tribunal, of competent jurisdiction to be invalid, void, or unenforceable at law or in equity, it is the express intention of the parties hereto that such part, term, or provision shall be construed in such manner as to provide for the enforcement thereof to the maximum extent and in the broadest scope permitted under law, and all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired, or affected thereby.<\/p>\n
\nExcept as expressly agreed in writing and signed by a corporate officer of Fulham, the terms and conditions stated above shall constitute the entire sales agreement between Fulham and the Customer. Any contrary or additional terms or conditions submitted by the Customer (other than the description of the products being ordered and the requested quantities, shipping date, and shipping location contained in Customer\u2019s purchase order) shall be deemed to be of no force or effect and are hereby rejected. Customer\u2019s submission of a purchase order shall indicate Customer\u2019s acknowledgment of; and agreement with these Terms and Conditions.<\/p>\nFulham Company, Inc. Terms and Conditions of Sale<\/td><\/tr> \u00a0<\/td><\/tr><\/tbody><\/table>
Payment terms on all Fulham Company, Inc (Fulham) shipped products and services to Customer are net 30 days from date of invoice.<\/p>
All distributor shipments are F.O.B. Fulham Company, Inc., Hawthorne, CA. All continental USA orders having a distributor price of $1,000 or more for one shipment qualify for free ground freight allowance. Orders to Alaska and Hawaii of $2,000 or more for one shipment qualify for free freight allowance. All orders having a distributor price less than $1,000 will be assessed freight and handling charges. All Fulham products may be combined on a single order to qualify for free freight allowance. For shipments outside the continental United States, contact Fulham customer service (\u201cCustomer Service\u201d) for applicable terms & conditions.<\/p>
All OEM shipments are F.O.B. Fulham Company, Inc., Hawthorne, CA. All OEM Shipments will be coordinated with the Customer and all freight costs will be borne by the Customer unless otherwise specifically agreed to in writing.<\/p>
For all orders that qualify for free freight allowance, Fulham reserves the right to select the carrier and to route shipments at our discretion. Fulham will ship in a manner specified by the Customer provided the Customer assumes any additional transportation costs.<\/p>
Fulham products are tested for mechanical defects prior to shipping. Transportation companies (\u201cCarrier\u201d) are responsible for inspecting packaging at time of shipment and assume responsibility for both apparent and concealed damages sustained by improper handling. Title passes to Customer upon delivery by Fulham to the Carrier, and all claims for damages or shortages in transit shall be made by the Customer with the delivering Carrier.<\/p>
Fulham reserves the right to optimize packaging at our discretion. Some products may only be available in bulk package multiples or case quantities. All lamps must be ordered in full case quantities.<\/p>
Prices are subject to change without notice. In the event of a price increase, all accepted orders on hand will be filled at the lower prices provided such orders are released for shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase date, the orders will be billed at prices in effect at the time of shipment. Special quoted orders that cannot be released for shipping prior to the price increase may be subject to an increase in price. Minimum billing for all product or parts orders is $50 net. A $10 fee will apply for all orders below $50 plus transportation costs. A $10 service fee will apply to all drop ship orders.<\/p>
No merchandise may be returned without prior written authorization from Customer Service. Requests to return merchandise must be made within three (3) months from date of shipment by Fulham. All returns must be shipped prepaid to the location designated on the return authorization. Credit will be issued based on the original invoice price, or price in effect at time of return, whichever is lower, less a minimum disposition charge of 25% (to defray our cost of handling). Credit will not be issued for the outbound freight of the original product shipment. All returned product must be in salable condition in order to qualify for credit. Salable condition means that the product must be in the original carton, be unused and must be received undamaged and in good condition for resale. Returned products will be received by Fulham\u2019s Quality Control Department for inspection and testing to confirm that they are undamaged, unaltered and in good working condition. Credit will be based on the ability to resale the product as determined by Fulham\u2019s Quality Control Department.<\/p>
Orders for stocked items may be cancelled prior to shipment without charge. All other orders or blanket orders may not be cancelled unless Fulham is reimbursed by Customer for work already performed and for special material purchased. Changes or modifications to a blanket order are not allowed unless the Customer obtains pre-approval from Customer Service. This includes changes to blanket order release dates by more than 30 days. If an order is cancelled after shipment or if delivery is refused at destination, all warehousing, delivery, disposition and return costs will be charged to Customer.<\/p>
Fulham warrants all products sold to be free from defect in manufacturing, under normal and proper storage, installation, and use. The Fulham Limited Warranty<\/a> is updated annually and published in our catalog and on our website. Our liability extends only to the repair or replacement of the defective products, and no labor charges for correction of the defect by repair or replacement will be paid by Fulham unless prior written authority has been granted by the Fulham Warranty Department. Fulham shall not be liable for damages that result from deliveries that do not occur within a Customer\u2019s specified time frame or for any delay or default in delivering products where occasioned by any cause beyond the control of Fulham, including without limitation embargoes; shortages of labor, raw materials, or fuel; fires; floods; accidents; acts of war; or other similar causes.<\/p>