Terms and Conditions

Welcome to B.A. Fischer Sales Co., Inc. (sometimes referred to herein as “Company,” “we,” “us,” or “our”). Below is a summary of our Terms and Conditions.

1. Terms

These Terms and Conditions (“Terms”) govern your access to and use of our website, https://www.bafischer.com (the “Website”), and any related services, content, or applications offered therein (collectively, the “Services”). By accessing or using the Website and/or placing an order with us, you (sometimes referred to herein as “User,” “you,” or “your’) agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Website and Services immediately.

2. Eligibility

• Business Customers Only: Our products and Services are intended solely for commercial buyers and authorized retail store representatives. By using the Website, you confirm that you are acting on behalf of a business and have the authority to bind that business to these Terms.
• Compliance: You represent and warrant that you will comply with all applicable laws, rules, and regulations when using our Website and purchasing products.

3. Orders and Acceptance

• Placing Orders: When you place an order, you agree that the information you provide is accurate, current, and complete. Orders are subject to acceptance by us at our sole discretion.
• Pricing: All prices are listed in USD, exclusive of applicable taxes, duties, and shipping charges, unless otherwise noted. We reserve the right to change product pricing at any time without notice.
• Order Confirmation: After you submit your order, you may receive an email acknowledging that we have received it. This confirmation does not signify our acceptance of your order. We reserve the right to reject any order without liability.
• Payment Terms: Payment is due at the time of order placement unless otherwise agreed in writing. We accept cash, check, credit card, or debit card. Late payments may incur interest and/or collection fees.

4. Shipping, Delivery, and Risk of Loss

• Shipping Times: Any shipping or delivery dates provided are estimates only. While we strive to meet these estimates, we are not liable for any delays.
• Risk of Loss: Risk of loss and title for products pass to you upon our delivery to the carrier.
• Inspection and Acceptance: You agree to inspect all products upon receipt and notify us immediately of any damage, shortage, or defect. Failure to provide notice within 30 days of receipt constitutes acceptance of the products as delivered.

5. Returns, Refunds, and Exchanges

• Return Policy: Subject to the conditions outlined in our Return Policy located at https://www.bafischer.com, we may accept returns or exchanges on certain products. Custom or special-order items may not be eligible for return.
• Restocking Fees: We reserve the right to charge a restocking fee for returned products that are not defective.

6. Product Descriptions and Warranty

• Product Information: We endeavor to ensure that product information, including specifications, pricing, and availability, is accurate. However, we do not guarantee that product descriptions or other content is complete, error-free, or current.
• Limited Warranty: Unless otherwise specified, products are sold “as is.” Any manufacturer’s warranty, if applicable, will be passed on to you. To the maximum extent allowed by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Intellectual Property Rights

• Ownership: All content, trademarks, service marks, and other intellectual property displayed on the Website, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors.
• License and Restrictions: You are granted a limited, non-transferable, non-exclusive license to access and use the Website for your legitimate business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any content without our prior written consent.

8. Use of the Website

• Prohibited Conduct: You agree not to:
  • Use the Website for any unlawful purpose.
  • Attempt to gain unauthorized access to any portion of the Website.
  • Introduce viruses, trojans, worms, or other malicious material.
  • Engage in any activity that disrupts or interferes with the Website or its servers.
• Account Security: If the Website requires an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

9. Limitation of Liability

• No Indirect Damages: To the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, consequential, special, incidental, or punitive damages, including lost profits, even if advised of the possibility of such damages.
• Aggregate Liability: In no event shall the Company’s aggregate liability to you for all claims related to the Website, the Services, and products purchased exceed the amount paid by you for the specific product or service giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your breach of these Terms, or your violation of any law or regulation.

11. Third-Party Links and Resources

The Website may contain links to third-party websites and resources. We do not endorse and are not responsible or liable for the content, products, or services available from such third parties. Accessing third-party websites is at your own risk.

12. Force Majeure

We shall not be liable for any delays or failure in performance resulting from events beyond our reasonable control, including acts of God, natural disasters, strikes, war, terrorism, governmental actions, or telecommunication failures.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to its conflict of laws principles. Any legal action shall be brought exclusively in the state or federal courts located in the State of Idaho, and you consent to the personal jurisdiction of such courts.

14. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective upon posting on the Website. Your continued use of the Website after any changes are posted constitutes your acceptance of the revised Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices posted on the Website, constitute the entire agreement between you and the Company regarding the use of the Website and the purchase of products and Services, superseding any prior agreements between you and the Company.

17. Contact Information

If you have any questions about these Terms, please contact us at:

B.A. Fischer Sales Co., Inc.
2403 S. Liberty Street
Boise, Idaho 83709
(888) 375-1411
Sa***@*******er.com