The following Terms and Conditions are those in effect unless otherwise negotiated in writing between Jelinek Cork Group and Buyer. 

Payment Terms:

Terms are net 30 days upon approved credit. Prices and discounts are subject to change without notice. All quotations are valid for 30 days unless otherwise stated.

Price Revision:

Although Jelinek Cork Group usually attempts to provide sufficient notice of pending price increases, prices are nevertheless subject to change without advance notice. Jelinek Cork does everything possible to maintain price quotations for as long as possible, however, due to world economic changes beyond company control (ie: currency exchange rates; oil, gas, and energy prices; freight costs; raw material yields; etc.) and political issues influencing business (ie: new legislation, revised taxes, added duties, etc) there are times when price adjustments, even on current and open orders,  must be made to compensate for such economic uncertainties.   Furthermore, if Jelinek Cork desires to revise the discounts, prices, points of delivery, service allowances or terms of payment but is restricted to any extent against so doing by reason of any governmental request, law, regulation, order or action, or if the discounts, prices, points of delivery, service allowances or terms of payment then in effect are altered by reason of governmental request, law, regulation, order or action, Jelinek Cork shall have the right (i) to terminate the Agreement and/or Order by notice to Buyer, (ii) to suspend deliveries for the duration of such restriction or alteration or (iii) to have applied to the Agreement and/or Order (as of the effective date of such restriction or alteration) any discounts, prices, points of delivery, service allowances or terms of payment governmentally acceptable. Any delivery suspended under this Section may be canceled without liability.

Delivery:

F.O.B. Jelinek Cork plant or distribution center. Risk of loss shall pass to Buyer on delivery at the F.O.B. point. Prepaid freight by Jelinek will be charged to Buyer unless otherwise agreed. Jelinek Cork will select the means of transportation unless Buyer provides specific written instructions otherwise with Buyer's order. Jelinek Cork shall not be bound to tender delivery of any quantities for which Buyer has not given shipping instructions. Jelinek shall be entitled to designate the locations from which Buyer may receive or pick up Products.

Freight and Taxes:
Unless otherwise agreed to or indicated in writing, prices do not include prepaid freight or any federal, state, provincial, or local taxes. Any increase in freight rates paid by Jelinek Cork on deliveries covered by agreements and/or orders and thereafter becoming effective, and any tax or governmental charge or increase in same (i) increasing the cost to Jelinek Cork of producing, selling or delivering Products or of procuring Products used therein or, (ii) payable by Jelinek Cork because of the production, sale or delivery of Products, such as Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Receipts Tax, Value Added Tax, Goods and Services Tax, and Ways Fees may, at Jelinek Cork’s option, be added to the prices specified and be added to invoices.

Order Cancellation Charges:
If production against an agreement and/or order had already begun at the time of order cancellation, Buyer may be liable for the part of the order which has been completed by the time of order cancellation.  This may include machine time and setup costs, raw material, and/or partially or fully completed Products.  The exact charges, if any, will be determined by Jelinek Cork and invoiced to Buyer. Non-stock or customized stock Products may be subject to a higher cancellation charge to be determined by Jelinek Cork depending upon the portion of Product completed at the time of such cancellation.

Order Changes:
Buyer must notify Jelinek Cork in writing of requested changes in the quantity, drawings, designs or specifications for Products which are ordered but not yet in the process of manufacture. After receipt of such notice, Jelinek Cork will inform Buyer of any adjustments to be made in price, delivery schedules, etc. resulting from Buyer's requested changes prior to incorporating requested changes into manufactured Products.

Restocking Charges:

Products which have not been used or modified and are considered standard stock Products by Jelinek Cork may be returned to the relevant Jelinek Cork facility for a fifteen percent (15%) restocking charge plus return freight (unless return freight is prepaid by Buyer). Non-stock custom made Products or modified Products cannot be returned.  Restocking of Products requires Jelinek Cork’s prior written approval and authorization to be returned and must be returned within thirty (30) days from the date of delivery. Returns may take up to forty-five (45) days to process.

Return of Damaged Product Policy:

Prior approval must be obtained from Jelinek Cork to return any Product. Buyer must clearly explain why Product should be returned.  In its sole discretion, Jelinek Cork may or may not accept the return of Product if product is deemed satisfactory by Jelinek Cork and if cause of return is deemed frivolous or if product is changed for whatever reason or by whatever means. If Jelinek Cork deems a legitimate cause for return of Product, Jelinek Cork will notify the Buyer and assign a return authorization number and record the reason for the return. Jelinek Cork will examine returned Product to determine the actual cause, if any, leading to Buyer's return. If Product has a manufacturing defect, Jelinek Cork, in its sole discretion, may issue a credit for the returned Product or repair or replace with like Product. Products must be returned no later then thirty (30) days from the date of delivery.  In no case can Jelinek Cork be held liable for any additional costs beyond the value of the returned Product cost but only in the event if such Product is found to have a manufacturing defect.  If returned Product is found not to have a manufacturing defect a fifteen percent (15%) restocking charge plus return freight (unless prepaid by Buyer) will be charged to Buyer.

Custom Product and Design Development Charge:

An extra engineering and/or design development charge may be applied if Custom made Products or modifications to standard Products are required. This extra charge would be estimated in writing by Jelinek Cork prior to work commencement.  This Development Charge would be separate from Product costs but could be included in the price of Prototypes.

Dies and Tool Charge:

If dies or special tooling is required for the production of custom Products, the cost for such dies or tools may be charged to Buyer, and may or may not form a part of the Development Charge noted above.  Additionally repairs and modifications to already existing dies and tools may be charged to Buyer.  Jelinek Cork will advise Buyer in advance of work commencement if such charges will be applicable and Buyer will notify Jelinek Cork in writing of acceptance of such charges.  In the event Buyer does not accept Dies and Tool charges, any agreement and/or order relating to those charges will be considered cancelled, and Jelinek Cork will not be held liable for any ramifications caused by such cancellation.

Prototypes, Samples and/or Custom Products:

If Buyer orders and/or Jelinek Cork delivers a Product designated as a "Prototype, Sample and/or Custom Product", no guarantees, warranties or representations as to fitness for a particular purpose or merchantability are made with respect to such. Buyer shall have the duty and sole responsibility to test a Prototype, Sample and/or Custom Product prior to acceptance and/or incorporation into end-use applications. Further, a production Product based on a Prototype, Samples and/or Custom Product design may differ in assembly methods and material type and grade from the Prototype, Samples and/or Custom Product. Buyer, therefore, shall have the duty and sole responsibility for testing and acceptance of production Products which are based on Prototype, Samples and/or Custom Product designs.

Excuse of Performance:

(A) Deliveries may be suspended by either party in the event of: Act of God, war, riot, fire, explosion, accident, flood, sabotage; lack of adequate fuel, power, raw materials, labor, containers or transportation facilities; compliance with Governmental Requirements (as hereinafter defined); breakage or failure of machinery or apparatus; national defense requirements or any other event, whether or not of the class or kind enumerated herein, beyond the reasonable control of such party; or in the event of labor trouble, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgment); which event makes impracticable the manufacture, transportation, sale, purchase, acceptance, use or resale of Products or a material upon which the manufacture of Products is dependent.

(B) If Jelinek Cork determines that its ability to supply the total demand for Products, or obtain any or a sufficient quantity of any material used directly or indirectly in the manufacture of Products, is hindered, limited or made impracticable, Jelinek Cork may allocate its available supply of Products or such material (without obligation to acquire other supplies of any such Products or material) among itself and its purchasers on such basis as Jelinek Cork determines to be equitable without liability for any failure of performance which may result therefrom.

(C) Deliveries suspended or not made by reason of this Section shall be canceled without liability, but agreements and/or orders shall otherwise remain unaffected.         

(D) In the event Jelinek Cork determines the financial strength or credit of Buyer is negatively changed and impacted or if the Buyer enters Chapter 11 or becomes bankrupt or becomes insolvent, or if a credit report indicates a poor credit risk, or if Buyer is late in making payments for past deliveries, at its sole discretion and without possible liability for late delivery or non-delivery, Jelinek Cork may choose not to supply Buyer further goods until such time that Buyer can guarantee and Jelinek Cork can accept such guarantee of full and timely payment of both past and future obligations and outstanding debts.

Warranty and Limitation of Liability:

Jelinek Cork warrants its Product against defects in material and workmanship for  one (1) year from the date of delivery, provided such Product is properly handled, stored, installed, applied, used and maintained. In some cases, also refer to the express written warranty time period for other individual Products (ie: cork floor tile warranty). Jelinek Cork does not warrant any Product against damage from unacceptable storage, improper installation and/or use, improper maintenance, improper bottling and/or corking techniques, contamination, misapplication, improper specification or wear and tear and operational conditions beyond Jelinek Cork’s control. The terms of this Warranty are the exclusive terms available to Buyer during the period of this Warranty. No person has authority to bind Jelinek Cork to a representation or warranty other than this express Warranty.

Jelinek Cork shall not be liable for incidental or consequential damages resulting from the use of Products whether a claim for such damages is based upon warranty, contract, negligence or other cause of action. Should any Product fail due to a manufacturer defect while subject to this Warranty, such Product shall be repaired or replaced or credited to Buyer, at Jelinek Cork’s option, but the overall cost of such repair or replacement or credit would be no greater then the invoiced cost of the product.  Jelinek Cork must be notified of the alleged failure of Product within thirty (30) days of such event and advanced authorization for repair or replacement or credit must be obtained in writing from Jelinek Cork. This warranty is made expressly in lieu of all other warranties, expressed or implied, including without limitation, any warranty arising from a course of dealing or usage of trade, and all other such warranties are specifically excluded. 

The correction of any defect or failure of Product by repair or replacement or credit to the extent set forth above shall be Jelinek Cork’s limit of liability and the exclusive remedy for any and all losses, delays or damages resulting from the purchase or use of the Product.  In no event or circumstance shall Jelinek Cork or Jelinek Cork shareholders, executives or employees be liable for special, indirect or direct, incidental or consequential damages, and Buyer and any other person or entity to whom Products are transferred during the period of this warranty assumes responsibility for all personal injury and property damage resulting from or related to the handling, possession or use of Products and Products manufactured, assembled, distributed and sold by Jelinek Cork Group, including all Jelinek Cork Group of companies, divisions, and affiliates.

Web Site Disclaimer

The contents of this web site are provided “as is”.  Although Jelinek Cork Group always strives to provide accuracy, the site may contain technical and descriptive inaccuracies, typographical and photographical errors and out-of-date information. Jelinek Cork web site information may be updated or changed without notice at any time. Use of the information is therefore at readers own risk. In no event shall Jelinek Cork be liable for special, indirect, incidental or consequential damages resulting from or related to the use of this web site.