Policies

Effective March 1, 2017

Freight and Shipping Policy

The term F.O.B. (Free on Board) will mean the following for all orders shipped from any supplier location, Jones & Frank location or ANS distribution center:

F.O.B. Shipping Point - Without regard to who pays any freight charges, the risk of loss lies with the customer. Jones & Frank will always ship F.O.B. shipping point unless stipulated otherwise in a written sales agreement. F.O.B. shipping point transfers the title of the shipment of goods when the goods are delivered to a carrier at the shipping point, at which point, the legal title of those goods is transferred to the buyer. Therefore, the seller is not responsible for the goods during delivery.

F.O.B. Destination - Without regard to who pays any freight charges, Jones & Frank assumes risk of loss until goods are delivered to the designated destination. Ownership transfers to the buyer when the goods are delivered to the buyer’s designated delivery point. Jones & Frank will ship F.O.B. Destination in very limited circumstances and only when agreed to contractually.

Note that payment of freight charges has been separated from the risk of loss. This is incumbent upon the purchasing party to make certain all shipments leaving the factory or the distribution center as “F.O.B. Shipping Point” are adequately insured, and that proper inspections, etc. are effected upon delivery of goods.

Payment of freight charges will fall into one of the following classifications depending upon circumstances regardless of the F.O.B. option specified:

Pre-paid (PPD) – Jones & Frank pays all freight charges for orders classified as PPD. In order to qualify for PPD freight, an order must exceed a $300 minimum and be eligible for shipping by parcel carrier at a standard ground service level. All PPD shipments will ship via a Jones & Frank contracted carrier. Exclusions to this policy are shipments outside the lower contiguous 48 United States, shipping costs on any items considered by UPS to be oversized or overweight, and any situation where the customer requests expedited shipment.

Pre-paid and Added to Invoice (PPA) – Jones & Frank pays the freight charges directly to the carrier. However, the charges will be included on the customer’s invoice for the items shipped and the customer will then reimburse Jones & Frank. Unless otherwise agreed, PPA shipments will be tendered to a Jones & Frank contracted carrier. All orders requiring LTL or truck load service, will ship PPA. All expedited orders (next day delivery) will ship PPA.

Collect (COL) – Jones & Frank will not pay any freight charges for the shipment. The receiving party will pay the charges when the goods are delivered.

Other charges for product delivery - In cases where there are additional charges for product delivery, such as crating fees, hazmat fees, COD fees, special handling charges or any other assessorial charges, Jones & Frank will invoice the customer for all such charges based on Jones & Frank’s best estimate of such charges at the time of shipment. Such charges will be billed regardless of the method of shipment (i.e. parcel versus freight) unless Jones & Frank has specifically agreed otherwise with the customer.

When customer necessity requires Jones & Frank to process and ship product outside of normal business hours (late night emergencies and weekends), Jones & Frank will charge a $100.00 service fee for non-standard labor.

Shipment Routing - All shipments will be routed via contract carriers unless otherwise agreed to in writing. Special routing requests must be specified at time of order submission. Best service and rates will be obtained if carrier selection is made by Jones & Frank. All quoted transit times are approximations and are subject to delays outside of our control.

Insurance - Common carriers are obligated to assume responsibility for goods they carry. The dollar limit and reimbursement rate varies by the carrier.

F.O.B. Shipping Point (Common Carrier) - The common carrier assumes responsibility for the goods transported and customers must recover damages from the carrier.

Lost Shipments - Jones & Frank’s responsibility on all surface and air freight shipments extends to actual shipping of the order. Tracing or follow up is the responsibility of the customer and the carrier. Nevertheless, you may always expect our full cooperation in helping to locate lost material. After allowing a reasonable amount of time for delivery, contact your Jones & Frank sales representative for tracing assistance.

Truck Shipment – Jones & Frank will provide you with the pro number and details for the customer to track shipments via the carrier’s website.

Parcel, Air Freight and Air Express – Jones & Frank will provide the waybill number and details for the customer to track shipments via the carrier’s website.


General Returns and Claims Information

KEEP ALL PRODUCTS IN THE ORIGINAL BOXES AND PACKAGING. Jones & Frank will only accept a return if: the Return Goods Request Form is in compliance with this policy or an exception is approved; a Return Goods Authorization number (RGA) has been issued; a copy of the RGA is included with the return; the product is returned in the original manufacturer's packaging and is in new and resalable condition. 15% restocking fees will apply on all straight returns (incorrectly ordered, ordered more than needed etc.). Some items noted as "special order or non-returnable" may be accepted on a case-by-case basis, and will be subject to a higher restocking fee.

Shipping Errors and Shortages - It is very rare that you will receive an incorrect product or a short shipment; we double-check all orders before we ship them. However, if we made a mistake/error in shipping, contact us within 5 business days of receiving your order. We will then issue an RGA and return instructions for items shipped in error. For shortages, we will either ship the missing items to you at no charge or issue you a credit. No restocking fees will be assessed if Jones & Frank made an error processing your order.

Damaged Goods - For parcel shipments (i.e. UPS, FedEx, etc.), you must notify Jones & Frank and the carrier within 2 business days of delivery. Visible damage must be annotated on the delivery receipt and a claim filed with Jones & Frank, and we will in turn file a claim with the carrier on your behalf. Concealed damages must be claimed within 5 business days of receipt.

If your shipment is being transported via freight truck, we want you to be aware of your rights and responsibilities as the end recipient (from here forward known as the "consignee"). There are a lot of things that can happen between the origin and your delivery location; therefore, we are asking you to do a very small amount of work to protect yourself, and us.

To ensure that you are receiving what you ordered, and in acceptable condition, the National Claims Council Regulations specify that you must inspect, examine, and inventory your shipment as it is unloaded.

Upon delivery, inspect the shipment for obvious damage. All shortages and damages must be noted on the Bill of Lading or Freight Bill. If you determine that any items are damaged or missing, you MUST note the item, the discrepancy, and the condition before you sign the delivery receipt. Contact the freight company to report the discrepancy and file your claim with Jones & Frank.

Open all cartons and containers. If there is the slightest doubt that the merchandise is damaged (concealed or otherwise) it must be noted on the Bill of Lading or Freight Bill, or the liability to prove that the delivering carrier caused the damage becomes your responsibility.

The carrier’s driver cannot leave the delivery point until the Bill of Lading or Freight Bill is signed. The carrier's driver should help you receive your shipment and answer your questions. While your driver is there, compare the pieces of freight you are receiving to the carrier's freight bill. Once you've determined that the condition and quantity of your freight is acceptable, you can then sign the delivery receipt. The driver will provide you with a copy of the delivery receipt. The Bill of Lading or Freight Bill is the only binding documentation indicating the condition of a shipment when it arrived at your location, and without this document, the carrier cannot be held liable for items damaged or missing.

Your signature on the delivering carrier's Bill of Lading (BOL) constitutes acceptance of the merchandise as is and in good order. If you do not inspect the delivered merchandise before signing the BOL, you are, for all practical purposes, waiving the right to collect on a damage claim even if the damage is discovered later (known as concealed damage).

Concealed Damage - Although we strongly recommend inspecting the shipment prior to signing the delivery receipt, it may not always be possible. If the consignee or their representative sign for the shipment, and then at a later time discover that there is some damage not noticed at delivery (called "concealed damage"), then a claim will need to be filed by the consignee for concealed damage. Concealed damages must be claimed within 5 business days of receipt.

In the event of concealed damage, it is vital that you immediately document and photograph (if possible) the packaging and the damage. You must keep all of the packaging. If possible, do not move the item. Jones & Frank will call the carrier and report the damage. The carrier will begin a concealed damage claim and schedule an inspection. The inspector will determine if the damage was carrier caused and the extent of the carrier’s liability. Jones & Frank will settle approved claims directly with the customer.

Best Practices:
1. Whenever signing for freight, always write "SUBJECT TO INSPECTION".
2. Always inspect the freight before you sign the delivery receipt.
3. Note on the freight bill any obvious damage at the time of delivery (i.e. box corners crushed, tears, rips, slices, marks etc.); be specific.
4. If you suspect internal damage, open all crates, boxes and cartons immediately.
5. Even if no damage is suspected, open the carton(s) within 24 hours and make a thorough inspection.
6. After noting freight damage on the bill of lading, you must call the carrier, and notify us of the damage. We will ask you to send us a copy of the bill of lading that documents the freight damage.
7. Hold all damaged goods and their packaging materials, in the original location, for inspection by the carrier.

Product Returns - Our return policy is intended for timely processing of returns and issuance of credit to our customers. Failure to adhere to the following guidelines may result in delays or loss of credit.

Products purchased from Jones & Frank deemed to be "normal stocking items" may be returned for a period of ninety (90) days from the original invoice date. "Normal Stocking Items" returned within this time frame will be credited less a 15% restocking fee. Special order items may only be returned if the original manufacturer authorizes the return. Restocking fees for special order items may be greater than 15%, depending on the manufacturer’s return policies. In order to receive credit, products must be received by Jones & Frank undamaged and in their original packaging. Computer software and electronic boards will not be accepted for return if the original factory seal is not intact or if the original packages were opened.

All product returns require a written Return Goods Authorization (RGA) from the Jones & Frank Returns Department. If authorized for return, transportation charges must be prepaid by the requestor unless otherwise noted by Jones & Frank in the RGA. All goods authorized for return are subject to inspection and acceptance. To receive authorization to return material, customers must fill out a Return Goods Request form. Forms may be downloaded here or obtained by fax or email from your Customer Service Representative. The Return Goods Request may then be emailed to returns@jones-frank.com. A numbered RGA will be faxed or emailed back to the customer indicating approval to return the product or denial. An approved RGA will be valid for a period of thirty (30) days. All returns must be sent to the facility noted on the RGA, and you must include a copy of the RGA as a packing list. Also, the RGA # must be clearly legible on the outside of the package(s). Under no circumstances should any items be returned directly to the manufacturer or other party unless prior written authorization is obtained from the Jones & Frank Returns Department.

Core Returns - All cores are to be returned to Jones & Frank Cores and Warranty Department within thirty (30) days of the original replacement product invoice. Additionally, core return quantities may not exceed the quantity of replacement items purchased without prior approval. All cores must be in repairable condition. No core return credit will be issued for a non-repairable core or a core that is missing components.

Warranty Returns - Any warranty applicable to goods purchased from Jones & Frank is provided solely by the product manufacturer, the terms of which will be furnished on request. Jones & Frank may, but shall not be required to, replace the defective goods from Jones & Frank inventory or provide a credit for the amount of the purchase price of such goods. Jones & Frank assumes no liability for any incidental, consequential or other damages claimed to have been caused by defective products.

All warranty items must be returned to Jones & Frank with all required paperwork and authorizations (including manufacturer’s approved claim and an RGA issued by Jones & Frank). Items received without proper documentation will be returned to you for correction and resubmittal.
If a replacement part is ordered prior to returning the defective part, you will be invoiced at regular price for the replacement part upon shipment. You must pay the invoice for the replacement part in accordance with your standard payment terms. Jones & Frank will return the defective part to the manufacturer, along with the corresponding authorizations. Once Jones & Frank receives credit from the warranty item from the manufacturer, we will in turn, issue the corresponding credit to your account. If a warranty item is not returned within fifteen (15) days of shipment and invoicing of a replacement item, you will need to pay the invoice for the replacement item in accordance with your normal terms and you will no longer be eligible to return the warranty item to Jones & Frank.

If your warranty claim is denied by the manufacturer, you are still responsible for paying Jones & Frank for the full value of the replacement part.


Customer Owned Inventory Storage Agreement (J&F Warehouse)

Jones & Frank (Supplier) may, from time to time, house materials or inventory owned by Customer (“Customer Materials”) at its facility (“Supplier Facility”) in order for Supplier to perform services for Customer and Customer and Supplier desire to agree to the terms and conditions upon which Supplier will store such Customer Materials. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Customer agrees to pay the storage and other fees associated with Supplier’s storage, inventorying and warehousing of the Customer Materials (“Customer Materials Warehouse Storage Fees”).

2. Upon Supplier’s receipt of Customer Materials, Customer agrees that it shall bear all and insure against all risk of loss at all times while such Customer Materials are located at the Supplier Facility or while such Customer Materials are under the direction and control of Supplier. Unless caused by the gross negligence or willful misconduct of Supplier, in no event shall Supplier be liable for any loss or damage to the Customer Materials.

3. In the event there is no order or other activity related to the Customer Materials for a period of six (6) months or upon expiration or termination of this Agreement, Supplier will use reasonable efforts to notify Customer of any such Customer Materials which remain under Supplier’s direction or control and, unless otherwise agreed to in writing by both parties, Customer shall accept C.O.D. return shipment of all such remaining Customer Materials. In the event such Customer Materials are returned to Supplier, Customer shall remain liable for all costs related to the shipment of such Customer Materials and Supplier shall have the right to destroy, resell or otherwise dispose of such Customer Materials and Customer shall be liable for all costs and expenses related thereto, including but not limited to all costs of shipment, destruction, resale, enforcement of and collection under this Agreement, including reasonable attorneys’ fees.

4. This Addendum shall remain in effect until such time as Supplier is no longer in possession or control of any Customer Materials provided that either party may terminate this Addendum immediately for cause upon written notice, which notice will include a ten (10) business day opportunity to cure. Either party may terminate this Addendum for convenience upon thirty (30) days written notice to the other party.


Supplier Owned Inventory (Purchased and Stored for Customer)

Jones & Frank (Supplier) may, from time to time, purchase materials and/or inventory on Customer’s behalf (“Supplier-Managed Inventory”) and such Supplier-Managed Inventory shall be stored at Supplier’s facility (“Supplier Facility”) in order for Supplier to perform services for Customer. Customer and Supplier desire to agree to the terms and conditions upon which Supplier will warehouse and store such Supplier-Managed Inventory. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. Customer agrees to pay the storage fees associated with Supplier’s storage, management and inventorying of the Supplier-Managed Inventory (“Supplier-Managed Inventory Warehouse Storage Fees”).

2. In the event there is (a) a de minimus or no order activity related to the Supplier-Managed Inventory for a period of three (3) or more months; (b) upon the expiration or termination of this Addendum; or (c) the expiration of termination of the Agreement between the parties to which the Supplier-Managed Inventory is addressed or the subject of, Supplier will use reasonable efforts to notify Customer of any such Supplier-Managed Inventory which remains under Supplier’s possession, direction or control and, unless otherwise agreed to in writing by both parties, Supplier shall invoice Customer for such Supplier-Managed Inventory and payment shall be due within thirty (30) days of the invoice date. For amounts owed which are more than thirty (30) days past due, Supplier may charge Customer interest in the amount of one and a half percent (1 ½%) per month or the maximum rate permitted by law. Upon receipt of payment from Customer, Customer shall accept C.O.D. return shipment of all such remaining Supplier-Managed Inventory and shall be responsible for all other costs or expenses related to the return of such Supplier-Managed Inventory. Risk of loss of Supplier-Managed Inventory shall transfer to Customer upon shipment. In addition to all other remedies available to Supplier, in the event that Supplier does not receive full payment for the Supplier-Managed Inventory within sixty (60) days of the invoice date, Supplier shall have the right to destroy, resell or otherwise dispose of such Supplier-Managed Inventory and, in addition to the invoiced amount of the Supplier-Managed Inventory, Customer shall be liable for all costs and expenses related thereto, including but not limited to all costs of shipment, destruction, resale, enforcement of and collection under this Agreement, including reasonable attorneys’ fees.

3. This Addendum shall remain in effect until such time as Supplier is no longer in possession or control of any Supplier-Managed Inventory provided that either party may terminate this Addendum immediately for cause upon written notice, which notice will include a ten (10) day opportunity to cure. Either party may terminate this Addendum for convenience upon thirty (30) days written notice to the other party.

4. This Addendum constitutes and contains the entire agreement between the parties with respect to the storage, warehousing and inventorying of the Supplier-Managed Inventory. The parties acknowledge and agree that to the extent there is a conflict between any terms in this Addendum and any terms contained in the storage, warehousing and inventory provisions related to the Supplier-Managed Inventory contained in any other agreement executed by the parties, the terms related to such storage, warehousing and inventory of the Supplier-Managed Inventory contained therein, shall be governed by this Addendum and the terms contained herein shall prevail.