AFCultures Terms Of Sale
Terms of Sale
These Terms of Sale explain how orders with AFCultures USA Inc. ("AFCultures") are quoted, approved, manufactured, delivered, and supported. They are designed to give both parties a clear understanding before production begins.
By completing payment or expressly approving a design proof through our electronic approval process, you acknowledge that you have reviewed and agree to these Terms of Sale, the Refund Policy, and the Limited Warranty. AFCultures may retain the approval record, timestamp, email address, IP address, and the policy version presented at the time of acceptance as evidence of the agreement.
- Refund Policy — cancellation stages, refund eligibility, and how refunds are calculated
- Limited Warranty — coverage by product line, warranty tiers, exclusions, and the claim process
If project documents conflict, the following order of precedence applies: (1) a signed project agreement, (2) an accepted quotation that expressly identifies the provision it changes, (3) an applicable Trade Account Agreement, (4) these Terms of Sale, and (5) the Refund Policy and Limited Warranty. A quotation does not override these terms unless the change is clear and accepted in writing by both parties.
How we work
Every AFCultures sign is custom-made to the specification you approve, manufactured through our affiliated production facility in Vietnam, and reviewed by AFCultures before shipment. Your approved proof tells us what to build, and our responsibility is to manufacture the sign to that specification, subject to the commercially reasonable tolerances described in these terms.
If we make a manufacturing error or the sign does not match the approved proof, we will make it right through repair, replacement, remake, or another remedy provided under these terms, the Refund Policy, and the Limited Warranty.
In return, we ask you to review your proof and finished-product video carefully, share any concern with us promptly, and allow our team a fair opportunity to resolve it. Clear communication on both sides helps us deliver the best result.
Customer Categories
1. Retail / Direct
Businesses, organizations, and professionals ordering signage primarily for their own commercial premises, trade, or professional use. These Terms apply only to products purchased primarily for business, commercial, trade, or professional purposes, and not for personal, family, or household use.
Unless your written quotation states otherwise, payment in full is required before production begins. Sections II through IX apply in full.
2. Wholesale / Trade
Sign companies, resellers, contractors, and agencies purchasing for their own clients. Wholesale accounts operate under Section X, which modifies these terms where stated. Where Section X is silent, the terms below apply.
Wholesale status requires an approved trade account. Contact [email protected].
Quotations and Orders
1. Quotation Validity
Quoted prices are valid for thirty (30) days from issue. After that period, AFCultures may revise pricing to reflect material costs, freight rates, or changes in scope, and will communicate any revision in writing before it takes effect.
2. Scope of a Quotation
A quotation covers only the products, dimensions, materials, finishes, quantities, services, and commercial terms expressly stated in it.
Unless listed as line items, the quotation excludes permits, engineering, site survey, electrical service, structural modification, wall repair, patching, waterproofing, painting, landlord approval, traffic control, lifts or cranes, and other site preparation or installation-related work.
Sales tax, use tax, freight, customs duties, brokerage, and import charges are included only where the quotation expressly says they are included. For international shipments, the quotation should identify the agreed shipping basis and, where applicable, the importer of record.
3. Order Formation
An order is formed when both of the following are complete:
- Payment received — in full, or the deposit stated in your quotation
- Design proof approved in writing by the customer
Production is scheduled only after both conditions are met. Neither condition alone forms an order.
Approving a proof authorizes production and changes what can be refunded. The applicable terms are shown to you before you approve — see Refund Policy.
Electronic acceptance. The payment and proof-approval interfaces may require a clear checkbox or confirmation stating that you have reviewed and agree to these Terms of Sale, the Refund Policy, and the Limited Warranty. AFCultures may retain the acceptance record, timestamp, email, IP address, and applicable document version.
4. Customer-Supplied Artwork
Please make sure artwork you supply is accurate and that you have the right to use every logo, trademark, image, and text element included. AFCultures manufactures from the artwork and proof you approve and does not independently verify trademark ownership.
For the best result, supply artwork in vector format (AI, EPS, or vector PDF) or at a suitable production resolution. If a file is too low-resolution for the requested finish, we will let you know where reasonably identifiable before production. Print limitations caused by customer-approved low-resolution artwork are not manufacturing defects.
Design Approval
1. Proof Process
AFCultures provides a design proof before production. Proofs are free and revisions at this stage are unlimited. No charge arises for design work on an order that proceeds.
Where an order is cancelled after a proof has been produced, a cancellation fee applies — see Refund Policy. This is disclosed on the approval screen.
The proof is the specification of record. It defines dimensions, materials, finishes, colors, illumination type, and mounting method.
2. What to Verify Before Approving
Once approved, the following become the agreed specification:
- Spelling and text — every character, including punctuation and capitalization
- Dimensions — sign size is quoted on the longest dimension; the other follows your artwork's proportions
- Paint color — specify a Pantone (PMS) target for a commercially reasonable match. A physical color reference may be requested for a $100 shipping fee; it is a reference sample rather than a guarantee of identical appearance across different substrates, gloss levels, lighting conditions, production batches, or camera displays.
- Illumination color and type — confirm exact shades, particularly between similar colors
- Surface and finish — including UV print, where surface characteristics differ from screen appearance
- Mounting method — flush, standoff, raceway, or backer
Ask us anything you are unsure about before approving. We would rather answer ten questions at proof stage than remake a sign.
3. Approval Lock
Once you approve the proof, AFCultures may begin purchasing materials, scheduling labor, preparing files, and fabricating your sign.
If you notice a change shortly after approval, contact us immediately. Changes requested within one (1) business day may be accommodated at no charge where production has not advanced too far. After that period, change fees generally start at 10% of the order value and depend on the materials, labor, engineering, and fabrication already completed. We will confirm the cost and revised timeline in writing before proceeding.
Cancellation milestone. Cancellation refunds are no longer available once the product is substantially completed, enters final quality control, or the finished-product review materials have been prepared or sent, whichever occurs first. Cancellation eligibility and calculations are governed by the Refund Policy.
Some changes are no longer possible once fabrication has reached a stage where the affected work cannot reasonably be reversed or reused.
4. Effect of Approval
The approved proof becomes the agreed manufacturing specification. Because we build directly from that approval, errors already shown in the approved proof — including spelling, dimensions, and specified colors — are treated as approved customer specifications rather than manufacturing defects.
Where the finished sign differs from the approved proof, AFCultures remakes it at no cost under Section VI.1.
Manufacturing tolerances. Custom-fabricated products are subject to commercially reasonable manufacturing tolerances. Unless a quotation states a tighter tolerance, minor dimensional, alignment, stud-position, depth, seam, panel-gap, finish, illumination, and handmade-fabrication variations that do not materially affect appearance, fit, function, installation, safety, or code compliance are not manufacturing defects.
Where an AFCultures Manufacturing Tolerance Schedule is supplied with the quotation or proof, that schedule forms part of the approved specification.
5. Design Ownership and Brand Rights
Your artwork remains yours. Logos, trademarks, text, and any artwork you supply remain your property. AFCultures uses them only to fulfill your order.
Design work created by AFCultures remains ours unless purchased separately. Proofs, mockups, renderings, technical drawings, layouts, construction details, and proposals prepared by AFCultures are provided as part of our sales and manufacturing process. They may be used to evaluate and approve your order, but remain the intellectual property of AFCultures unless a separate written design-transfer agreement says otherwise.
On completion of your order, you receive a full license to use the approved design for your own signage, including replacement, repair, and additional units ordered from AFCultures. This license is granted on final payment.
Where an order is not completed, AFCultures retains all rights in the design work produced. Proofs and proposals may not be provided to another manufacturer, used to obtain fabrication elsewhere, or reproduced in whole or in part.
Design purchased separately. Where you commission AFCultures specifically to create a design as a paid service, separate from the manufacture of a sign, you own the resulting design outright.
Technical and construction detail — fabrication methods, material specifications, engineering drawings, and mounting details developed by AFCultures — remains ours in all cases and is not transferred by any license above.
6. License to Manufacture and Brand Protection
License to manufacture. By approving a design proof, you grant AFCultures a limited license to reproduce your logo, trademark, and brand elements for the sole purpose of manufacturing the signage you have ordered. This license is limited to your order.
AFCultures will not commercialize your brand. AFCultures does not sell, offer for sale, reproduce for any other customer, or otherwise commercially exploit any sign bearing your logo, trademark, or brand identity. Your brand is manufactured for you and for no one else.
Portfolio and reference use. You grant AFCultures a non-exclusive right to photograph, film, and display the completed work in its portfolio, website, social media, and marketing materials as an example of AFCultures' manufacturing capability. This covers images of the finished sign as manufactured. It does not extend to using your logo or brand name to imply endorsement, partnership, or that you recommend AFCultures.
Opt out at any time. Tell us in writing and your project is removed from AFCultures' marketing. Wholesale orders are excluded by default under Section X.8.
7. Additions and New Work After Production Begins
Sections III.3 and V cover changes to something you have already approved. This section covers new work — details, features, options, or elements not included in the approved proof.
A request for new work requires a new quotation rather than a simple revision. If you ask us to add details, components, options, or features that were not included in the approved proof, we will price that work separately. The quotation will explain the additional fabrication, material, and any effect on the delivery timeline.
New work proceeds only after you approve its quotation in writing. Approving it means approving the revised delivery estimate that comes with it.
Where new work requires rebuilding. Some additions cannot be made to a completed or in-progress sign and require a new piece to be fabricated. Where this is the case, AFCultures tells you before quoting, and the new piece is charged as a new order.
A completed sign that meets its approved proof is complete. A request for new work does not place the original sign in dispute, extend its production time, or delay its payment. The original sign ships or is delivered as ordered; new work is handled as a separate matter.
Production and Lead Time
1. Production Time and Delivery Estimate
AFCultures commits to the production time stated below or in your quotation. Shipping time is provided as an estimate because the final delivery schedule depends on the carrier, destination, customs, and other transportation factors.
Production time runs from order formation (Section II.3) and includes normal production tolerance:
| Product type | Production time |
|---|---|
| Backlit metal, PVC, flat cut metal | up to 2 weeks |
| Channel letters, illuminated signs, fabricated dimensional signs | 3–4 weeks |
| Complex or large-format signs | quoted per order |
Shipping time is typically 5–7 business days after production, depending on destination and carrier. We will provide tracking and help follow up when a shipment is delayed. Because the carrier controls transit after pickup, this timeframe is an estimate rather than a guaranteed delivery commitment. Delays caused by the carrier, customs clearance, weather, natural events, or trade and import restrictions are addressed under Section XI.
Overall guide. Most orders arrive 4–5 weeks from payment. This figure includes shipping and is a general estimate only; the committed figure is production time above.
Priority orders. A paid priority fee shortens production. AFCultures commits to the priority production time and to the ship-out date, but not to a delivery date, because delivery depends on the carrier. The priority production time is stated when the fee is quoted.
A firm delivery date can be committed only where AFCultures agrees it in writing before your order is formed, and even then excludes carrier delays beyond our control.
2. What Changes Production Time
The production time in Section IV.1 assumes an order proceeds from an approved proof without change. The following affect it.
Changes and additions you request. Any change to the approved design (Section III.3), or any new work (Section III.7), resets the affected portion of production time. When AFCultures quotes the change or addition, it states the new delivery estimate, and approving the change means approving the revised timeline.
Delayed approval or payment. Production time runs from order formation (Section II.3). Late proof approval, late balance payment, or a delayed response during the review period extends the schedule by the length of the delay.
Quality control on AFCultures' side. We do not knowingly ship a sign that fails our quality standard. If rework is needed to bring a sign into line with the approved proof, AFCultures bears the cost and will keep you informed of any effect on the schedule.
Priority fee. Where a priority fee has been paid and a delay originates with the customer, the fee is not refundable. Where a delay originates with AFCultures, the fee is refunded.
A committed date. Where AFCultures has agreed a firm delivery date in writing (Section IV.1), that date holds unless you request a change or addition. A change you request moves the committed date; internal rework does not move it against you.
3. Communication About Delays
Where AFCultures identifies a change to your delivery timeline — from a change you requested, rework, a supply issue, or an event beyond our control — we contact you directly and agree a revised schedule with you rather than leave the order unresolved. Keeping you informed is our responsibility.
4. Order Status
Contact [email protected] with your order number at any time and we will tell you where your order stands.
AFCultures notifies you when fabrication is complete, by sending the finished product video (Section V), and when your order ships, with tracking details.
Product Review and Shipping
1. Finished Product Video
Before shipping, AFCultures sends a video of the completed sign for your review.
This is your opportunity to see the actual product before it leaves our facility. Colors and illumination render differently on a screen than in person — this is inherent to sign manufacturing and applies to every manufacturer in the industry. The video exists so that you are looking at the real sign, not a rendering.
Ask for more if you need it. We will provide additional photographs, further video, illumination footage, or a live video call before you confirm, at no charge. Where you request this, the review period does not run until the material is provided.
2. Review Period
You have three (3) business days from the time the video is sent to review it, confirm the shipping address, and raise any discrepancy against the approved proof.
Need more time? Request an extension before the period ends and AFCultures will hold shipment for up to five (5) additional business days at no charge. Wholesale customers coordinating end-client approval should use this routinely.
3. What Your Confirmation Settles
When you confirm the sign, shipping address, and authorization to ship, you are accepting the visible appearance shown in the review material. Please raise anything that looks unclear before confirming; we are happy to provide closer images, measurements, illumination footage, or a live video call.
Once you confirm, the following are accepted and are not grounds for a claim or refund:
- Paint color and finish as shown
- Illumination color, brightness, and coverage as shown
- Dimensions, proportions, and layout as shown
- Text, spelling, and typography as shown
- Surface appearance, including UV print characteristics
If you later request a different color, illumination, finish, or other change from a confirmed sign that matches the approved proof, we will quote the remake or modification before proceeding. Unless the change corrects an AFCultures error, the customer is responsible for the related work and freight.
Where your request goes beyond changing the approved design — adding new detail, features, or elements — it is treated as new work under Section III.7, not a remake, and is quoted separately.
4. What Your Confirmation Does Not Settle
Confirmation is limited to what the video can show. It does not affect your rights in respect of:
- Damage occurring in transit — Section VII.2
- Structural or electrical faults not observable in the video, including weld failure, driver or transformer failure, internal wiring faults, and weather sealing on outdoor signs
- Missing components or hardware not visible in the footage
- Component failure within the Limited Warranty term
- A sign that does not match the approved proof in a respect the video did not reveal
We do not ask you to accept responsibility for faults you had no way of seeing.
5. No Response
If we do not receive a response or extension request within the review period, we will send a reminder and may then pack and ship the sign to the confirmed address on file so the order is not held indefinitely.
Shipment after a silent review period does not waive your rights under Section VI. A sign that differs from the approved proof is still remade free, whether or not you reviewed the video.
6. Changes After Review
Changes requested after the review period, or differing from the approved proof, incur additional fees quoted before work proceeds.
7. Title and Risk
Where payment has been made in full, title passes to you on delivery.
Where goods are delivered before final payment, AFCultures retains, to the extent permitted by applicable law, a security interest in the delivered goods and their proceeds until all amounts due are paid in full. This provision does not authorize self-help inconsistent with applicable law.
Any repossession, storage, resale, or disposal of goods subject to a security interest will be handled in accordance with applicable law, including any required notice and commercially reasonable procedures.
Risk of loss passes on delivery, subject to AFCultures’ obligations for verified transit damage under Section VII.2.
Remakes, Repairs, and Returns
Because every sign is made specifically for one customer, it cannot normally be returned to inventory or resold. A sign that matches the approved proof is therefore not eligible for a standard return or exchange. Instead, the remedies below explain how we handle manufacturing errors, defects, customer mistakes, and other concerns. Refund eligibility is governed by the Refund Policy.
1. Order Accuracy — Free Remake
If a sign materially differs from the approved proof in color, dimensions, material, layout, or finish, AFCultures will remake the affected work to specification at no cost, including reasonable reshipment.
Accuracy is measured against the approved proof together with any applicable Manufacturing Tolerance Schedule and the commercially reasonable tolerances described in Section III.4. Minor variations that do not materially affect appearance, fit, function, installation, safety, or code compliance are not defects.
2. Manufacturing Defect — Free Repair or Remake
Signs with a manufacturing defect are repaired or remade at no cost. Where a component or detail is missing due to a production error, that part is remade at no cost.
Depending on the issue, the fastest and most practical solution may be a replacement component, repair, partial remake, or full remake. We will explain the proposed remedy and why it is appropriate. If the first remedy does not solve the covered defect, we will continue working toward resolution under these terms and the Limited Warranty.
We do not leave a covered manufacturing defect unresolved. If repair or replacement cannot reasonably correct the issue, we will provide the next applicable remedy, which may include a remake or refund in accordance with the Refund Policy.
3. Customer Error — Goodwill Remake
Where damage results from a customer mistake, installation mishap, or use outside warranty coverage, AFCultures may offer a goodwill remake of the affected piece at up to 50% of the normal replacement cost, with the applicable freight terms confirmed in writing.
This assistance is considered case by case and is not a contractual entitlement, but our team will always try to offer the most reasonable practical solution available.
4. Errors in the Approved Proof
If a remake is needed because of an error already shown in the approved proof, contact us and we will review the most practical solution. Depending on the circumstances and work required, AFCultures may offer a partial credit or discounted remake. Any customer cost, including freight, will be quoted before work begins.
5. Condition for Remake
Before modifying or repairing a sign, please contact us first. To qualify for a remake or warranty remedy, the product generally needs to remain unaltered so we can inspect the original issue. Unauthorized modification may affect eligibility where it prevents diagnosis or contributes to the problem.
Delivery, Damage, and Loss
1. Inspection on Arrival
Please inspect the shipment soon after delivery and, where possible, record the unboxing. A clear video showing the packaging and sign condition is the strongest evidence for a freight claim and usually helps us resolve the issue more quickly.
Report damage or shortage within seven (7) days of delivery to [email protected] with your order number.
If you do not have a video, please still contact us. We will review photographs, packaging evidence, delivery records, and carrier information. A missing video does not automatically invalidate a genuine claim, although it may make the carrier investigation slower or more difficult.
2. Transit Damage
Your sign is AFCultures' responsibility until it reaches you. Where a sign arrives damaged in transit, AFCultures covers repair or remake and reshipment in full.
To support the carrier claim, provide:
- Video or photographs of the packaging condition, seal, and cushioning before and during opening
- A photograph of the shipping label showing the tracking number
- Photographs of the damage
Retain the packaging — the carrier may require it for inspection.
If a carrier denies the claim because reasonably available evidence was not preserved or provided, we will review the circumstances with you before assigning costs. Where the lack of documentation prevents recovery and the damage cannot otherwise be verified, the customer may be responsible for some or all remake and reshipping costs.
3. Lost Shipments
Where a shipment is lost in transit, AFCultures files the carrier claim and keeps you informed.
If the carrier does not resolve the investigation within fifteen (15) business days, AFCultures remakes and reships the sign.
4. Incorrect Address
Where a shipment is misdelivered because of address information supplied by the customer, redelivery costs are the customer's responsibility, and AFCultures will assist in correcting the address with the carrier.
Where a shipment is misdelivered through AFCultures' error, AFCultures bears all costs and responsibility for delivery.
5. Refused Delivery
Please contact AFCultures before refusing delivery whenever possible. If delivery is refused for a sign that matches the approved proof and has no verified transit damage, the order remains payable in full because the product was custom-made and shipped as agreed.
Reasonable return freight, storage, recovery, and reshipment costs resulting from an unjustified refusal may be charged to the customer.
Where payment has been made in full, the sign is your property. AFCultures will notify you if it is returned to our facility and may charge reasonable storage costs after thirty (30) days. We will not sell, dispose of, or otherwise handle your property except with your authorization or as permitted by applicable law.
Where a balance remains outstanding or a payment dispute is open, any security interest retained by AFCultures is governed by Section V.7. Any storage, repossession, resale, or disposal will be handled in accordance with applicable law, including required notices and commercially reasonable procedures.
Warranty
Warranty coverage is set out in the AFCultures Limited Warranty, which forms part of these terms.
Warranty coverage is component-specific. Different coverage periods may apply to the metal body, welds, paint or coating, LEDs, power supplies, electrical components, and installation labor. The quotation or project agreement should identify the warranty schedule applicable to the specific sign ordered.
Section VI addresses order accuracy and arrival condition. The Limited Warranty addresses covered performance or component failure after delivery.
Nothing in the Limited Warranty or these Terms excludes liability for personal injury, death, or property damage to the extent that liability cannot lawfully be excluded or limited.
Claims and Dispute Resolution
1. Contact Us First
If you have any concern about quality, timing, communication, billing, or delivery, please contact AFCultures in writing at [email protected] before starting a credit card chargeback or payment dispute. This gives our team the opportunity to review the full order record and propose a direct solution.
2. What Happens Then
AFCultures will acknowledge your notice, investigate, and propose a remedy. Where a remake or repair is agreed, we complete it.
We ask for up to thirty (30) days from your written notice to investigate and complete an appropriate resolution. Many matters are resolved much sooner. Because every product is individually manufactured and cannot be resold, a direct repair or remake is often faster and more useful than a payment dispute that may take weeks without delivering a working sign.
Where a matter needs longer than thirty days — a complex remake, a carrier investigation, a part on backorder — we will tell you why and give you a revised timeline rather than let it run silently.
3. If We Are Not Responding
Escalate to [email protected] with your order number and "ESCALATION" in the subject line.
Where AFCultures does not respond to your written notice, or does not resolve the matter within thirty (30) days without giving you a reasonable revised timeline, you may pursue any remedy available to you.
4. Mediation
Where a matter is not resolved through the process above, the parties will attempt good-faith mediation before commencing ordinary court proceedings. Mediation costs are shared equally unless otherwise agreed.
This mediation requirement does not apply to collection of unpaid invoices, emergency or injunctive relief, protection of intellectual-property rights, filing or responding in small claims court, or any matter for which applicable law does not permit a mandatory pre-suit mediation requirement.
5. Governing Law
These terms are governed by the laws of the State of California. Venue for any proceeding is Orange County, California.
Wholesale and Trade Accounts
This section applies to approved wholesale accounts and modifies the terms above where stated.
1. Account Approval
Wholesale pricing requires an approved trade account. AFCultures may request a resale certificate, business registration, and trade references as part of account review.
Where AFCultures uses a Trade Account Agreement, the approved account must sign that agreement before receiving the payment terms, white-label protections, or other trade benefits stated in it. Until an agreement is signed, these Terms of Sale and the accepted quotation govern.
2. Payment Terms
Standard terms: 50% deposit at order, balance before shipment. This applies to all wholesale accounts.
Extended payment terms are not offered as standard and are not available by application under these terms. Where an account has sustained order volume and wishes to discuss terms beyond the standard deposit structure, contact the owner of AFCultures directly through your account manager.
Any extended terms are agreed individually, set out in a separate written credit agreement, and may include volume commitments, security, or a personal guarantee. AFCultures may withdraw or vary extended terms at any time on thirty (30) days' written notice.
Where extended terms apply, invoices are due within the stated period and late balances accrue interest at 1.5% per month.
3. Purchase Orders
Where a wholesale customer issues a purchase order, the PO identifies the order and its commercial terms — quantity, price, delivery date, and specification.
Preprinted legal terms on a customer PO do not modify the Trade Account Agreement unless separately agreed in writing. Where your organization requires specific contractual terms, raise them at account setup rather than per order.
4. Design Approval
The wholesale customer is responsible for obtaining end-client approval before approving a proof with AFCultures. AFCultures manufactures to the proof approved by its direct customer.
A change requested by an end client after proof approval is treated under Section III.3 and is chargeable. Use the review extension in Section V.2 where you need time to route the finished product video to your end client.
5. Cancellation
Section III.3 and the Refund Policy apply. Because wholesale goods are custom-built for a specific project, an order cannot normally be cancelled once production has begun. Contact your account manager immediately if circumstances change so we can confirm what work has been completed and what options remain.
6. Warranty, Labor, and Who Does What
Wholesale orders carry the full parts and materials warranty under Tier A of the Limited Warranty.
AFCultures provides: replacement parts free within warranty term, freight on replacement parts, and technical diagnosis support by phone, email, or video call — including joining a video call with your technician on site.
The wholesale customer provides: end-client communication and site attendance, on-site diagnosis and supporting photographs, removal and reinstallation labor, and any lift, crane, or access equipment.
Please price your installed work with these responsibilities in mind. We state them clearly at account setup so labor, access equipment, and end-client support are understood before an order is placed rather than becoming a surprise during a claim.
7. End-Client Relationships
AFCultures' contractual relationship is with the wholesale customer, not the end client. AFCultures does not accept claims, disputes, or warranty requests directly from end clients unless the wholesale account requests it in writing.
Where an end client contacts AFCultures directly, we refer them to you and let you know the contact occurred.
8. Confidentiality and White Label
AFCultures does not contact a wholesale customer's end clients or apply AFCultures branding to wholesale product unless requested.
Wholesale orders are excluded from AFCultures' portfolio and marketing by default. Where we wish to feature a wholesale project, we ask your written permission first.
9. Use of AFCultures Design Work
Proposals, renderings, technical drawings, and specifications prepared by AFCultures for a wholesale customer are provided to support that customer's sale to its end client.
They may be presented to the end client under the wholesale customer's own branding. They may not be provided to another manufacturer, used to obtain competing quotations for the same project, or used to fabricate the project elsewhere.
Where a wholesale customer uses AFCultures design work to have a project produced by another manufacturer, AFCultures may charge a design fee of 15% of the quoted project value and may suspend or terminate the trade account.
Force Majeure
Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, freight or customs disruption, acts of war or civil unrest, labor action, major power failure, and government restriction. This section does not remove AFCultures' responsibility for manufacturing defects or verified transit damage that is otherwise covered under these terms.
Where a force majeure event occurs, AFCultures will contact you directly, work with you to agree a revised schedule or alternative, and keep you informed until the matter is resolved.
Force majeure suspends performance for the duration of the event. Where an event prevents performance for more than sixty (60) days, either party may cancel the affected order, and amounts paid for work not yet performed are refunded under the Refund Policy.
Limitation of Liability
For a covered product issue, AFCultures' primary obligation is to provide the remedy described in these terms, the Refund Policy, or the Limited Warranty, which may include repair, replacement parts, partial remake, full remake, or refund where applicable.
Neither AFCultures nor its sellers is liable for indirect, incidental, or consequential loss arising from the use of, or inability to use, any product — including lost business, lost revenue, and installation or removal costs beyond those stated.
AFCultures' total liability for any claim does not exceed the purchase price of the product giving rise to the claim.
The customer is responsible for confirming that the selected product, mounting method, electrical specification, and installation approach are suitable for the intended site. AFCultures will provide product information and reasonable technical guidance based on the information supplied to us.
Limits on these limitations. Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for personal injury or property damage caused by a defective product, and rights available to consumers under California law that cannot be waived.
Where any part of this section is held unenforceable, the remainder continues in effect.
General
Customer-supplied measurements. Unless AFCultures performs or expressly accepts responsibility for a paid site survey, the customer is responsible for the accuracy and completeness of site dimensions, photographs, wall information, electrical information, and installation conditions supplied to AFCultures. A sign fabricated correctly from inaccurate customer-supplied measurements is not defective.
Site and substrate conditions. Unless included in the quotation, AFCultures is not responsible for concealed utilities, weak or deteriorated substrates, asbestos or hazardous materials, water intrusion, waterproofing, wall repair, patching, repainting, structural reinforcement, or other hidden site conditions. The installer and customer must confirm that the mounting surface and structure are suitable before installation.
Installation access and readiness. Delays or additional costs caused by unavailable site access, landlord or permit restrictions, lift or crane restrictions, unfinished electrical service, unprepared walls, unavailable installers, or other site-readiness issues are the customer’s responsibility unless AFCultures expressly agreed to manage them.
Permits and code compliance. Unless permit, survey, engineering, or code-compliance services are listed in the quotation, the customer is responsible for permits, landlord approval, and site-specific approvals.
UL clarification. The use of UL-recognized or UL-listed components does not by itself mean that the completed sign is UL-listed, field-labeled, or accepted by a local authority. If a UL label, field evaluation, or other certification is required, tell AFCultures before fabrication and ensure that requirement is expressly included in the quotation.
Electrical safety. Illuminated signs must be installed by a qualified installer, connected at the rated voltage, and used in accordance with the guidance supplied with the order. If a sign flickers, produces a burning odor, or develops unusual heat at the power unit, disconnect it and contact AFCultures before further use.
Taxes, freight, customs, and importer of record. Sales tax, use tax, freight, duties, brokerage, customs charges, and import fees are included only where stated in the quotation. For cross-border shipments, the quotation or shipping documents should identify the agreed delivery basis and the importer of record where applicable.
Intellectual property. The customer warrants that it holds the rights to artwork it supplies and indemnifies AFCultures against third-party claims arising from that artwork. Design ownership is covered in Section III.5.
Brand rights and portfolio. Manufacturing license, brand protection, and portfolio use are covered in Section III.6.
Contract hierarchy. If documents conflict, priority is: (1) a signed project agreement, (2) an accepted quotation that expressly identifies the provision it changes, (3) an applicable Trade Account Agreement, (4) these Terms of Sale, and (5) the Refund Policy and Limited Warranty. General or preprinted wording does not override a higher-priority document unless both parties expressly agree in writing.
Entire agreement. The applicable documents in the hierarchy above form the entire agreement. Verbal representations not confirmed in writing by an authorized AFCultures representative are not binding.
Amendment. AFCultures may revise these terms. The version accepted when the order is formed governs that order, and later revisions do not apply retroactively.
Severability. If any provision is held unenforceable, the remaining provisions continue in effect.