Terms and Conditions of Sale

Important Notice: Before accessing or browsing this website, submitting an inquiry or order, or accepting any products or services provided by us, please read these Terms and Conditions of Sale (this “Agreement“) carefully. By placing an order via this website, paying a deposit, or confirming our quotation/invoice, you (“Buyer,” “Customer,” or “you“) acknowledge that you have read, understood, and unconditionally agreed to be bound by all terms herein. This Agreement constitutes a legally binding contract between you and [Your Full Company Name] (“Seller,” “we,” or “us“). If you do not agree to any part of this Agreement, please refrain from conducting any transaction.

1. General Provisions, Definitions, and Scope

1.1 Scope of Application. This Agreement applies to all transactions where the Seller sells flagpoles, flag cloth, lifting pulleys, and their supporting accessories (collectively, the “Products”) to global commercial customers via its independent website (https://proflagpole.com/) and affiliated sales channels.

1.2 Definitions.

“Website” refers to the online platform operated by the Seller.
“Order” means a purchase request specifying product specifications, quantities, and prices submitted by the Buyer via website forms, email, or other written means.
“B2B Transaction“: Both parties acknowledge that transactions on this Website are Business-to-Business in nature. The Buyer acts as a distributor, integrator, contractor, or end-user enterprise, not as a private consumer.

1.3 Incorporation. This Agreement shall be read in conjunction with the Privacy Policy published on the Website. For custom products, technical drawings, specifications, and commercial invoices confirmed by both parties shall supplement this Agreement.

2. Products, Standards, and Intellectual Property

2.1 Product Range. Product Range. Includes but is not limited to stainless steel flagpoles, high-mast flagpoles, flag fabrics, lifting pulleys, ground base embedded parts, winch control systems, and all matching flagpole accessories.

2.2 Quality Standards and Definitions.

Basic Standards: Products conform to Chinese National Standards (GB) and basic industrial safety requirements.
Certification Levels: If a product page or quotation explicitly states compliance with relevant wind load standards, structural steel standards, stainless steel material standards, or other international construction codes, such certification is based on the Seller’s standard testing environment and standard construction drawings. Failure to achieve performance due to non-compliant installation, improper foundation or unsuitable local wind conditions by the Buyer does not constitute a product quality defect.
Custom Products: Production strictly follows mutually confirmed CAD drawings, 3D models, material reports (e.g., 304 stainless steel,316 stainless steel), and technical parameters. Manufacturing tolerance is ±2mm. Appearance color shall be based on the confirmed color sample; reasonable color deviation is permitted.

2.3 Intellectual Property (IP).

The Seller retains all intellectual property rights (patents, trademarks, copyrights, know-how, designs, including all CAD drawings and installation guides) related to the Products and the Website. Without prior written authorization from the Seller, the Buyer shall not copy, reverse engineer, disclose to third parties, or use such IP for any purpose beyond this Agreement.
Customization requirements provided by the Buyer to the Seller are deemed to grant the Seller a license to use such information solely for the purpose of fulfilling this Agreement.

3. Orders, Quotations, and Payment

3.1 Order Formation. Submission of an order or inquiry by the Buyer constitutes a purchase offer only. A legally binding contract is formed only upon the Seller’s written acceptance (via email or stamped order confirmation).

3.2 Quotation Validity. Quotations provided by the Seller are valid for 15 natural days from the date of issuance. Prices are subject to reconfirmation thereafter.

3.3 Deposits and Payment.

Standard Products: The Buyer shall pay 30%-50% of the total contract amount as a deposit upon order confirmation. Production will commence accordingly. The balance must be settled before shipment.
Custom/Mold-opening Products: Due to the specificity of non-standard products, the Buyer shall pay a non-refundable deposit of no less than 50% of the total price to initiate production and mold fabrication.
Payment Methods: T/T (Wire Transfer) is the primary method. Letter of Credit (L/C) is accepted only for orders exceeding USD $50,000. PayPal/Credit Card is restricted to sample or small orders (≤ USD $5,000); associated transaction fees shall be borne by the Buyer.

3.4 Pricing and Taxes. Prices are based on raw material costs and exchange rates at the time of signing and are quoted on an EXW [Factory Location] or FOB [Port of Shipment] basis. Prices exclude international freight, insurance, import duties, VAT/GST, and destination customs clearance fees, all of which shall be borne by the Buyer.

4. Delivery, Risk, and Title Transfer

4.1 Trade Terms. Unless expressly agreed otherwise in writing, all transactions default to EXW (Ex Works) or FOB (Free On Board) under Incoterms® 2020.

4.2 Risk Transfer. The risk of loss or damage to the Products passes permanently to the Buyer upon delivery to the first carrier (or placement at the Buyer’s designated location) by the Seller.

4.3 Retention of Title. Ownership of the Products remains with the Seller until the Buyer has paid all sums due under the contract and related charges in full.

4.4 Delivery Timeline. Stated delivery times are estimates, not guarantees. The Seller shall not be liable for delays caused by raw material procurement, production scheduling, international logistics, customs inspection, Force Majeure, or other factors beyond its reasonable control, but shall notify the Buyer promptly.

5. Packaging, Shipping, and Acceptance (Critical Clause)

5.1 Packaging. Export-standard, fumigation-free wooden crates/pallets suitable for long-distance sea/land transport are used, with internal shock-proof and rust-proof materials. Packaging meets international standards but does not guarantee complete prevention of minor paint abrasion or surface rust caused by transit vibration or humidity; such occurrences do not constitute quality defects and can typically be remedied on-site.

5.2 Acceptance and the “72-Hour Rule”.

The Buyer or its agent shall inspect the outer packaging and quantity immediately upon delivery in the presence of the carrier.
Severe Outer Damage / Shortage: Must be clearly noted on the carrier’s receipt (e.g., Bill of Lading) at the time of delivery. The Buyer must file a written claim with the carrier within 48 hours and notify the Seller via email with photos and the annotated receipt within 72 hours. Failure to follow this notification procedure constitutes deemed acceptance of the goods in good condition.
Concealed Damage / Performance Issues: Must be notified to the Seller in writing within 7 business days of discovery, accompanied by detailed evidence.

5.3 Performance Verification. If the Buyer disputes whether the Product meets the agreed wind load and structural performance requirements, the Buyer must provide an official test report from an internationally recognized independent third-party laboratory (e.g., SGS, TÜV, ASTM-accredited lab) proving failure under conditions strictly adhering to the Seller’s standard installation drawings, foundation specifications and wind load design parameters. Only then will the Seller assume liability.

6. Installation, Usage, and Disclaimers (Core Clause)

6.1 Professional Installation. The Seller strongly recommends installation by trained professionals or construction teams guided by the Seller. If the Buyer opts for self-installation, it warrants that it possesses the requisite qualifications.

6.2 Foundation Construction Disclaimer. The guaranteed wind load resistance performance is entirely dependent on compliant foundation construction. The Buyer m ust strictly adhere to the certified foundation drawings provided for the specific flagpole model, including but not limited to pit dimensions, rebar specifications, concrete grade (e.g., C30/C35), curing periods, and drainage provisions.

The Seller explicitly disclaims all warranties and liability for any tilting, bending, structural deformation, breakage of the Products, or any resulting personal injury or property damage arising from the Buyer’s failure to follow the drawings (e.g., insufficient concrete strength, inadequate foundation depth, missing rebar, improper drainage, poor anti-wind design).

6.3 Performance Prerequisites and Limitations. Stated wind load resistance parameters are valid only if: (a) the flagpole is installed strictly per official construction drawings; (b) used within the design wind speed range and matched flag size; and (c) the actual on-site wind pressure does not exceed the design rating. Damage from extreme typhoons far exceeding design standards, improper oversized flags, man-made violent shaking, malicious destruction, or use outside conventional flag display scenarios is excluded from any warranty coverage.

7. Limited Warranty

7.1 Warranty Period (commencing from the date of factory dispatch):

Flagpole steel structure shafts and foundation embedded parts: 24 months.
Electric lifting motors, winch and electrical control systems: 12 months.
Surface anti-rust treatment (spray coating, hot-dip galvanizing): 12 months (excluding transport abrasion, chemical corrosion, artificial scratches).

7.2 Coverage. The warranty covers functional failures of the Product itself arising from defects in materials or workmanship under normal installation, use, and maintenance.

7.3 Exclusions. The warranty does NOT cover (including but not limited to):

Improper installation or failure to follow drawings (Clause 6).
Failure to operate or maintain per instructions.
Power surges, water ingress, vandalism, impact damage, or terrorist attacks.
Normal wear and tear, rust, or cosmetic imperfections.
Damage caused by Force Majeure (e.g., earthquakes, floods, war).

7.4 Warranty Process. Buyer submits written description and evidence of defect → Seller determines eligibility. If covered by warranty, Seller provides free replacement parts and remote technical guidance. All costs for travel, labor, dismantling, reinstallation, and local transport shall be borne by the Buyer.

8. Returns, Refunds, and After-Sales

8.1 Return Policy. Due to the customized, tailor-made design and project-specific installation requirements of the Products, all returns, exchanges and refunds shall be denied, save for warranty issues stipulated in Clause 7 or delivery errors attributable solely to the Seller.

8.2 Authorized Returns. If a return is approved under warranty or seller’s delivery fault, the Buyer shall apply for and obtain a Return Merchandise Authorization (RMA) number from the Seller before dispatching returned goods. All returned items must remain unused, uninstalled, intact and packed with original factory packaging. All round-trip shipping fees, customs duties, handling charges and incidental expenses shall be fully covered by the liable party: Buyer bears all costs for buyer-caused returns; Seller bears all costs for seller’s fault or warranty defects.

9. Limitation of Liability

In no event shall the seller or its affiliates be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, business interruption, data loss, costs of removal or reinstallation, third-party claims, or personal injury. The seller’s total cumulative liability under this agreement shall not exceed the total order amount paid by the Buyer for the specific order giving rise to such liability claim.

10. User Conduct, Website, and Data

10.1 The Buyer agrees to use the Website lawfully and shall not engage in any activity that compromises system security or infringes upon the Seller’s intellectual property.

10.2 All website contents are provided on an “AS IS” basis without any express or implied warranties of accuracy, completeness or suitability for project use. All product specifications, dimension and load-bearing parameters displayed on the website are for reference only and shall not be deemed professional structural engineering guidance. The Buyer shall independently conduct site engineering evaluation or engage a licensed professional engineer to verify product applicability before purchasing and installation.

10.3 Processing of the Buyer’s personal information shall comply with the attached Privacy Policy. The Seller maintains commercially reasonable cybersecurity safeguards, but shall not be held liable for data leakage arising from inherent internet transmission risks.

11. Compliance and Miscellaneous

11.1 Export & Compliance. The Buyer warrants and represents that the Products shall not be directly or indirectly exported, resold or supplied to any country, entity or individual subject to sanctions administered by the United Nations, China, the United States or the European Union, nor utilized for any activities related to weapons of mass destruction. The Buyer shall bear sole and full responsibility for all import permits, customs clearance, local structural certification, import duties and regulatory compliance required in the destination country. If the Buyer breaches this compliance clause, the Seller reserves the right to terminate the order unilaterally, forfeit all advance deposits paid, and the Buyer shall fully indemnify the Seller against all direct and indirect fines, legal fees, economic losses and reputational damages arising out of such breach.

11.2 Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to war, riots, natural disasters, pandemics, government regulatory actions, labor strikes, or global supply chain disruptions. The affected party shall notify the other party in writing within 7 calendar days upon occurrence of force majeure events, together with valid supporting evidence. If the force majeure circumstance persists for more than 60 consecutive days, either party has the right to terminate the relevant order without liability, and the Seller shall refund the unused portion of advance payments after deducting incurred production costs.

11.3 Assignment and Modification. The Buyer may not assign any rights or obligations hereunder without the Seller’s prior written consent. The Seller reserves the right to update this Agreement at any time; revisions become effective upon posting to the Website.

11.4 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of law principles.

12.2 Dispute Resolution. Any dispute arising from or relating to this Agreement shall first be resolved through friendly negotiation. Should negotiation fail, either party may submit the dispute to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration held in Beijing in accordance with its arbitration rules effective at the time of filing. The arbitral award is final and binding upon both parties, and the losing party shall bear all arbitration fees and reasonable legal costs of the prevailing party.

Last Updated: [24 Month, 2026]

Contact & Notices: Any written notice related to this Agreement sent to the official email address posted on the Seller’s website, or any email address provided by the Buyer during order placement, shall be deemed effectively delivered on the date of sending.

By submitting an order, you irrevocably acknowledge that you have fully read, carefully reviewed and specially acknowledged all core liability clauses of this Agreement (particularly Clauses 5, 6, 7 and 9), fully understood all risks hereunder without objection, and unconditionally agree to be legally bound by all terms of this Agreement.