Terms & Conditions

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1. Payment Terms

1.1Payment terms will be specified on the applicable Sales Order (SO) or invoice.

1.2Terms may include, but are not limited to:

• Prepayment
• Deposits
• Progress payments
• Net terms (upon approved credit)

1.3Jelinek Cork reserves the right, at its sole discretion, to:

• Require full or partial payment in advance
• Modify payment terms at any time
• Withhold production or shipment until payment terms are satisfied

1.4For new customers, custom orders, or orders of significant value, prepayment or deposits may be required.

1.5Late payments may result in:

• Suspension of shipments
• Revocation of credit terms
• Additional fees

2. Price Revisions

2.1Although Jelinek Cork Group generally attempts to provide advance notice of pending price increases, prices are subject to change without notice.

2.2Due to factors beyond the company’s control, including currency exchange rates, energy costs, freight, raw material yields, new legislation, and applicable taxes or duties -- price adjustments may be necessary on current or open orders.

2.3Exchange rate changes of ±5% or more between the production currency (e.g., Euro) and the order currency (e.g., USD, CAD), occurring after order placement and prior to delivery, may result in a price adjustment. Customers will be notified promptly and invoices revised accordingly.

2.4Government tariffs, taxes, or other imposed fees are not included in Jelinek Cork pricing unless explicitly stated. These fees are the customer’s responsibility. If necessary, Jelinek Cork may prepay such fees and add them to the invoice.

2.5If Jelinek Cork determines that the customer may be unable to fulfill their obligation to pay applicable government fees, Jelinek Cork reserves the right to hold the shipment.

2.6If Jelinek Cork is restricted by governmental action from revising prices, discounts, or terms, Jelinek Cork may (i) terminate the agreement, (ii) suspend deliveries for the duration of the restriction, or (iii) apply governentally acceptable terms. Suspended deliveries may be cancelled without liability.

3. Custom Product & Design Development

3.1An additional engineering and/or design development charge may apply to custom-made products or modifications to standard products. This charge will be estimated in writing before work begins and may be included in prototype costs.

3.2If dies or special tooling are required for custom products, the cost may be charged to the buyer. Repairs or modifications to existing dies or tools may also be charged to the buyer. Jelinek Cork will advise the buyer in advance of any such charges. If the buyer does not accept these charges, the related order will be considered cancelled without liability to Jelinek Cork.

4. Prototypes, Samples & Custom Products

4.1Products designated as prototypes, samples, or custom products carry no guarantees, warranties, or representations regarding fitness for a particular purpose or merchantability.

4.2The buyer has the sole responsibility to test any prototype, sample, or custom product prior to acceptance and incorporation into end-use applications.

4.3Production products based on prototype or sample designs may differ in assembly methods and materials. The buyer is solely responsible for testing and acceptance of such production products.

4.4Initial specifications and drawings may be adjusted based on production sample approval. Initial specifications should therefore not be used for quality control purposes.

5. Order Management

5.1 Custom or Volume Orders

5.1.1Any custom order of any quantity, or volume orders meeting or exceeding thresholds specified in the applicable SO, requires: (a) a signed Order Proof, and (b) a 50% deposit.

5.1.2If physical or digital samples are provided, final signoff must occur after sample approval.

5.1.3Production timelines and lead times begin only after the deposit and signed approval are received. Jelinek Cork is not responsible for delays due to payment or deposit issues.

5.1.4Factory lead times are estimates and may change between initial quotation and actual order placement.

5.1.5Final delivered quantities for custom orders may exceed the ordered amount by up to 10% due to production and packing efficiency. The customer agrees to accept and pay for any such overage.

5.1.6Any special shipping instructions must be clearly stated on the PO and reflected in the SO.

5.2 Held Orders

5.2.1A “held order” is an order that, at the customer’s request and with Jelinek Cork’s written acceptance, is retained by Jelinek Cork beyond the standard shipping time. A hold is not in effect until Jelinek Cork confirms it in writing.

5.2.2Within three (3) business days of order placement, the customer must satisfy all of the following conditions:

5.2.3If the conditions in Section 5.2.2 are not met within three (3) business days of order placement, the order will revert to draft status and no inventory will be reserved.

5.2.4The customer may request release of the order at any time prior to the confirmed release date.

5.2.5Storage Charges. If the order has not been released within ten (10) calendar days following the confirmed release date, a storage charge of $30.00 per pallet per day will accrue beginning on the eleventh (11th) day and continuing until the order is released or otherwise resolved under Section 5.2.6. Storage charges are invoiced monthly and are payable on receipt. Charges are assessed in the currency of the order.

5.2.6Abandoned Orders. If an order has not been released within six (6) months of the order date, Jelinek Cork may, at its discretion and upon written notice to the customer, deem the order abandoned and dispose of or resell the goods. In such event, Jelinek Cork will apply the proceeds of any resale, together with amounts already paid by the customer, against the order value, accrued storage charges, and a restocking fee equal to fifteen percent (15%) of the order value. Any remaining balance will be refunded to the customer; any shortfall remains payable by the customer.

5.2.7Cancellation of Held Orders. Cancellation of a held order prior to shipment is subject to an administrative fee of fifteen percent (15%) of the order value, covering storage, handling, and processing costs, in addition to any storage charges accrued under Section 5.2.5. Remaining amounts paid will be refunded using the original payment method unless otherwise agreed in writing. Where amounts paid are insufficient to cover the administrative fee and accrued storage charges, the difference remains payable by the customer.

5.2.8Non-Refundable Items. Orders for goods that have been custom-made, printed, cut, or otherwise altered specifically for the customer are non-refundable and non-cancellable, and Sections 5.2.6 and 5.2.7 do not entitle the customer to any refund of amounts paid for such goods.

5.3 Blanket Orders / Booking Orders

5.3.1Goods are to be released over a maximum period of one (1) year from the date of order placement.

5.3.2A release schedule must be provided by the customer at the time of order. This schedule is considered firm, and goods will be released on the dates specified on the purchase order.

5.3.3Pricing is based on individual release quantities and not the total blanket order quantity. Pricing may be negotiated on a case-by-case basis depending on the size and structure of the order.

5.4 Order Cancellation Policy

5.4.1Cancellation terms vary depending on the type and status of the order at the time of the cancellation request. Non-stock or customized products may be subject to a higher cancellation charge, depending on the portion of the product completed at the time of cancellation.

5.4.2In-Stock Orders.

• In-stock orders can be canceled at any time before a shipping label is created.
• Once a label has been created and tracking has been added to the order, Jelinek Cork is unable to cancel it.

5.4.3Pre-Orders.

• If the order is canceled before the stated lead time, the customer will receive a 90% refund.
• If the order has not shipped within the stated lead time, the customer may cancel for a full refund.

5.4.4Custom Orders. If production against an agreement and/or order has already begun at the time of cancellation, the customer is liable for the portion of the order completed at that time. This may include machine time and setup costs, raw materials, and/or partially or fully completed products. The exact charges, if any, will be determined by Jelinek Cork and invoiced accordingly. Completed custom orders are non-cancellable and non-refundable.

5.4.5Cancellations of Held Orders are governed separately by the fee and refund terms set out in Section 5.2 above, rather than by this section.

5.4.6Customers who would like to request a cancellation or have questions about a specific order should contact Jelinek Cork as early as possible.

6. Shipping & Delivery

6.1Delivery times are estimates, not guarantees. Customers should plan with appropriate buffer time as numerous factors may affect fulfillment.

6.2In-stock items typically ship within 5–10 business days of order confirmation.

6.3Orders to North American customers will be shipped via standard ground service using a carrier selected by Jelinek Cork unless otherwise specified in the SO.

6.4Expedited shipping is not available.

6.5Orders may ship from outside the destination country. This may affect delivery times and shipping costs. Jelinek Cork is not liable for customs delays or external disruptions.

6.6Jelinek Cork’s Portugal facility closes each August. August is excluded from delivery lead-time calculations.

7. Tax & Compliance Requirements

7.1A valid U.S. Federal Tax ID (EIN) is required for all shipments to U.S. addresses or customers headquartered in the U.S.

7.2A valid Resale Certificate is required for tax-exempt orders in Georgia and California.

8. Returns

8.1Stock Items. Unused, unopened stock items may be returned within 30 days of receipt. A 15% restocking fee applies, and the customer is responsible for return shipping costs. All returns require prior authorization and a Return Authorization (RA) number.

8.2Custom Items. Custom items cannot be returned under any circumstance once pre-production samples or proofs have been approved, including concerns related to fit, design, or style.

9. Excuse of Performance / Force Majeure

9.1Either party may suspend deliveries due to events beyond their reasonable control, including but not limited to: acts of God, war, riot, fire, explosion, accident, flood, sabotage, labor disputes, equipment failure, material shortages, lack of transportation, or government restrictions.

9.2If Jelinek Cork determines that its ability to supply products or obtain necessary materials is hindered, it may allocate available supply among purchasers on an equitable basis without liability for any resulting failure of performance.

9.3If Jelinek Cork determines that the financial condition or creditworthiness of the buyer has materially deteriorated (including bankruptcy, insolvency, or late payments), Jelinek Cork may, at its sole discretion, withhold further supply until adequate payment assurances are provided.

9.4Deliveries suspended under a force majeure event may be cancelled without liability. All other terms of the agreement remain in effect.

10. Warranty & Limitation of Liability

10.1Jelinek Cork warrants its products against defects in material and workmanship for one (1) year from the date of delivery, provided the product is properly handled, stored, installed, applied, used, and maintained. Certain product categories carry extended warranty terms as specified in the applicable Product Addendum.

10.2This warranty does not cover damage resulting from: improper storage, installation, use, or maintenance; contamination; misapplication; incorrect specification; or normal wear and tear.

10.3Jelinek Cork must be notified in writing of any alleged product defect or failure within thirty (30) days of discovery. Written authorization must be obtained from Jelinek Cork before any repair, replacement, or credit is undertaken.

10.4To submit a warranty claim, the buyer must: (a) provide a written description of the defect with photographs and relevant documentation, and (b) allow Jelinek Cork or its appointed representative a reasonable opportunity to inspect the affected product or area.

10.5If a product fails due to a confirmed manufacturing defect during the warranty period, Jelinek Cork will, at its option, replace the defective material or refund the purchase price of the product. In no case will Jelinek Cork be liable for labor costs to remove and/or reinstall its products.

10.6Jelinek Cork shall not be liable for incidental, consequential, special, indirect, or direct damages resulting from the use of its products, whether based on warranty, contract, negligence, or other cause of action.

10.7This warranty is exclusive and in lieu of any warranty of merchantability, fitness for purpose, or other warranty of quality, whether expressed or implied, and all other liabilities and obligations on the part of Jelinek Cork.

10.8No person has authority to bind Jelinek Cork to any representation or warranty beyond this express warranty.

10.9The buyer and any person or entity to whom products are transferred assume all responsibility for personal injury and property damage related to the handling, possession, or use of the products.

11. Product Suitability

11.1Jelinek Cork is pleased to assist with product selection and provide recommendations based on customer-provided information. However, the final determination of product suitability is the customer’s sole responsibility. Jelinek Cork is not liable for incorrect product selection.

11.2All Jelinek Cork products are inspected prior to shipping. Final inspection and approval upon delivery is the responsibility of the customer. Patterns, colors, and quantities must be verified as correct before installation or use commences. Claims cannot be accepted for the installation or use of incorrect material where the customer failed to verify prior to use.

11.3Due to the natural characteristics of cork and other natural materials, color, texture, dimensions, and surface pattern variations are to be expected from piece to piece. These variations are an inherent characteristic of the product and are not considered defects.

12. Product-Specific Addenda

12.1Certain Jelinek Cork products are subject to additional terms, warranty coverage, and requirements beyond those set out in this general Terms & Conditions document.

12.1Where applicable, a Product Addendum will be provided alongside this document and forms part of the agreement between the buyer and Jelinek Cork.

12.2Current Product Addenda available:

• Addendum A — Cork Wall Tiles
• Addendum B — Cork Floor Tiles
• Addendum C — Stoppers & Beverage Division

12.3In the event of any conflict between the general Terms & Conditions and a Product Addendum, the Product Addendum shall take precedence with respect to the product(s) it governs.

13. Website Disclaimer

13.1The contents of the Jelinek Cork website are provided “as is.” The site may contain inaccuracies, typographical errors, or out-of-date information. Site content may be updated or changed at any time without notice. Use of this information is at the reader’s own risk.

13.2Jelinek Cork shall not be liable for any special, indirect, incidental, or consequential damages resulting from the use of its website.

14. Corporate Names

14.1For the purpose of these Terms & Conditions, the names Jelinek Cork, Jelinek Cork Group, Jelinek Cork Limited, The Cork Store (corkstore.com and corkstore.ca), The Cork House, and Dodge Cork Canada Ltd. shall be considered interchangeable, and these terms are applicable to any one or all of those named.

15. Order Acceptance

15.1Where a signed copy of these Terms & Conditions is not on file, the buyer’s placement of an order with Jelinek Cork Group constitutes the buyer’s acknowledgment and acceptance of these Terms & Conditions in full. Jelinek Cork’s acceptance of any order is expressly conditioned on the buyer’s agreement to these terms.

Agreement & Signature

By signing below, the customer acknowledges having read, understood, and agreed to these Terms & Conditions and any applicable Product Addenda.