Terms of Service for Engagements

Terms of Service for Engagements

These Terms of Service apply to all  engagements performed by Iron & Oath.

These Terms of Service apply to all consulting, sourcing, logistics, importing, and Foreign Supplier Verification Program (FSVP) engagements performed by Iron & Oath (“we,” “us,” “our”). By engaging our services, the client (“you,” “your”) agrees to the terms outlined here.

1. Scope of Work

  • The specific scope will be defined in the Statement of Work (SOW) or service agreement, and may include:
  • Strategic sourcing and procurement advisory
  • International logistics, transportation, and shipping support
  • Importer of Record (IOR) responsibilities on eligible products
  • Designated FSVP Agent services for foreign suppliers
  • Regulatory documentation review, supplier qualification, and verification
  • Customs, FDA, and compliance communication support
  • SIOP, inventory, and operational consulting
     

2. Importer of Record (IOR) Responsibilities

  • When Iron & Oath serves as the Importer of Record, the following conditions apply:
  • Iron & Oath will ensure product entry filings, documentation submissions, and customs declarations are made according to U.S. CBP and other regulatory requirements.
  • The client must provide complete, accurate product information, including classification inputs, valuation details, invoices, certificates, and origin information.
  • Iron & Oath will rely on client-supplied information to determine classification, admissibility, labeling status, and regulatory controls.
  • All duties, taxes, tariffs, and fees remain the financial responsibility of the client unless otherwise specified in writing.  Ask us about our DDP Program to reduce your complexity.
  • Iron & Oath maintains the right to refuse IOR responsibility for shipments that appear non-compliant, misdeclared, fraudulent, unsafe, or unverified.

IOR does not include:

  • Warehousing or physical possession of goods unless separately contracted
  • Guarantee of customs clearance timeframe
  • Guarantee of regulatory acceptance or final admissibility

3. FSVP Agent Responsibilities

  • When Iron & Oath is designated as the FSVP Agent for a foreign supplier:
  • Iron & Oath will conduct FSVP duties consistent with 21 CFR 1 Subpart L.
  • Iron & Oath will maintain required supplier verification records, hazard analyses, supplier evaluations, and reassessment cycles as applicable.
  • Iron & Oath may communicate directly with FDA on behalf of the foreign supplier as the official U.S. FSVP Agent.
  • The client or supplier must provide all required documentation, including process controls, COAs, audits, hazard analyses, compliance history, and preventive controls documentation.
  • Iron & Oath will not certify or guarantee that foreign suppliers meet FDA requirements; Iron & Oath verifies based on information provided.

Iron & Oath reserves the right to suspend FSVP Agent services if required documents are withheld, inaccurate, incomplete, fraudulent, or if the supplier presents unacceptable safety risk.

4. Client Responsibilities

  • The client agrees to:
  • Provide complete, accurate, and timely information required for IOR and FSVP work
  • Maintain regulatory compliance in their own facilities and downstream operations
  • Provide supplier documentation, test results, audits, and certificates when requested
  • Pay all duties, tariffs, brokerage fees, and regulatory costs as applicable
  • Sign required power-of-attorney (POA) or FSVP Agent forms before services begin
  • Failure to provide required data may delay or halt services.

5. Fees & Payment Terms

  • All invoices are due per the terms listed in the SOW
  • Work may pause for overdue invoices
  • IOR and FSVP services may require retainers due to regulatory risk and workload
  • Government fines, holds, testing costs, detention fees, and storage charges are the responsibility of the client

6. Confidentiality

Both parties agree to protect confidential commercial, supplier, regulatory, pricing, or operational information exchanged as part of the engagement.

7. Regulatory Disclaimer

  • Iron & Oath provides professional advisory services but cannot guarantee regulatory outcomes including:
  • FDA acceptance or admissibility
  • Final CBP release
  • Compliance of foreign suppliers
  • Shipping or transit times
  • Prevention of detention, sampling, testing, or FDA 801(a)/warning actions
  • Compliance outcomes depend on supplier behavior, manufacturing conditions, documentation accuracy, and regulatory interpretation.

8. Shipping & Logistics Coordination

  • If the engagement includes logistics advisory:
  • Iron & Oath may recommend or coordinate with carriers, brokers, and freight partners
  • Iron & Oath does not act as a freight carrier, warehouse operator, or customs broker unless explicitly contracted
  • Physical loss, damage, or transit liability belongs to the carrier or contracted logistics provider

9. Limitations of Liability

  • Iron & Oath’s liability is limited to the total fees paid for the specific engagement.
    We are not liable for:
  • Indirect or consequential damages
  • Lost revenue, delays, or spoilage
  • Regulatory actions taken due to withheld, incomplete, or inaccurate information from clients or suppliers

10. Termination

  • Either party may terminate the agreement per the SOW terms. Iron & Oath may terminate immediately if:
  • Information provided is fraudulent
  • Compliance risk exceeds acceptable thresholds
  • The client fails to pay for services

11. Governing Law

These Terms follow the laws of the State of Michigan, United States and Applicable US Federal Laws and Regulations, without regard to conflict-of-law principles.

12. Contact Information

For questions regarding these Terms of Service, contact:

 

Iron & Oath
Email: Info@IronAnOath.US
Phone: +1-734-288-7926
Address: 43695 Michigan Ave., Suite 2,  Canton, MI 48188

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