1. Quality Control and Production Standards

At Fibramérica, all manufactured and distributed products are subject to an exceptionally rigorous quality control system, designed to meet the highest international standards applicable to the fiber optics industry. Our commitment to quality not only ensures strict compliance with the technical specifications detailed in each purchase contract, but also guarantees that our products provide optimal performance and durability under all operating conditions.
Each production batch is inspected using a sampling system in accordance with international standards that define acceptable quality limits (AQL). This approach allows us to identify potential defects early, maintaining control over every phase of the manufacturing process. Additionally, we maintain continuous internal audit processes and external certifications to ensure that each product meets the global standards required by the telecommunications sector and other related industries.

Our manufacturing processes ensure full traceability of each product batch, from raw materials to final delivery. This means that every unit produced can be tracked throughout its lifecycle, providing our customers with peace of mind, knowing that our products are from a controlled and monitored source.
Fibramérica guarantees that each batch of products is rigorously verified before shipment, ensuring compliance with the customer-agreed specifications and industry standards. This final review includes functional, mechanical, and optical tests to ensure the product performs as expected in critical applications.

It is important to note that quality issues will not be considered if they result from misuse of the product, improper installation, natural wear from uncontrolled external conditions, or unauthorized modifications that alter its performance or original properties. Fibramérica is not liable for damages arising from these factors, ensuring that any quality claims are based solely on the product’s condition at the time of delivery.

2. Quality Claim Criteria

For a quality claim to be considered valid and accepted by Fibramérica, the buyer must meet the following requirements, designed to ensure a fair and transparent process:

• Timely Notification: The buyer must notify in writing any discrepancy or defect in the products within a maximum of 365 business days from the date of receipt. This period, which exceeds the industry average, reflects our commitment to customer satisfaction. After this period, claims will not be accepted under any circumstances, as the product will be deemed to have fulfilled its useful life or been exposed to external conditions beyond our guarantees.
• Documented Evidence: All claims must be accompanied by clear and detailed evidence, including photos, videos, and technical test reports provided by the customer. General or verbal descriptions will not be accepted. Fibramérica reserves the right to assess the sufficiency of the evidence provided. If the evidence submitted is inconclusive, additional documentation or complementary tests will be requested to obtain a definitive result. This ensures that every claim is handled with the technical rigor necessary to determine its validity.
• Representative Sampling and Defect Percentages: A claim will only be accepted if the percentage of defective products exceeds 3% of the total delivered batch. This threshold is based on international best practices for quality control. Additionally, Fibramérica reserves the right to request an independent inspection by a third-party entity to verify the authenticity and validity of the claim. If the buyer cannot provide a representative sample that Fibramérica deems adequate, the claims process will not proceed, as the information provided will be considered insufficient for accurate evaluation. In such cases, the buyer will be responsible for the information deficit.

Transparency and Collaboration: Fibramérica is committed to transparency and collaboration in managing claims, offering the customer a structured and fair process. However, it is imperative that the customer also fulfills their responsibilities, particularly in submitting reliable evidence and sampling, so that any discrepancies can be managed efficiently and fairly.

3. Material Replacement Procedure

When a claim is justified and accepted by Fibramérica, a structured and transparent process will be followed for material replacement, ensuring an efficient and effective response for the customer. The process will be carried out under the following conditions:

• Material Replacement at No Cost: Fibramérica commits to replacing defective products at no cost to the customer, ensuring that the replacement material meets the specified quality standards. The shipping costs of the replacement products will be borne by Fibramérica, but the shipping method will be determined exclusively by Fibramérica, considering the most efficient and safest options, regardless of the original shipping method. This allows us to optimize logistics and minimize delivery times, ensuring that the customer receives the material in the best possible condition.
• Mandatory Return of Defective Products: To complete the replacement process, the customer must return the defective products to Fibramérica’s facilities for technical analysis and final disposal. This return is mandatory, and failure to comply will invalidate any future claim related to the same batch of products. Fibramérica will use the returned products to perform a detailed analysis, allowing internal process adjustments and ensuring continuous improvement in production. If more than 1% of the total batch of claimed products is not returned, Fibramérica reserves the right to charge the customer for the value corresponding to the unreturned products.
• Exclusion of Additional Costs: Fibramérica will not assume any additional costs arising from labor, installation, removal, or other indirect expenses related to material replacement. This includes, but is not limited to, the customer’s operational costs or any agreements between the customer and the final distributor of the products. These agreements are the sole responsibility of the parties involved in purchasing and installing the materials and do not involve Fibramérica. This ensures that our liability is limited exclusively to the replacement of defective products, maintaining clarity on the limits of our warranty.
• Special Conditions for Replacement: In exceptional cases, when the return of defective products is not possible due to justified causes (e.g., extreme logistical issues or customs prohibitions), Fibramérica may evaluate alternative compensation or material handling options under specific conditions, provided they are adequately justified and agreed upon in writing. However, these exceptions will be treated on a case-by-case basis and will not set a precedent for future claims.

Responsibility and Traceability:
The material replacement process is designed to maintain complete traceability of the product batch, ensuring that Fibramérica can make necessary adjustments in manufacturing, production, and logistics. In this way, we not only protect our customers’ interests but also ensure the continuous improvement of quality and efficiency in our industrial processes.

4. Limitation of Liability

Fibramérica makes it clear that its liability is strictly limited to the value of the products sold, under the conditions previously agreed upon in the purchase contracts and internal quality policies. This ensures that any dispute or claim is handled fairly and consistently, avoiding additional liabilities unrelated to our direct activity. Below are the limitations of liability:

• Agreements between the Buyer and Final Customer: Fibramérica will not be responsible for agreements or commitments made by the buyer with their final customer. This principle is based on the legal concept of privity of contract, which stipulates that only the parties directly involved in a contract have contractual rights or obligations. In this case, Fibramérica is only obliged to comply with the conditions agreed directly with the buyer and assumes no responsibility for external agreements the buyer may have with third parties.

• Unagreed Additional Expenses: Based on international commercial law principles, such as those outlined in the United Nations Convention on Contracts for the International Sale of Goods (CISG), Fibramérica will not cover additional expenses that have not been expressly authorized. Article 74 of the CISG establishes that liability for damages is limited to what the parties could have foreseen at the time of the contract’s signing. Therefore, any expense not agreed upon in writing will not be covered.

• Claims without Evidence:
  In line with regulations such as the EU Directive 85/374/EEC on product liability and similar regulations in other countries, Fibramérica will only accept claims that are properly supported by clear and objective evidence. The European directive, for instance, requires the consumer to prove the defect and the damage, which aligns with our policy of not accepting claims without conclusive proof such as photos, videos, or technical reports.

• Limitation of Financial Liability:
  Fibramérica adheres to the principle of limiting liability, which allows parties in a sales contract to limit or exclude responsibility for indirect or consequential damages. Likewise, the CISG (United Nations Convention on Contracts for the International Sale of Goods) Article 79 allows the exclusion of liability if failures were not due to direct negligence by the seller. Therefore, Fibramérica limits its responsibility exclusively to the value of defective products, exempting itself from any liability for indirect damages such as lost revenue, reputational harm, or business interruptions.

• Third-Party Involvement in Production or Installation:
  Fibramérica is not responsible for defects or issues arising from third-party intervention in the production, installation, or maintenance of sold products. If the customer or third parties alter the product or do not follow the provided technical instructions, this automatically voids any warranty.

• Declaration of Contractual Independence:
  Fibramérica adheres to the principle of contractual independence, where neither party can impose additional liabilities not explicitly included in the contract.
  
  

5. Conditions for Future Orders

To avoid misunderstandings and prevent disputes related to quality, the following contractual conditions are established for future orders. These provisions align with international best practices and are supported by widely recognized frameworks in global commerce, ensuring both clarity of expectations and protection of both parties’ rights.

• Detailed Product Specifications:
  Before production begins, the buyer must provide explicit and detailed confirmations of all technical specifications of the requested product. This includes, but is not limited to, design specifications, materials, customized adaptations, and any required modifications. This obligation is grounded in the United Nations Convention on Contracts for the International Sale of Goods (CISG), which in Article 35 states that the seller must deliver products that conform to the specifications agreed upon in the contract. Any subsequent changes must be approved in writing to ensure transparency and avoid ambiguities that could lead to disputes.

• Pre-Shipment Inspection by the Customer:
  Fibramérica will offer the buyer the option to conduct inspections at the factory before shipping the products. If the buyer chooses not to exercise this right, it will be assumed that the products meet the agreed-upon specifications. This pre-shipment inspection process aligns with the international practice of Pre-Shipment Inspection (PSI), which allows buyers to ensure that the goods meet their requirements before being dispatched, as outlined by the International Chamber of Commerce (ICC) in its guidelines on international trade. By declining the inspection, the buyer waives the right to claim quality issues that could have been identified during the inspection.

• Specific Contractual Clauses on Quality and Claims:
  For future orders, the contracts will include clear clauses limiting quality claims to cases where more than 3% of the total batch exhibits defects. This threshold is based on international standards such as AQL (Acceptance Quality Limit), used in sampling-based quality control, which defines the acceptable percentage of defects in a batch. Furthermore, any claim must be supported by an independent technical report, in line with the provisions of the EU Directive 85/374/EEC on product liability, which requires clear and objective evidence to determine manufacturer liability. This report must be prepared by an external accredited body or laboratory, following ISO 17025 standards for testing and calibration laboratories, ensuring impartiality and technical rigor in product evaluations.

• Applicable Contract Documentation and Regulations:
  All contract documentation, including technical specifications, inspections, and claims, will be governed by the applicable laws of the countries involved in trade, ensuring alignment with standards such as the CISG and national frameworks for product liability, such as the Consumer Protection Act 1987 in the UK or the Uniform Commercial Code (UCC) in the United States. Additionally, to prevent controversies in interpreting the contracts, international arbitration may be used according to the rules of the International Chamber of Commerce (ICC).
  
  

6. Dispute Resolution

If an amicable agreement regarding a claim cannot be reached, both parties agree to submit to technical arbitration conducted by an independent entity, which will be mutually agreed upon. To ensure neutrality and transparency in the resolution process, the decision issued by the entity will be binding for both parties, ensuring that the arbitration award cannot be subsequently challenged in conventional courts, except in exceptional cases provided for by law.

It is established that the arbitration will take place in Fuzhou, China, in accordance with international arbitration regulations, such as the rules of the International Chamber of Commerce (ICC) or the China International Economic and Trade Arbitration Commission (CIETAC), as agreed upon by the parties when initiating the process. This location takes advantage of the local jurisdiction, as Fuzhou houses Fibramérica’s strategic operations, facilitating access to the necessary information for arbitration.

The parties agree that the final decision issued by the arbitration panel will be final and not appealable, except in limited situations allowed by law. Additionally, the arbitration costs will be shared between the parties according to the applicable rules of the selected arbitration body unless otherwise decided by the arbitration award.

7. Modifications and Validity of This Policy

Fibramérica reserves the right to modify, update, or adjust this policy at any time to adapt to regulatory, technological, or commercial changes that may arise in the future. To ensure transparency and respect for our customers’ rights, any changes to the terms and conditions will be notified in writing, providing at least 30 days’ notice before the new terms come into effect.

These notifications will be sent through the communication channels established in the contracts, either by email, electronic notification, or any other means agreed upon by the parties. During this 30-day period, the customer will have the opportunity to review and raise any questions or comments regarding the proposed changes.

Validity of the Modified Policy:
Once the notice period has elapsed, the changes will automatically apply to all contracts, commercial agreements, or future orders entered into after the revised policy’s effective date. Consequently, the new version of the policy will be binding on all parties involved in commercial transactions with Fibramérica, unless otherwise explicitly agreed upon in writing.

This policy fully complies with international trade regulations, such as the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which allows the parties flexibility to adjust contractual terms according to the changing needs of the business environment. Additionally, customers have the option to request clarifications or, if necessary, reject the changes if they do not align with prior agreements, which must be resolved bilaterally before the new terms take effect.