- Fresh Air Systems
Terms & Conditions
APPLYING TO ALL SALES
GENERAL TERMS AND CONDITIONS
All sales of material or equipment are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in the purchase order of the Purchaser or in any similar such communications are hereby objected to and shall not be binding or effective unless asserted to in writing by an officer or credit manager of the company.
All quotations are made in accordance with our interpretation of the plans and specifications. Quotations include only the materials listed and are subject to correction for errors. Deviations in quantities may modify prices quoted. Quotations are void unless accepted within 30 days from the date therefore, unless otherwise provided. Any orders resulting from quotations are subject to the approval of our credit department. In case of a price increase, any unfilled portion of any order will be billed at the price in effect at the time of shipment unless otherwise stated in quotation. Prices quoted do not include any state or federal taxes. All materials specified in quotations are to be within the limits and sizes of the manufacturer and subject to standard manufacturing practices. Possession of a quotation does not necessarily constitute an offer to sell.
SALES PRICES AND TERMS
Unless otherwise noted, all prices are subject to change without notice. Prices do not include sales, use, excise or similar taxes and where applicable, such taxes shall be billed as a separate item and paid by the Purchaser. Terms as stated on invoice. Unless otherwise noted, all sales are made f.o.b. point of shipment; in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon the Purchaser. Where Purchaser is to inspect or test, inspection and acceptance must be made before shipments.
We can offer you aid in the prompt filing of reports on claims or adjustments for goods damaged in shipment. However, the responsibility must be assumed by you.
We shall not be liable for failure to deliver or for delays in delivery or performance due to: (1) causes beyond our reasonable control, or (2) acts of God, acts of Purchaser, acts of civil or military authority, priorities or other governmental allocations or controls, fires, strikes. or other labor difficulties, riots and other civil disturbances, delays in its usual source of supply, delays in transportation, or (3) any other commercial impracticability. In the event of any such delay, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay.
Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If in our judgment, the Purchaser is unable or unwilling at the time the merchandise is ready for shipment, to perform its obligations in connection with the sale hereunder, we may suspend our performance to the extent that we have not already received the agreed purchase price and may make written demand upon the Purchaser for adequate security for its performance (including cash payment in advance), and the failure of the Purchaser to supply such security within 15 days after the date of such demand shall constitute a repudiation of the sale agreement.
Purchaser may cancel any order only by mutual agreement based upon payment to us of reasonable and proper cancellation charges.
A monthly service charge equal to the highest rate allowed by applicable State law will be made on all past due accounts.
- RETURNED GOODS/RESTOCKING
- Fresh Air Parts recognizes that there may be an occasional need to return purchased material. To be assured a prompt credit to your account. please supply the following information:
- Original invoice number and Date (or copy of Invoice)
- Product number and Description
- Reason for return
- The following material does not qualify for credit:
- Overages from shipments purchased with negotiated pricing.
- Material not purchased from us.
- Material not in salable condition.
- Material must be returned with original cartons.
- Special order material that we can't return to the manufacturer.
- Obsolete or close-out inventory.
- Damage or shortage claims beyond 48 hours from receipt of material.
- Material beyond 120 days of invoice.
- STOCK MATERIAL:
- There is not a restocking charge for material returned within 30 days of the invoice date. You will be charged a restocking fee for material returned beyond 30 days as follows:
- Returned from 30 to 90 days of invoice date: 10% restocking charge.
- Returned from 90 to 120 days of invoice date: 25% restocking charge.
- NON-STOCK MATERIAL:
- All sales of specially ordered material are considered final. Fresh Air Parts at their discretion may contact the manufacturer with a special request for return authorization. The material cannot be returned until the authorization is given by the manufacturer and the terms and conditions of the return have been agreed upon by both parties. If return is authorized, the following will apply:
- A minimum restocking charge of 25% (this may be higher depending on manufacturer)
- A charge for any additional handling fees and all related freight charges.
Please note: When material is returned to the manufacturer, credit will be issued as soon as we receive credit form the manufacturer.
We are neither the manufacturer nor the agent or representative of the manufacturer or the material or the equipment sold herein. Material and equipment distributed by us are the products of manufacturers sold under their respective brand or trade names. Except as to title, WE MAKE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY, relating to material or equipment distributed by us. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Purchaser shall rely upon only those warranties or guaranties of the manufacturer of said material or equipment, for which we assume no responsibility.
LIMITATION OF LIABILITY
Our liability on any claim for loss or damage arising out of sales contracts or from the performance or breach therefore or connected with the supplying of material or equipment there under, or its sale. Resale, operation or use, whether based on warranty, contract, negligence of other grounds, shall not exceed the price allowable to such materials or equipment or part thereof involved in the claim. We shall not under any circumstances, be liable for any labor charges unless agreed upon, in advanced, in writing by an authorized officer.
WE SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of the Purchaser for such damage.
Any assignment of any contract involving an order, or any rights there under, by the Purchaser without advance written consent shall be void.
All orders are subject to acceptance by us and all sales contracts for materials or equipment entered into by us shall be construed and governed by State Law. Any representation, affirmation of fact, and course of dealings, promise or condition in connection therewith of usage or the trade not incorporated herein shall not be binding on either party. No waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and signed by our authorized personnel.
In addition to the purchase price, the contractor will pay any federal, state and local sales, excise, use or thereof taxes arising from the sale or delivery of the products or the use thereof.