Terms and Conditions

USA Coil & Air, Terms and Conditions of Sale

Address:

11 General Warren Blvd.
Malvern, PA 19355

 

PRICES, SHIPPING, TAXES:

All price quotes are valid for fifteen (15) days from Seller’s offer, after which Seller may change same.  Shipping times are approximate based on fabrication release date and production schedule.  All applicable taxes are to be added and paid by Buyer.
TERMS: Terms of payment are strictly net thirty (30) days unless otherwise agreed in writing by Seller prior to order execution or shipment.  Interest may be added on any order unpaid after 30 days, at the rate of 18% per annum from date of shipment.

 

PURCHASE ORDERS:

Seller requires Buyer’s purchase order; however, Seller’s terms shall control in the event of any conflict with any Buyer document and no term of any Buyer document not agreed to here or elsewhere in writing by Seller’s authorized representatives shall be binding upon Seller.

 

SHIPPING SCHEDULES AND INFORMATION:

Shipping time spans or schedules are based on estimated production time available, normal five work-day week, excluding weekends, holidays, carrier origin, pick-up time and travel to destination time.  All items are F.O.B. shipping origin location.  Damage or delayed shipment claims shall be filed against the carrier by the Buyer or documented destination party.  Seller to choose the carrier unless otherwise instructed by the Buyer.

 

CHOICE OF LAW; DISPUTES:

This agreement and the performance of the parties hereunder shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania and shall be deemed made in that State.  Venue for any proceeding hereunder shall be only in State or Federal Court nearest to the Seller’s main office:  Buyer agrees to personal jurisdiction therein and to service of process by regular mail at its main business address, as well as otherwise allowed by court rules, acknowledgement.  Buyer will be responsible to court costs and legal fees in cases of nonpayment.

 

CANCELLATIONS:

Purchase orders cannot be canceled except by written consent of the Seller.  If Seller consents to same, all expenses incurred by the Seller as a result of such cancellation shall be reimbursed prior to acceptance of any cancellation.

 

ORDER ACKNOWLEDGEMENT:

Order acknowledgements by Seller are provided on the basis of Sellers interpretation of the purchase documents and specifications.  Where applicable, submission drawings, date and documents will be provided upon Buyer’s request for approval and record purposes; and such submission drawings, data and documents shall constitute Buyer’s acceptance of all equipment and accessories as complying with purchase order and specifications for earliest possible shipping date.

 

PRODUCT CHANGES AND DELAYS:

In the interest of product improvement and service, Seller reserves the right to change materials, design and fabrication methods without incurring obligation.  Seller shall not be liable for any delays beyond its control, such as those caused by riots, strikes, fire, floods, lack of transportation or accidents.

 

LIMITED WARRANTY:

Seller warrants to the original buyer only, that any equipment manufactured by it will be free from defects in material and workmanship, under normal use and service, for one year from date of shipment.  Seller’s obligation under this warranty shall be strictly and exclusively limited to repairing or replacing parts and materials free of charge, F.O.B. our plant, which, in Seller’s judgment are defective or, at Seller’s option, refunding the purchase price in which event no other monies shall be due Buyer under any legal theory.  Seller cannot control the environment or manner in which the equipment is used; therefore, this warranty does not among other things cover corrosion of equipment during use, or deterioration caused by conditions of use, or that application of finishes supplied by others is sufficient or that finishes applied are suitable for the Buyer’s environment.  Seller assumes no responsibility for reimbursing repair or replacement expenses incurred without its prior written authorization.  Buyer shall be responsible for all labor costs incurred in connection with such repair or replacement at installation site.  All costs of removing, packing and shipping defective equipment and parts shall be paid by the Buyer.  The products or services of other manufacturers which are furnished by Seller are covered only by such warranties as are given by said manufacturer to Seller.  In this regard, Seller agrees to certify to Buyer the identity of the supplier of items claimed to be defective so that the Buyer may pursue warranty claims against the party.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES:

Seller makes no other warranties, express or implied, with regard to good or services provided by seller other than those set forth herein.  ANY IMPLIED WARRANTIES ARE DISCLAIMED INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND QUALITY.  The maximum aggregate liability to Seller to Buyer for all claims, in contract, tort, or otherwise, arising from or relating to the goods and/or services provided hereunder shall not exceed the total amount of monies paid to Seller under this Agreement.  In no event shall Seller be liable for any consequential, indirect, special, punitive, exemplary or incidental damages, including without limitation, lost profits, loss of date, loss of goodwill or other economic loss even if it has been advised of the possibility of such potential loss or damage and regardless of nature of the cause of action or theory asserted.  The foregoing limitation of liability and exclusion of certain damages shall apply in all events.  Seller shall not be liable for any personal injury arising out of the goods and/or services hereby provided to Buyer.  It is understood between the parties that damage to the contents of the product herein vended, ineffectiveness of the product, or other unintended consequences may result from many factors including the manner or use or application of the product, all of which are beyond the control of the Seller.  All such risks shall be assumed by the Buyer.