Terms and Conditions of Sale
ToroAire shall hereinafter be referred to as “The Company”. The company represents several and varied Manufacturers of finished goods, and represents these firms as Agents and Distributors. As such, The Company passes on to the purchaser, certain conditions of the various Manufacturers. In no instance, expressed or implied, are the terms and conditions of one of the several Manufacturers Represe nted invalidated by this quotation.
TERMS: On approval of credit and unless otherwise agreed, terms of payment are net cash 30 days from date of invoice. No rights of lien are waived.
ACCEPTANCE: This quotation is offered for acceptance for a period of 30 days, subject to extension only on review of The Company. This quotation is subject to revision on notice. In those instances where the Manufacturer reserves order acceptance prerogative, final acceptance shall be so governed.
TAXES: Prices do not include sales, use, excise or similar taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the equipment, imposed by any authority, shall be paid by the purchaser at the time of delivery, or in lieu thereof the purchaser shall provide The Company with a tax- exemption certificate acceptable to the taxing authorities.
CLAIMS: All shipments are made F.O.B. the various points of Manufacturer. Goods, even though shipped to The Company’s order , are shipped at the sole risk of the Purchaser from and after delivery to the carrier, and Purchaser assumes all responsibility for shortages, loss, delay or damage in transit after issuance to the Manufacturer by carrier of clean bill of lading. All claims must be made by Purchaser against the carrier.
DELIVERY: All shipping information is approximate. Delivery of the equipment hereunder shall be made F.O.B. Manufacturers’ plants, unless otherwise stated. Shipping dates are approximate and are based on prompt receipt of all necessary information at Manufacturers’ plant. In case of delay in furnishing complete information, dates or shipment may be extended for a reasonable time based on conditions at Manufacturers’ plant. Receipt of the equipment by Purchaser shall constitute a waiver of all claims for delay and in no event shall The Company be liable for special or consequential damages due to delay.
The Company will not be liable for delay in delivery due to causes beyond the reasonable control due to acts of God, acts of the Purchaser, or of any civil or military authority, fires, strikes, picketing or boycotts, floods, epidemics, quarantine restrictions, war, insurrection or riot, embargoes, car shortages, wrecks or delays in transportation, unusually severe weather, or inability to obtain necessary labor, materials or manufacturing facilities due to such causes and in the event of any such delay the date of delivery shall be extended for a length of time equal to the period of the delay.
WARRANTIES: The Company passes on to the Purchaser, the manufacturer’s warranty that applies to that certain purchased item. The purchaser shall request the exact warranty as applicable to his purchased product. There are no implied or expressed warranties by The Company other than those of the Manufacturer and in no case will the amount of the warranty or liability exceed the amount of the invoice. The Company accepts no contingent or consequential liabilities of any nature. In no case will the company be liable for damages beyond the purchase price of the deflective item(s).
CANCELLATIONS: The Company passes on to the Purchaser all charges, as applicable as directed by the Manufacturers, which in no case is less than 15%. Materials may be returned only on written confirmation by the Manufacturer. On notice of cancellation, seller will enumerate and submit all charges and costs which may include submittal preparation, overhead and profit, factory costs incurred until notice of cancellation was received.
PRODUCT DESIGN: The Company Represents Companies whose products are believed to be the finest available. Continued product revision is mandatory with our times. The product shipped will be of the latest available design. Product improvement is in the customer’s best interest and no liability of any kind will be incurred on the part of The Company, due to a product change.
COLLECTIONS: Should Purchaser for any reason default in the payment for the materials, Purchaser agrees to pay all collection costs, attorney fees and expenses incurred by The Company in collecting payment, including interest at the rate of 1.5% per month.
PLANS AND SPECIFICATIONS: Any reference to plans and specification apply only to applicable technical portions of the plans and specifications. Seller is a vendor only and is not bound to the contractor under any provisions of general contract provisions including payment terms, retention “hold”, delay, arbitration and cancellation provisions. On plan and specification work, all equipment is per the approved submittals which shall determine ultimate responsibility and scope of seller’s obligations.
ORDERS PLACED ON HOLD AFTER RELEASE: All orders placed on hold must be in writing as an amendment to the buyer’s purchase order and must include “hold” duration, reason and special requests such as storage arrangements, etc. Seller will confirm this request, summarize and present costs associated with this “hold” in writing. Costs will include submittal preparation, storage, factory costs and material costs. Seller is specifically not bound by only owner or general contract provisions as they relate to seller as seller is a vendor only and not a “contractor.”
All quotations are expressly governed by and subject to ToroAire’s terms and conditions of sale which are located at https://toroaire.com/terms-conditions/ and expressly incorporated herein by reference.