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GOVERNING LAW: This agreement shall be
an Illinois contract and shall be interpreted
and administered for all purposes under the laws of Illinois.
QUOTATIONS AND ACCEPTANCES: All
quotations and acceptances of orders are made with the mutual understanding
that the orders are not subject to cancellation unless by mutual written
consent. Care is taken to give reliable
descriptions but these are not guaranteed, and prospective buyers are advised
to check details. The shipping date is
approximate only and is conditional upon delays, nonperformance occasioned by
strikes, fires, or other causes beyond our control. We reserve the right to correct stenographic
errors. It is understood that there are
no conditions or agreements outside of this written proposal and that all prior
conversations, agreements, or representation with reference to its subject
matter are superseded.
TERMS: Payment
terms-Standard payment terms for established open accounts are net 30 days from
date of invoice (not date of arrival of goods): 1.5 % monthly service charge on
past due invoices, any collection and legal fees are the responsibility of
purchaser if payment is past due.
Parties agree that any lawsuit arising from any transaction between the
parties hare to will be under the jurisdiction of the Circuit Court of the
Eight Judicial Circuit of Illinois, Adams
County.
INSTALLATION: No installation or job
site supervision charges or services are included unless specified on this
quotation.
PRICES: Prices are subject to change
without notice.
STORAGE: All orders will be invoiced on scheduled ship
date. Any stored order must receive
manufacturer approval. Storage charge
will be assessed at $20.00 per business day.
TAXES: No taxes of any kind are
included. All prices herein and/or
contracts shall be subject to increase without notice, by the amount of any
present or future sales or excise tax levied or charged, either by federal,
state, or any other tax assessing agency.
FREIGHT TERMS: F.O.B. Factory. No
freight allowed. All charges for
unloading and transportation to job site are at buyer’s expense.
CONTINGENCY: All contracts are
contingent upon fire, strike, accidents, and delays in transit or other causes
beyond our control.
CHANGES: Changes made after fabrication
has begun shall be submitted, in writing, signed by the purchaser. Purchaser agrees to the cost of any such
changes applicable.
CLAIMS: Title passes to buyer upon
delivery to the carriers unless otherwise indicated. Safe delivery is the carrier and loss or
damage should be noted on delivery receipt and freight bill before acceptance
of shipment. Make claims promptly. We are willing to assist in collection of
claims.
GUARANTEE: All claims for incorrect
products or replacement must be made and settled prior to installation. All products are inspected before shipment
and are guaranteed against defective workmanship or material, subject to our
standard warranty. U.S. Cooler assumes
no liability for expenses or repairs made outside its factory without written
authorization.
LOCAL CODES: U.S.
Cooler does not assume responsibility or costs for field changes to its
products to meet local or state codes.
ORDERS: All orders resulting from this
quotation are subject to acceptance by the factory. To begin production, factory needs customer’s
signed order acknowledgment, approval drawing, and credit approval.
RETURN OF MATERIALS: No goods may be
returned without factory’s prior written consent. Restocking fees will be
applied.
CANCELLATION OF ORDERS: No order may be cancelled without factory’s
prior written approval. Restocking fees
will be applied.
WARRANTY: U.S.
Cooler warrants to the original purchaser that the walk-in panels manufactured
by the company are free from any defect in material or workmanship under
conditions or normal use and service.
The Obligation of the manufactured under this warranty shall be limited
to repairing or replacing at their option FOB factory, panels of said walk-in
which prove defective within ten years from the date of original
installation. All hardware carries a
standard 1-year warranty.
Refrigeration
equipment carries a standard one-year factory warranty for compressor and
accessories. An extended four-year
compressor warranty is available as an option. A 1st day-5th
year labor and parts warranty is also available as an option. The obligation of the manufacturer under this
warranty shall be limited to repairing or replacing at their option FOB
factory; any part of said refrigeration system, which proves defective within
one year from the date of purchase.
This Warranty is in lieu of all others
warranties expressed or implied and does not apply to equipment, which has been
subject to any accident, alteration, abuse, misuse or improper
installation. This warranty does not
include any labor charges for replacement or repair of defective parts.
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