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Terms of Sale |
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These terms and conditions
of sale constitute a binding contract between Customer and Air-Temp.
Customer accepts these terms and conditions of
sale by making a purchase, placing an order or otherwise shopping
on Air-Temp's Website (the "Site").
These terms and conditions of sale are subject to change without
prior notice, except that the terms and conditions of sale posted
on the Site at the time Customer initially places or modifies
an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement
between Customer and Air-Temp relating to
the terms and conditions of sale of products and services on
the Site. Customer consents to receiving electronic records,
which may be provided via a Web browser or e-mail application
connected to the Internet; individual consumers may withdraw
consent to receiving electronic records or have the record provided
in non-electronic form by contacting Air-Temp.
Customer may issue a purchase order for administrative purposes
only. Additional or different terms and conditions contained
in any such purchase order will be null and void. Customer agrees
that the terms and conditions of sale contained herein and in
Air-Temp’s invoice or other documentation
will control. No course of prior dealings between the parties
and no usage of trade will be relevant to determine the meaning
of these terms and conditions of sale or any purchase order or
invoice related thereto.
Warranties
Customer understands that Air-Temp is not
the manufacturer of the products purchased by Customer hereunder
and the only warranties offered are those of the manufacturer,
not Air-Temp. In purchasing the products,
Customer is relying on the manufacturer’s specifications
only and is not relying on any statements, specifications in
brochures, photographs or other illustrations representing the
products that may be provided by Air-Temp.
In connection with services, neither affiliates of Air-Temp
nor third party service providers are agents of Air-Temp
and Air-Temp
has no obligation or liability arising from any services performed
by or any warranty, if any, made by, such service providers.
Air-Temp and its affiliates expressly disclaim all
warranties either express or implied, related to products sold
or services provided by third parties or affiliates of Air-Temp,
including, without limitation, any warranty or
merchantability or fitness for a particular purpose. This disclaimer
does not affect the terms of the manufacturer's warranty, if
any.
Pricing Information
All pricing is subject to change. Air-Temp
reserves the right to make adjustments to pricing, products and
service offerings for reasons including, but not limited to,
changing market conditions, product discontinuation, product
unavailability, manufacturer price changes and errors in advertisements.
All orders are subject to product availability. Therefore, Air-Temp
cannot guarantee that it will be able to fulfill
Customer’s
orders.
Orders, Payment Terms, Interest and Taxes
Orders are not binding upon Air-Temp unless
accepted (credit card transactions processed on the site DO NOT
constitute acceptance of an order.) by Air-Temp
and we reserve the right to cancel any order for any reason.
Terms of payment are within Air-Temp's sole
discretion. Invoices are due and payable within the time period
specified on the invoice, measured from the date of invoice.
Air-Temp may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the lower
of one and one-half percent (1 1/2%) per month or at the highest
rate allowed by law. Customer is responsible for, and will indemnify
and hold Air-Temp harmless from, any applicable
sales, use or other taxes associated with the order. Customer
must claim any exemption from tax at the time of purchase and
provide the necessary supporting documentation. Any sales, use
or other applicable tax is based on the location to which the
order is shipped. In the event of a payment default, Customer
will be responsible for all of Air-Temp’s
costs of collection, including court costs, filing fees and attorney’s
fees. If an order is not paid within the 24
hour window the order will become null and void.
Third Party Services
Customer acknowledges and agrees that, in some instances, Air-Temp and its
affiliates are resellers of services
and are not the provider of those products and services. In those
cases, the third party service provider is the only party responsible
for
providing services to Customer. In those cases, Customer will
look solely to the third party service provider for any loss,
claims or damages arising from or relating to the purchase or
provision of such services. Customer hereby releases Air-Temp
and its affiliates from any and all claims arising
from or relating to the purchase or provision of any such services
by third party service providers. Services may be subject to
tax. All amounts, including taxes, associated with third party
services are being collected by Air-Temp on behalf of Air-Temp
solely in the capacity as an independent sales agent.
Limitation of Liability
Neither Air-Temp nor its affiliates will be liable
for lost profits, loss of business or other consequential,
special, indirect or punitive damages, even if advised of
the possibility of such damages, or for any claim by any third
part. Neither Air-Temp not its affiliates will
be liable for products not being available for use or for
lost or corrupted data or software or the provision of services
by third parties. Customer agrees that for any liability related
to the purchase of products or services provided directly
by Air-Temp or its affiliates, neither Air-Temp
nor its affiliates are liable or responsible for any amount
of damages above the dollar amount paid by Customer for the
product(s) or service(s) giving rise to the claim.
Air-Temp will not be responsible for any
delays in delivery which result from any circumstances beyond
its control, including without limitation, product unavailability,
carrier delays, delays due to fire, severe weather conditions,
failure of power, labor problems, acts of war, terrorism, general
insurrection, acts of God or acts of any government or agency.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Air-Temp's advertising and marketing (collectively, a “Claim”) will be resolved, upon the election of Air-Temp, customer or third parties involved, exclusively and finally by binding arbitration. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Cresskill, New Jersey. If arbitration is chosen by any party with respect to a Claim, neither Air-Temp nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Cresskill, New Jersey. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Air-Temp arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
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