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TERMS AND CONDITIONS
Varitec Solutions is a manufacturer’s agent representing the various suppliers quoted in this proposal. Acceptance of this proposal is deemed to be acceptance of the terms and conditions set forth by the various suppliers represented herein.
ESCALATION: Upon acceptance of this quotation by the purchaser, the prices quoted will remain firm providing notification to release to production for earliest possible shipment is received by Varitec Solutions. within ninety (90) days from date of order placement. For orders released after ninety days, prices will be subject to escalation ol one percent per month or fraction thereof from the third month through the sixth month, if published prices have changed. Orders released after six months from date of order placement will be subject to price renegotiation before being placed into production.
TERMS: Terms of payment are subject at all times to the approval of our supplier’s Credit Department. A service charge of 11/2% per month (18% annual rate) will be added to all past due accounts. If collection becomes necessary you will be responsible for cost of collection, including reasonable attorneys fees.
CLAIMS: The responsibility of Varitec Solutions. and their suppliers ceases upon delivery of goods in good condition to the carrier. Claims for factory shortages will not be considered unless made in writing to Varitec Solutions. within ten (10) days after receipt of the goods and accompanied by reference to our bill of lading and factory order numbers. As all goods are shipped at customer’s risk, any claims for damage or shortage in transit must be filed by customer against the transportation company.
TAXES: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by the customer in the same manner and with the same effect as if originally added thereto. Taxes are not included in the prices quoted on this proposal, unless specifically noted.
CANCELLATIONS: Accepted orders are not subject to cancellation without Varitec Solutions. and suppliers being reimbursed for any and all expenses.
DELAYS: Varitec Solutions. and suppliers shall not be liable for any delays caused by riots, strikes, tires, floods, lack of transportation, accidents or any other contingency beyond their control.
PRODUCT CHANGES: In the interest of continuous product improvement, Varitec Solutions. and suppliers reserve the right to change specifications and/or design without incurring obligation.
RETURNED GOODS: Goods may not be returned except by written authorization of an authorized Officer of Varitec Solutions. and when so returned will be subject to a handling charge and transportation costs.
Authorized return goods should be returned to suppliers as directed by Varitec Solutions. depending on point of origin. Return shipments should not be directed to any of Climatec’s locations.
WARRANTY: Varitec Solutions. and suppliers warrant products of their manufacture to be free of defects in material and workmanship if properly installed, cared for and operated under normal conditions, with competent supervision. Varitec Solutions. and suppliers’ obligation under this warranty is limited to making good at its factory any part or parts thereof which shall, within one year after shipment of its products to the original purchaser, be returned to its factory with transportation charges prepaid, and which upon examination shall appear to Varitec Solutions. and suppliers’ satisfaction to have been thus defective. Correction of such defects by repair or replacement shall constitute fulfillment of all obligations to purchaser, and Varitec Solutions. and suppliers shall not be liable for loss, damage or expenses directly or indirectly arising from the use of its product or from any other cause. Varitec Solutions. and suppliers assume no liability for expenses or repairs made outside of its factory except by written consent. No liability whatsoever shall attach to the seller until said products have been paid for.
The above warranty supersedes and is in lieu of all other warranties including any warrant of merchantability expressed or implied and no person, agent or dealer is authorized to give any warranties on behalf of Varitec Solutions. and suppliers or to assume for Varitec Solutions. and suppliers any other liability in connection with any of Varitec Solutions. and suppliers’ products.
Varitec Solutions. and suppliers make no warranty whatsoever with respect to motors, switches, controls or accessories, inasmuch as they are warranted separately by their respective manufacturers.
IN CONCLUSION: All orders accepted by Varitec Solutions. and suppliers are with the express condition that the purchaser agrees with the terms and conditions appearing on the face and reverse side hereof. Varitec Solutions. and suppliers’ failure to object to the provisions contained in the customer’s purchase order or other communications shall not be deemed a waiver of the terms and conditions hereof or acceptance of such provisions. No representations or guarantees other than those contained herein shall be binding upon Varitec Solutions. and suppliers unless made in writing and signed by an Officer of Varitec Solutions. and suppliers.
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