TERMS AND CONDITIONS
October 6, 2011
All orders for stock products or special ordered products directly from our manufacturers are subject to acceptance by Pittsburgh Air Systems, Inc. Cancellation of orders after Customer release is subject to cancellation charges if the equipment is not standard Pittsburgh Air Systems, Inc. stock. All manufacturers’ Quick Ship orders cannot be cancelled once the order is place with the manufacturer.
Delivery dates given are our best estimate and are not guaranteed. Furthermore, Pittsburgh Air Systems, Inc. cannot be held responsible for any liability arising from delays in shipping, delivery or manufacturing regardless of the cause of delay. A $25.00 charge will be assessed to any order shipped out by a common carrier that requires notification prior to delivery.
All prices, unless otherwise specified, are F.O.B. Pittsburgh Air Systems, Inc. warehouse or if the order is to drop ship from one of our manufacturers, the price is F.O.B at the manufacturer. Published and quoted prices do not include Federal, State or Local taxes, which may be imposed on the sale of our product. All sales, use, excise, transportation, privilege, occupational, consumption, storage or other taxes which may be levied by any taxing authority as a result of this transaction shall be paid by the Customer. All quotations are valid for 30 days. Published catalog prices are subject to change without notice. All quotations are for material only and do not include installation, start-up, calibration, etc. unless specifically stated in a WRITTEN quotation. All sales are expressly conditioned on the Customer’s acceptance of the Terms and Conditions of Sale set forth herein.
CREDIT, PAYMENT TERMS and SERVICE CHARGES
All sales are subject to customer credit approval. No equipment will be released without current credit approval or cash in advance. Credit investigation typically takes 1-2 weeks. Will Call: Payment is due in 30 days from date the equipment was picked-up from our facility. Shipments: Payment is due 30 days from the date the equipment was shipped from our warehouse or from the manufacturer. All payments made over 30 days from the due date will be assessed a finance charge of 1.5% per month. All payments made over 30 days will be applied first to finance charges, and then to principal. All accounts with balances over 45 days are subject to credit hold. In the event that a Customer’s check is returned, all fees incurred by Pittsburgh Air Systems, Inc. shall be added to the Customer’s account balance and be due to Pittsburgh Air Systems, Inc. Any discrepancies in billing will be reported in writing to Pittsburgh Air Systems, Inc. within ten (10) business days of receipt of the billing or Pittsburgh Air Systems, Inc’s billing will be conclusively presumed to be ratified and adopted by the Customer. All billings, even if disputed, are due and payable on the Terms and Conditions of Sale set herein. Pittsburgh Air Systems, Inc., will neither accept nor be bound by any change or modification to these Terms and Conditions of Sale, except upon a written change thereto, signed by a duly authorized representative of Pittsburgh Air Systems, Inc. In the event an account is placed for collection, purchaser shall be responsible for all reasonable attorneys' fees and costs incurred by Pittsburgh Air Systems, Inc. in securing payment. Until fully paid for, Pittsburgh Air Systems, Inc. expressly retains title to all materials to secure payment of purchase price and/or security interest in such materials under uniform commercial code.
VISA, Master Card and American Express may be an acceptable form of payment at the sole discretion of Pittsburgh Air Systems, Inc. Contact Pittsburgh Air Systems for conditions of credit card acceptance.
RETURN MATERIAL / RESTOCKING
Special orders which are not in stock cannot be returned for credit. Current, standard stock items in undamaged and in as-new condition can be returned for full credit under the following conditions:
MATERIAL DAMAGE / FREIGHT CLAIM PROCEDURES - COMMERCIAL CARRIERS
Shipment made via commercial carriers are shipped F.O.B. Point of Origin. Once the shipment leaves either Pittsburgh Air Systems, Inc. and/or any of our manufacturers, it is the customer's responsibility to file claims for loss and/or damage incurred during transit, regardless of who pays the carrier. Pittsburgh Air Systems, Inc. will provide copies of any document in its possession required for proper filing of the claim. Pittsburgh Air Systems, Inc. will also lend any other support to an equitable resolution. However, in providing such support and assistance, Pittsburgh Air Systems, Inc. does not assume liability or responsibility for final settlement or collection of any claims.
UPS/FED EX GROUND
Notify driver or call local shipping office for inspection of damaged merchandise. Any questions regarding the above "Freight Claim Procedures" should be directed to Pittsburgh Air Systems, Inc.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
Pittsburgh Air Systems Inc., its divisions, affiliates, successors and assigns DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Customer further agrees that its exclusive remedy against Pittsburgh Air Systems, Inc. for equipment that allegedly does not conform to Customer’s specifications shall be repair or replacement of such non-conforming equipment at Pittsburgh Air Systems, Inc’s option, and Pittsburgh Air Systems Inc., its divisions, affiliates, successors and assigns hereby DISCLAIM, AND SHALL NOT HAVE LIABILITY FOR CUSTOMER’S INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR EXPENSES OR BREACH OF WARRANTY OR FOR NEGLIGENCE ON THE PART OF Pittsburgh Air Systems, Inc. Any claimed defects or non-conformities in the equipment will be reported in writing to Pittsburgh Air Systems, Inc. within ten (10) business days of delivery of the equipment, or the equipment will be conclusively presumed to be in full conformance with Customer’s specifications. Notwithstanding any provision to the contrary Pittsburgh Air Systems, Inc.'s total financial liability to customers shall not exceed the purchase price as stated on the invoice.