Terms and Conditions
The sale of product described herein, ("Product") is made on the condition that Buyer assents to the promises, terms and conditions set forth below. These Terms and Conditions supersede all other agreements, and represent the entire agreement between the parties hereto.
1. Deliveries - Delivery of Product is F.O.B. place of shipment, which shall be determined by Warmzone Management, LLC. ("Warmzone"). Any freight allowances are based on the date of the price quotation and may not be the amount ultimately charged by the shipping company. Additional charges will be processed if the actual shipping fees differ from those estimated on the Purchase Agreement. Product is shipped via UPS ground unless other arrangements are made with Warmzone prior to shipping. In the event the specific Product ordered is not available for timely delivery, Warmzone shall be entitled, in its sole discretion, to deliver substitute products of equal or better quality.
3. Technical Support - All technical support inquiries should be addressed to the Product manufacturer who is solely responsible for the proper operation of the equipment. Buyer agrees to independently confirm technical support received from Warmzone, if any, with the Product manufacturer. Buyer agrees Warmzone will not be liable for any losses or damages based on technical support given by Warmzone or its agents.
4. Securing Payment - Buyer agrees to pay in full prior to shipment using a check, certified funds, wire transfer or major credit card. Any amount not paid in full at the time of shipping will be subject to interest at 1.5% per month or 18% per annum. Buyer agrees to pay any outstanding balance within thirty (30) days of the date Product is shipped. If the Buyer defaults in his payment obligations, Buyer agrees to pay attorney fees, costs of court and costs of collection incurred at any time.
5. Payment Terms - All payments for Product, taxes and shipping under this agreement are due in full prior to the shipment of Product. Pricing discounts, if any, based on volume require the purchase of the entire amount originally ordered to remain valid. Standard pricing will apply if less than the full order is purchased.
6. Tax - In addition to the price for Product, Buyer agrees to pay the amount of any excise, sales, use, or other taxes related to the Product on their sale, except where the Buyer shall provide Warmzone with a Tax Exemption Certificate applicable to the taxing authority.
7. Disclaimer - Warmzone & Manufacturer shall not be liable for any inaccuracies in estimates or projections made to Buyer. All calculations relied upon in connection with estimating the cost, power requirements, or other feasibility of the Product for a specific purpose must be made by an independent professional familiar with local rates, regulations, and laws. The specific Product sold to Buyer will be based on information provided by Buyer to Warmzone prior to Product delivery. Changes in plans, layouts, construction, or other changes made after Product is ordered may require different Products. Buyer is solely responsible for all additional costs associated with such changes including new Products, shipping, labor, etc. Warmzone & Manufacturer disclaim any liability for Product defect claims that are due to Product misuse, improper Product selection or misapplication, or damage to installed Product. Warmzone & Manufacturer make no warranty as to the design of the Product and will not assume responsibility for any damage or harm to buildings and/or individuals arising from Product misuse, installation, improper Product selection or application. In no case will Warmzone or Manufacturer be liable for any incidental, indirect, or consequential damages arising from the design or performance of the Product. Any and all damage caused to Manufacturer Products by Buyer, Contractor and/or other subcontractors must be reported to Manufacturer within 24 hours. Buyer agrees to provide all Product installation and operating information materials, supplied by Manufacturer, to all subcontractors who will perform work or have contact with Products. Buyer also agrees to enforce all necessary precautions and/or collection of damages to Products caused by self or others. Buyer will assume full liability for damage caused by self or subcontractor to Products. Installers of the Product, whether working under the Warmzone emblem or not, are independent contractors. Warmzone does not review, supervise, or control the work of such independent contractors nor does it have the ability to do so. You are solely responsible for selecting an installer for the Products and agree to assume all risks associated with such selection. You agree that Warmzone is not liable for any work performed by installers of the Product, whether such installers are recommended by Warmzone or not.
8. Exclusions - Sale is for Product only. All other additional items including breakers and ancillary electrical supplies will need to be provided by others.
9. Integration Clause - There shall be no waiver, alteration, modification, or change of any of the provisions or terms and conditions, except in writing and signed by a duly authorized representative of Warmzone.
10. Returns - All Product returns must be authorized by Warmzone in writing. Authorization may be withheld, in Warmzone’s reasonable discretion, based upon time, product, and other constraints. Buyer understands and agrees that customized systems cannot reasonably be reused or resold and therefore agrees that under no circumstances will customized systems be authorized for return or refund.
11. Repeat Orders - Your initial authorization and acknowledgment of these ‘Standard Terms & Conditions of Sale’ can be used for subsequent orders.
12. Restocking Fee - Once any portion of an order has been shipped from Manufacturer’s facility, the entire sale is considered as complete and final. In the event the Buyer decides to return any Product to Manufacturer for a refund or for exchange, it is agreed that a 25 percent restocking fee will be charged based on the price that Buyer paid for the returned Product. Return freight costs are paid by the Buyer. No C.O.D. shipments will be accepted. Upon receipt and inspection of the returned Product a refund will be issued minus the restocking fee.
13. Jurisdiction and Venue - Buyer agrees that this agreement shall be construed according to the laws of the State of Utah and in the event any legal action is undertaken for any reason that jurisdiction and venue shall be in the State of Utah, County of Salt Lake.
IN WITNESS WHEREOF, the Contractor and/or Buyer signifies their complete understanding and agreement to comply with the terms hereof by checking the appropriate box online and/or tendering payment. Further, the individual verifies that he/she is authorized to agree to the Terms and Conditions for and on behalf of the Buyer. This agreement is entered into by Contractor and/or Buyer with Warmzone.