TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF SELLER’S TERMS AND CONDITIONS OF SALE
Seller and Buyer agree that the following terms and conditions will apply to any order from Buyer and accepted by Seller. No order or contract will be binding on Seller unless and until accepted and acknowledged by Seller’s headquarters office in Kennesaw, Georgia. No terms or conditions other than those stated herein, whether contained in Buyer’s purchase order, shipping release or elsewhere, and no written or oral agreement that purports to vary these terms and conditions will be binding on Seller, unless hereafter set forth in writing and signed by an authorized officer of Seller. Buyer’s assent to the terms and conditions set forth herein will be conclusively presumed by Buyer’s receipt this document without prompt written objection or from Buyer’s acceptance of all or any part of the equipment or material ordered.
CANCELLATION CHARGES
Orders, once placed are non-cancellable. Full value of order will be due to seller.
PAYMENT TERMS
Payment in full with order. Payments can be made by wire transfer or major credit card. Wire transfers under $1000 will incur a $75 processing fee added to the total. Allow up to five business days, Mon-Fri for all wire transfers to be received. Credit card payments will incur a 4% service fee added to the total. We accept Visa, Mastercard, American Express and Discover.
INTERNATIONAL ORDERS
All orders are Ex Warehouse, Kennesaw, GA, unless otherwise specified. Orders that are shipped to countries outside of the U.S. may be subject to import taxes, customs duties and fees levied by the destination country. The buyer is responsible for these charges. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. Please contact your local customs office for information. IV TECH GA, LLC is required by US law to maintain records of all exports; therefore we require our buyers to comply with these laws by providing end user name and address as well as end use for product(s) purchased with each order. Any export documentation (i.e. Certificate of Origin, notarization, SASO, etc.) required by your freight forwarder will incur extra charges. We will bill at the actual cost plus a service fee. IV TECH GA, LLC has no way of knowing exactly which documents are required at the time of quotation. These charges may not be included in your quotation. IV TECH GA, LLC has no way of knowing what each shipper requires in the form of export documentation.
QUOTATION VALIDITY
All quotes are valid for 30 days from the quote date.
FORCE MAJEURE
Neither party will be liable for any failure or delay in performance due to force majeure conditions, including, but not limited to, war, riot or civil disturbance, accident or equipment breakdown, strikes or disputes with employees, actions of any governmental authority, compliance with any law order, regulation or directive of any governmental authority, shortages of or inability to obtain materials, supplies, transportation, fuel or energy, or any cause beyond the reasonable control of Seller or Buyer, as the case may be.
NON-CONFORMANCE
Seller will replace, at the original point of delivery, Kennesaw, GA, equipment or material which upon inspection before installation is found defective or not in conformity with the applicable specifications, provided that written notice has been given of such defect or non-conformity within 15 days of receipt of equipment by Buyer, and Seller is given a reasonable opportunity to inspect. No claims will be accepted by Seller for the cost of any labor expended on such equipment or material, or for any separate, special, indirect, incidental or consequential damages to anyone. If Buyer does not give such notice, the equipment or material shall be deemed received in all respects in accordance with the specifications.
BUYER’S EXCLUSIVE REMEDY; LIMITATION OF DAMAGES
In case of an alleged breach, Seller’s entire liability and Buyer’s exclusive remedy shall be as follows: In all situations involving the performance or non-performance of equipment, Buyer’s remedy is the adjustment or repair of the equipment or, at the Seller’s option, the replacement of the equipment. Seller’s liability for damages to Buyer for any cause whatsoever and regardless of the form of action or claim, whether in contract or in tort, including negligence, shall be limited to 100% of the purchase price of the equipment or part that is the subject matter of, or directly related to, the action or claim on which such liability is based. In no event will Seller be liable for any lost profits, lost savings or any special, indirect, incidental or consequential damages, even if Seller has been advised of the possibility of such damages, or for any claim by Buyer based on any third party claim.
WARRANTY
All warranties are as per the manufacturer’s warranty terms and conditions (conditions will vary from manufacturer to another). All warranties are limited to the repair or replacement without charge, f.o.b. Seller’s warehouse, of any defective parts.