Dealer Terms and Conditions
The following Terms and Conditions shall apply to all transactions that take place as a part of the Coolstructures Discount Dealer Program. "Purchaser" for purposes of these Terms and Conditions shall refer to the qualified Discount Dealer. "Manufacturer" for purposes of these Terms and Conditions refers to Coolstructures.
PAYMENT TERMS: ALL ORDERS SHALL BE PAID FOR BY PURCHASER WITH APPROVED PAYMENT METHOD AT THE TIME OF ORDER.
TAXES: NO TAXES OF ANY KIND ARE INCLUDED IN THE PRICE LISTED. ALL PRICES AND/OR CONTRACTS SHALL BE SUBJECT TO INCREASE BY THE AMOUNT OF ANY PRESENT OR FUTURE SALES OR EXCISE TAX LEVIED OR CHARGED BY THE FEDERAL, STATE, LOCAL GOVERNMENTS OR ANY OTHER TAX ASSESSING AGENCY.
FREIGHT TERMS - F.O.B. FACTORY. ALL CHARGES FOR UNLOADING AND TRANSPORTATION TO JOB SITE SHALL BE AT PURCHASER'S SOLE EXPENSE.
BREACH OF CONTRACT/FORCE MAJEURE - MANUFACTURER'S FAILURE TO PERFORM UNDER THIS CONTRACT FOR REASONS BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, STRIKES, ACCIDENTS, DELAYS IN TRANSIT, OR ANY OTHER CAUSE BEYOND ITS CONTROL SHALL NOT CONSTITUTE BREACH OF CONTRACT.
CLAIMS - TITLE PASSES TO PURCHASER UPON DELIVERY TO THE CARRIER, UNLESS OTHERWISE INDICATED. SAFE DELIVERY IS THE RESPONSIBILITY OF THE CARRIER AND LOSS OR DAMAGE SHOULD BE NOTED ON DELIVERY RECEIPT AND FREIGHT BILL BEFORE ACCEPTANCE OF SHIPMENT. IT SHALL BE NOTED THAT ANY ORDERS SIGNED FOR OR ACCEPTED BY PURCHASER UPON DELIVERY WILL NOT BE COVERED FOR FREIGHT DAMAGE. MANUFACTURER, WHERE POSSIBLE, WILL ENDEAVOR TO ASSIST IN THE COLLECTION OF CLAIMS FOR DAMAGE DURING SHIPMENT. ALL CLAIMS FOR INCORRECT PRODUCT OR REPLACEMENT MUST BE MADE AND SETTLED PRIOR TO INSTALLATION.
WARRANTY - MANUFACTURER WARRANTS TO THE ORIGINAL PURCHASER THAT THE WALK-IN PANELS MANUFACTURED BY THIS COMPANY ARE FREE FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP UNDER CONDITIONS OF NORMAL USE AND SERVICE. THE OBLIGATION OF THE MANUFACTURER UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING AT THEIR OPTION FOB FACTORY, PANELS OF SAID WALK-IN WHICH PROVES DEFECTIVE WITHIN TEN YEARS FROM THE DATE OF PURCHASE. ALL HARDWARE CARRIES A ONE-YEAR WARRANTY.
INTERNET REFRIGERATION EQUIPMENT CARRIES A ONE-YEAR LIMITED PARTS AND LABOR WARRANTY. THE OBLIGATION OF THE MANUFACTURER UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING AT THEIR OPTION ANY PART OF SAID REFRIGERATION SYSTEM WHICH PROVES DEFECTIVE WITHIN ONE YEAR FROM THE DATE OF PURCHASE. ALL LABOR WARRANTY MUST BE APPROVED BEFORE PROCESSING TO KEEP FROM JEOPARDIZING WARRANTY COVERAGE.
THIS INTERNET SPECIFIC WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED AND DOES NOT APPLY TO EQUIPMENT WHICH HAS BEEN SUBJECT TO ANY ACCIDENT, ALTERATION, ABUSE, MISUSE, OR IMPROPER INSTALLATION. COOLSTRUCTURES COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. IN NO EVENT SHALL COOLSTRUCTURES COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY LOST PRODUCT OR LOST PROFITS OR REVENUES, WHETHER BREACH OF WARRANTY OR OTHERWISE.
MANUFACTURER SHALL NOT BE LIABLE FOR EXPENSES OR REPAIRS MADE OUTSIDE ITS FACTORY WARRANTY WITHOUT PRIOR WRITTEN AUTHORIZATION BY MANUFACTURER.
LOCAL CODES - MANUFACTURER DOES NOT ASSUME RESPONSIBILITY OR COSTS FOR FIELD CHANGES TO ITS PRODUCTS TO MEET LOCAL OR STATE CODES.
ORDERS - ALL ORDERS ARE SUBJECT TO ACCEPTANCE BY THE FACTORY. PRICES WILL BE AT PRICE IDENTIFIED AT TIME OF INTERNET CONFIRMATION. KEEP INTERNET CONFIRMATION FOR YOUR RECORDS.
DAMAGES - MANUFACTURER SHALL NOT BE LIABLE FOR DAMAGES, ACTUAL, LIQUIDATED, CONSEQUENTIAL OR OTHERWISE DUE TO DELAYS IN DELIVERY OR FAILURE TO MEET THE PROPOSED DELIVERY DATE.
RETURN OF MATERIALS - NO GOODS SHALL BE RETURNED WITHOUT MANUFACTURER'S PRIOR WRITTEN CONSENT.
CHOICE OF LAW/JURISDICTION - THE PARTIES HERETO AGREE THAT ANY LAWSUIT ARISING OUT OF ANY TRANSACTION THAT IS A PART OF THE COOLSTRUCTURES INC DISCOUNT DEALER PROGRAM WILL BE SUBJECT TO AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND SHALL BE BROUGHT IN THE JUDICIAL CIRCUIT OF FLORIDA, CHARLOTTE COUNTY.