(Please read before
doing business with us) Seller and Buyer (each of them: a "party" or
collectively: the "parties") agree that the terms and conditions set
forth herein (“Agreement”) shall, as of the date of the Acceptance (the
“Effective Date”), apply to all of Buyer’s current and future purchases of
goods (“Goods”) and provision of Services (“Services”) by Seller.
1. PRICE
The prices of the Goods purchased from Seller and/or Services provided by
Seller shall be set forth in Seller’s estimate(s), sales order(s), or
invoice(s) or acceptance of Buyer’s purchase order(s) or by any other means
that Seller may from time to time utilize. Orders are firm and not subject to
cancellation or revision except by written consent of Seller. Buyer is
responsible for cancellation charges
2. PAYMENT
TERMS
Except
as provided below, all invoices shall be due and payable according to the terms
stated on Seller’s invoice. If Buyer fails to pay for any Goods or Services on
these terms or reasonable grounds for insecurity otherwise arise, Seller shall
have the right to revoke any credit Buyer has and/or suspend further shipments
of goods or provision of services until receipt of adequate assurance of
Buyer's performance in accordance herewith. If Seller ceases to extend credit,
payment shall be, at Seller's option, upon cash terms or any type of secured
transaction specifically approved in writing by Seller. All amounts not paid on
these terms shall bear a compound interest at the rate of ten percent (10%) per
month. Buyer shall make payment of all amounts on these terms without deduction
or setoff for any reason whatsoever and without Seller being compelled to take
action to collect such amounts. Buyer agree to No charge back on credit card
purchases of Goods sold by Seller through Buyers bank under any circumstance.
Buyer shall, upon demand, reimburse Seller for all collection expenses,
including but not limited to reasonable attorney's fees and court costs. Buyer
agree to that if Goods fails to perform due to Services rendered, Buyer will
honour agreement and remit payment as per payment terms
3. DELIVERY
AND SERVICES TERMS
Buyer
shall allow up to 21 working days for the delivery of Goods and Installation
Services although the delivery of Goods and Installation Services are typically
carried out within 1-3 working days of payment Seller will use all reasonable
efforts to meet Delivery Terms; provided, however, that Seller's performance
shall be excused upon and during continuation of any event, condition or
occurrence beyond Seller’s reasonable control, including but not limited to
increase in sales during a sales/promotion, peak seasons, changes in the scope
of work, buyer, special order or unforeseen Services encumbrances, fire, rain,
storm, acts of God, civil insurrection, industry wide shortages, labour
disturbances and lack of transportation services this will not constitute as
breach of contract; Seller reserves the right to make delivery in instalments.
All such instalment’s shall be separately invoiced and paid for on terms,
without regard to subsequent deliveries. Delay in delivery of any instalment
shall not relieve Buyer of its obligation to accept remaining deliveries. Buyer
agree not to hold Seller liable for any loss, damages whatsoever, arising from
any late are non-delivery of Goods.
4. RISK
OF LOSS
Title
and risk of loss to the Goods shall pass to Buyer upon delivery to the Buyer or
to the Buyer location. 5. Warranties: Seller represents and warrants that, when
delivered, the Goods will: (a) conform, in all material respects, to the
written specifications for the Goods supplied and delivered by Seller to Buyer
and (b) be free of defects in material and workmanship. The coverage,
conditions, limitations and duration of this warranty is as per content of the
warranty document supplied with Goods and starts from the date of delivery.
Defects that fall within customary trade tolerances are not grounds for
rejection of the Goods or a breach of warranty. Seller offer No warranty on
transportation, calcium /lime scale blockages, specialty filters, circuit
boards, remotes, serviceable parts/moving parts and batteries. Seller
specifically makes no guarantees under any ordinance, rule, order, or any
similar legal requirement. Buyer agree and accept warranty, its limitations,
terms and conditions
5. PROVISION
OF SERVICES
Seller
may also provide Services to assist with the installation of Goods purchase in
accordance with the instructions provided by Seller. Buyer is aware and accepts
that the Services is done by others and is offered independent of the Goods
sold even when the Services cost is included in the price of Goods sold and
that the Liability of the Seller shall be limited to the fulfilment of that
Service and agrees to hold the Seller harmless and shall never be liable for
any issues, losses or damages howsoever cause arising from Services be it for
direct or indirect, costs and interest shall be expressly excluded. Buyer is
aware and accepts that no masonry, custom work, building, roofing, plumbing,
electrical, repainting, landscaping work of any kind is included in Services
unless otherwise specified in writing. Buyer is aware and accepts that any
changes require to Goods and Services will be subject to additional cost.
6. GENERAL
CONDITION
Buyer
is aware and accept the responsibility as Buyer’s to Service or to request
Service on Goods sold at least four (4) times per year whether stated or
unstated at the time of sale and agree not to hold Seller liable for any loss
or damages that may occur relating to lack of Service. Installation for Goods
(Air Conditioners) includes standard back to back and twelve (12) feet high
Service only unless otherwise specified. Installation of all Goods is standard.
Please ensure our standard meets your requirement. Installation of Goods in
some cases will require mounting hardware. No mounting hardware of any kind
included with cost of Goods unless otherwise specified. Service comprises of
one installation only and is done weekly on working days Monday thru to Friday.
Transportation comprises of one journey and/or one delivery only and is done
weekly on working days Monday thru to Friday. Seller from time to time at its
discretion may render Services on Saturdays and Sundays. No Refund, No
Cancellation and All Sales are Final on items sold on Clearance Sale, as
Discounted Goods, on Promotion Sale, or any type of Sale and or Promotion. No
refund on correct Goods sold whether delivered or undelivered. No refund on
Goods after seven (7) days of purchase. No return of Goods after three (3) days
from delivery. No return on Goods not in its original packaging. Buyer is aware
and accepts that Cash Price Promotions when paid for using credit cards that
the Price of Item and or the Purchase Order, Estimate, Sales Order or Invoice
subtotal amount will automatically be increased by 4.5% whether stated or
unstated. No cash refund. Cheque only. Transportation and Services charges is
on all installation whether stated or unstated. No refund on transportation,
installation, installation items and on Services after Services or
fully/partially rendered and/or cancel upon arrival by Buyer. Return
transportation and de-installation Services charge will apply and will be
debited from cost of Goods in event of a Refund if Goods is delivered and/or
Services already rendered. Restocking/Administrative fee of 20% will be charge
on all cancelled order if there is no breach of contract. Where payment is made
using a card and a Refund is granted card processing fee will be deducted from
the Refund. Buyers agree to No Charge Back on any Card purchases by issuer and
where this is done will be liable to Seller for losses. Buyer by doing business
with us accepts the terms and conditions of our Refund Policy and any revised
version that may follow. Please read our Refund Policy before doing business
with us and be made aware that this policy may be revised from time to time. No
Refund, No Return on any promotional or sale items, pre-order items, customize
or special-order Goods under any circumstances be it delivered or undelivered,
partially paid or paid in full, whether stated or unstated. (Solar Power PV
System) is an example of such Goods. Buyers accept and understand that no
Pre-Order Sale will be Refunded regardless of any delay in the delivery of
Goods and Services as Buyer and Seller are partners and shares all the risk and
delays that Seller might encounter in filling Pre-Order. Buyer agrees to grant
free access to Seller to remedy Goods failure. Buyer agrees to grant free
access to Seller to remove Goods from location where balance are outstanding
over two (2) month following delivery of Goods and/or Services; Goods will be
resold as used at a fair market price and sales proceeds will be used to recoup
complete cost of Goods, Services and interest; remaining proceed will be paid
over to Buyer. Buyer accepts General Information, Shipping and Delivery, Return
and Privacy Policies.
7. DISCLAIMER
OF WARRANTIES
THE
FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED.THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE EXPRESSLY DISCLAIMED.
8. LIMITATION
OF REMEDIES
Buyer's
sole and exclusive remedy for any defects in Goods sold or Services provided
hereunder, whether Buyer's claim arises by virtue of the warranty set forth
within warranty document or otherwise, shall be limited to the repair or
replacement (at Seller's option) of such Goods and/or Services. Claims for shortages
must be made within three (3) working days after Buyer's signed receipt of the
Goods. If, within the warranty period, Buyer believes any Goods are defective,
Buyer must promptly notify Seller in writing of the nature of the defect. Goods
may not be returned to Seller if the Goods is not Service by an authorize
agent, without Buyer first obtaining a return authorization information and
transportation instructions from Seller. If the Goods are finally determined to
be defective, Seller will pay the transportation costs to and from its
location. If the Goods are finally determined not to be defective, Buyer will
pay such transportation costs. If the Goods are defective and Seller is unable
to repair the Goods to conform to the warranty, Seller will, at its option,
either refund the purchase price of the defective Goods or provide a
replacement product which conforms to the warranty. Some Goods sold by Seller
will require a lead time of up to one (1) year to obtain coverage under
warranty from Goods manufacturer no substitute will be provided by Seller
during such time as it may require obtaining remedy. IN NO EVENT SHALL SELLER
BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DOWNTIME,
PROPERTY DAMAGE, LOSS OF GOODWILL OR ANY ECONOMIC DAMAGES OR LOSS OF ANY KIND,
WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE (ALL OF THE FOREGOING IS REFERRED TO AS
"EXCLUDED DAMAGES") ARISING OUT OF GOODS OR PROVISION OF SERVICES.
THE PARTIES ACKNOWLEDGE THAT THE GOODS ARE NOT SO UNIQUE OR THE CIRCUMSTANCES
SUCH THAT EITHER PARTY SHALL BE ENTITLED TO THE REMEDY OF SPECIFIC PERFORMANCE.
IF BUYER IS DISSATISFIED WITH ANY GOODS OR SERVICES, OR WITH ANY OF THESE
TERMS, BUYER’S SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE AGREEMENT AND
RETURN THE GOODS FOR A REFUND UNDER THE TERMS OF OUR REFUND POLICY.
9. SELLER’S
AGENT
BUYER
ACKNOWLEDGES THAT IT HAS BEEN ADVISED THAT NO AGENT, EMPLOYEE, OR
REPRESENTATIVE OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION,
PROMISE, REPRESENTATION, OR WARRANTY CONCERNING ANY OF THE GOODS OR SERVICES,
AND, UNLESS SUCH AFFIRMATION, PROMISE, REPRESENTATION, OR WARRANTY IS
SPECIFICALLY SET FORTH IN THIS AGREEMENT, IT DOES NOT FORM A BASIS OF THIS
BARGAIN AND SHALL NOT BE ENFORCEABLE AGAINST SELLER.
10. GOVERNING
LAW
This
Agreement will be governed by and construed in accordance with the domestic
laws of Jamaica.
11. ARBITRATION
In
the event of any dispute, claim, question, or disagreement arising from or
relating to this Agreement or the breach thereof, the parties agree to use all
reasonable efforts to settle the dispute, claim, question, or disagreement. To
this effect, they agree to consult and negotiate with each other firstly in
good faith and, recognizing their mutual interests, attempt to reach a just and
equitable solution satisfactory to both parties allowing a period of up to one
year (365) days for the solution and implementation of remedy. If they do not
reach such solution within a period of one-year (365) days, then the parties
agree to endeavour first (and before resorting to arbitration) to settle the
dispute by mediation administered by the Consumers Affairs Commission
("CAC"). Any controversy or claim arising from or relating to this
Agreement or breach thereof not resolved by mediation within sixty (60) days
will be settled by arbitration. Buyer agrees that all disputes if should go to
court, suit must be filed in the court’s offices within Kingston and St.
Andrew.
12. TIME
FOR BRINGING ACTION
Any
action related to this agreement must commence within one year after cause of
action accrued.
13. ASSIGNMENT;
SUCCESSOR; BINDING AGREEMENT
Buyer
may not assign, pledge or encumber its interest in this Agreement or any part
thereof and may not delegate its duties hereunder. Seller may freely assign its
rights and obligations under this Agreement without permission from Buyer. This
Agreement shall be binding on and inure to the benefit of Seller's successors
and assigns.
14. NO
WAIVER OR FORBEARANCE OF BREACH
The
waiver by any party of the breach of any provision of this Agreement shall not
be deemed to be a waiver of any subsequent breach. Forbearance of any breach of
this Agreement shall not constitute acceptance or approval of that breach or of
any future breach, nor shall it prejudice Seller's right to action in response
to any breach.
15. MODIFICATION
No
provision of this Terms and Conditions may be modified, waived or discharged
unless such waiver, modification or discharge is agreed to by Buyer.
16. SEVERABILITY
The
invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement,
which shall remain in full force and effect. Furthermore, the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
17. ENTIRE
AGREEMENT
This
Agreement constitutes the entire agreement between the parties and supersedes
any prior proposals, negotiations, understandings, agreements or
representations to the extent they relate in any way to the subject matter
hereof.
CONTACTING US
Didn't find what you were looking for, or just have a
suggestion? Contact us using the information below.
Carisol Group Int'l
38 Cassia Park Road, Kingston 10.
Jamaica W.I.
info@carisol.org
1-876-373-3157, 925-2783
(Mon-Fri: 8:30AM – 5:00PM and Sat 9:00AM
- 2:00PM EST)