TERMS AND CONDITIONS
(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.
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 21working 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. Buyer 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. Buyer 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.
7.1 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.
7.2 Product Representation Disclaimer:
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 to obtain 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.
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 courts 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.
No provision of this Terms and Conditions may be modified, waived or discharged unless such waiver, modification or discharge is agreed to by Buyer.
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.
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