Terms and Conditions (5-13-2009)
The following terms and conditions are automatically incorporated into every invoice, quotation, proposal, request for proposal and contract involving products sold or leased by DOITNOW, Inc. (dba Carrier Hawaii, herein after the “Company”) an independent distributor of products of Carrier Corporation. The prices quoted by the Company reflect and depend upon the applicability of these terms and conditions. The placing of an order, whether oral or written, or the acceptance of delivery, shall be deemed to constitute acceptance by the customer of these terms and conditions, regardless of any other terms or conditions including inconsistent or additional terms that may be embodied in any purchase order unless specifically accepted in writing by the Company.
Term Payment and Prices - All orders are subject to credit approval and the company reserves the right to require full or partial payment prior to delivery. Payment on all shipments is due 30 days from date of invoice (cash/check payment). Credit card payments will only be accepted at time merchandise leaves the Company’s warehouse or upon order. Invoices that have not been paid in full by the due date will be subject to a monthly finance charge of 1% per month. All quotations shall have no bearing on prices, which may be quoted on subsequent projects or jobs. Unless a written quotation specifically indicating that prices are firm shall have been issued by the Company and accepted by the customer within 30 days from the date of issue, all quoted prices shall be deemed estimates only and merchandise will be billed at prices in effect at time of shipment. All quotations automatically expire 30 days after issue. The customer will pay all costs of collection, including a reasonable attorney’s fee, in the event of non-payment by the customer any amounts due.
Taxes - Quoted prices do not include sales, use, gross receipts, excise or other city, county, state, federal and other taxes. Such taxes will be added to invoices and will be paid by the customer unless the customer provides the Company with an acceptable tax exemption certification.
Freight Terms and Risk of Loss – Unless otherwise agreed in writing by the parties, freight terms shall be F.O.B. factory or warehouse (as applicable). Thus, title and risk of loss will pass to the customer once merchandise leaves the factory or the Company’s warehouse. The Company shall not be liable for loss or damage to merchandise after delivery to the carrier. It shall be the responsibility of the customer to file claim with the carrier for any loss or damages in transit.
Force Majeure - The Company will at all times attempt to supply the best possible estimates of shipping and delivery dates, but the Company shall not be liable for delays or defaults in shipping merchandise pursuant if such delays or defaults are due to acts of God or the public enemy; acts of the government of the United States or any state or political subdivision thereof; fires, floods, explosion or other catastrophes; epidemics or quarantines; strikes, slowdowns or other labor trouble; freight embargoes; unusually severe weather; or other causes beyond the control and without the fault or negligence of the Company.
Errors - Stenographic, clerical, illustrations and specification errors contained in any quotations are subject to correction and modification.
Cancellation/Storage Fee – The customer has 30 calendar days from date of order to pick up items from the Company’s warehouse. Any items cancelled after 14 calendar days from date of order, will be subject to a 15% cancellation fee. Upon request, the Company may store items beyond 30 calendar days as long as payment is made in full along with a storage fee of 3% per month.
Returns - Merchandise may be returned if in saleable condition and only for credit, and in any event only in compliance with the following return policies; merchandise must be returned within 20 days after the date of delivery to the customer; all returned merchandise must be delivered to a point specified by the Company, with freight and other return costs prepaid by the customer; fabricated material, special orders, non-stocked items, and obsolete or damaged merchandise, may not be returned; and a 15% restocking charge will be assessed on all returned merchandise beyond 5 working days from date of invoice.
Specifications and Substitutions - The Company makes every effort to supply product and/or accessories to meet specifications. When the Company products are not called out by brand name, and substitutions are made, they are offered as an unsolicited alternate and without guarantee of acceptance by the specifying authority or ultimate end-user.
Supervision - No job or project supervision of any kind is expressed, implied or contracted for by the Company unless it is specifically called out and detailed by the Company.
Limitations on Warranties and Liabilities
(a) The Company shall ensure that the customer is eligible for the standard manufacturer’s warranty on every product sold. Complete information regarding this coverage is included with the product or is available from the Company upon request. The customer shall not be eligible for any warranty coverage, however, if the customer’s account is delinquent.
(b) THE FOREGOING WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Greater warranty protection may be available from the Company and/or Carrier Corporation, at extra cost, if requested by the customer. The customer is responsible for understanding and complying with any environmental laws and regulations applicable to the products sold.
(c) The customer’s remedies against the Company, if any, shall be limited to repair or replacement of any defective or non-conforming products. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING IN CONNECTION WITH THE USE, MISUSE OR INABILITY TO USE ANY PRODUCT. The exclusions apply regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. Should the Company nevertheless be found liable for any damages, they shall be limited to the price of the products purchased.