TEC TERMS, CONDITIONS, WARRANTY, AND LIMITED LIABILITY
I. PURCHASER RESPONSIBILITIES
COMPLIANCE WITH GOVERNING AUTHORITIES With each sale, a TEC representative will be available to supervise erection and can train in plant operation. (Consult factory for charges regarding training). However, it will be the customer’s responsibility to acquire any permits, licensing or certification, that may be needed by local, state, or municipal government and/or organizations on design and strength of footers, anchor bolts, shims, and grout.
INTALLING EQUIPMENT It will also be the responsibility of the purchaser to contact crane operators to unload trucks and erect plants.
UTILITIES Some TEC plants are entirely pre-wired and pre-plumbed. However, the customer is responsible for having water and electrical sources brought to the plant. The customer will also be required to contact certified scale servicemen to calibrate and certify the scale systems. (TEC can provide calibration and certification services. Consult factory for charges regarding calibration and certification.)
II. LIMITED WARRANTY AND LIMITATION OF LIABILITY
WARRANTY POLICY TEC warrants products that it manufactures to be free of material defects in materials and workmanship if properly installed, maintained and operated under normal conditions for three months from the date of shipment from TEC’ facility. This warranty does not apply to products that are expendable or consumable, products that have been modified without TEC’ prior written authorization, products that the customer has re-sold to others, or products that deteriorate or fail due to normal wear and tear or due to damage or improper storage during shipment or while in the purchaser’s possession prior to installation and operation. This warranty does not apply to any products that are not properly installed, operated and maintained according to TEC’ drawings, specification, instructions and manuals. Purchaser must notify TEC in writing of any alleged defect within seven (7) business days of the discovery of the alleged defect. TEC will not accept the return of any product without its prior authorization. If TEC authorizes the return of the allegedly defective product, purchaser must return the product at purchaser’s sole expense to TEC’s facility in Canóvanas, Puerto Rico within thirty (30) days of the date of TEC’s authorization. If TEC determines, in its sole discretion, that the product is defective, it will, at its option, either repair or replace the product at no charge to purchaser. TEC will ship the repaired or replaced product to purchaser at purchaser’s sole expense, and purchaser shall pay all charges and expenses associated with the installation of the repaired or replaced product. THIS RIGHT OF RETURN OR REPLACEMENT IS PURCHASER’S EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO DEFECTIVE GOODS MANUFACTURED BY TEC. OTHER THAN THE LIMITED WARRANTY AND EXCLUSIVE RIGHT AND REMEDY SET OUT IN THIS PARAGRAPH, TEC DOES NOT MAKE ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR RESULTS TO BE DERIVED FROM USE OF THE PRODUCT, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
THIRD PARTY PRODUCTS Products manufactured by others are sold with only such warranties as may be extended by the manufacturer of the product. TEC MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO PRODUCTS MANUFACTURED BY OTHERS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR RESULTS TO BE DERIVED FROM USE OF THE PRODUCT, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. Any claims relating to alleged defects in products manufactured by others should be directed to the manufacturer.
THIRD PARTY CHANGES/ MODIFICATIONS TO EQUIPMENT TEC shall not be responsible or liable for any corrective or other work, or expenditures of any kind, that have not been authorized by TEC in writing before the commencement of such work or prior to committing to such expenditures. Service calls, when requested and where TEC has determined there is no defect in materials or workmanship, will be at the sole expense of purchaser.
RESALE OF TEC PRODUCTS All warranty is voided if the product is resold to a second or subsequent owner.
OTHER IN NO EVENT SHALL TEC HAVE ANY OTHER OBLIGATIONS OR LIABILITY TO PURCHASER INCLUDING ANY LIABILITY FOR ANY CLAIM FOR NEGLIGENCE OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LABOR, DOWN TIME OR ANY OTHER DAMAGES WHATSOEVER
III. TERMS AND CONDITIONS
These terms apply for all equipment sold by TEC and/or representatives thereof, in the U.S.A.
ORDERS INVOICED UNDER $ 300,000.00 A 30% materials deposit to be paid with order. 60% of invoice due on scheduled completion date of equipment or delivery of equipment, whichever comes first. Final 10% net 30 days. 1% finance charge will be added per month. Material deposits are nonrefundable.
ORDERS INVOICED OVER $ 300,000.00 A 30% materials deposit to be paid with the order. A second 30% payment when construction begins another 30% will be due on scheduled completion date or delivery whichever comes first. Final 10% net 30 days. 1% finance charge will be added per month. Material deposits are nonrefundable.
STORAGE FEE We reserve the right to charge a storage fee on any job not ready to ship due to purchaser’s delay after completion this will help to cover touch up cost and any damages. After 2 months of storage a 1% fee will be charged each month equipment is stored.
MATERIAL SURCHARGE TEC reserves the right to ask for steel surcharges on any job that is not under construction.
PAINT Standard colors are white and grey. All are industrial enamel with rust inhibitive primer (no lead). It has been our experience that light colors will not cover well without multiple coats. There will be a 2% surcharge to the list price on any and all equipment that requires any color in lieu of our (2) standard colors. For special paint (epoxy) consult factory.
SAFETY EQUIPMENT TEC does not claim all equipment to be Osha Approved. We will quote specific Osha equipment when asked and given detailed instructions on what the customer wants or requires. Safety engineering is an important aspect of all TEC products. However, compliance with safety standards including OSHA or other federal, state and local codes or regulations is the responsibility of the user. Placement of guards and other safety equipment is often dependent upon the area and the use to which equipment is put, and if required, additional guards, warning signs, or other safety devices should be installed by the user wherever appropriate, before operating the machine.
DELIVERIES Delivery dates are estimates that are subject to change if several orders and deposits by the same purchaser are received at once. Deliveries will be delayed if deposits are late, or if full details on plant layout, color and voltage are not supplied with deposit. Deliveries may also be delayed if prints are not approved and returned to TEC with the second 30% payment. Deliveries may be delayed by circumstances beyond our control (act of God, war, strikes, delays from vendors, etc.)
SHIPPING/ FREIGHT Purchaser is responsible for transport/ shipping/ freight expenses involved in transporting equipment from TEC’s factory at Canóvanas, Puerto Rico to client’s final destination.
IV. DISPUTE RESOLUTION
ATTORNEYS’ FEES; EXPENSES. TEC may hire or pay others to help collect any and all amounts due if Purchaser does not pay on time. Purchaser will pay TEC for all collection costs incurred. This includes, subject to any limits under applicable law, TEC’s reasonable attorneys’ fees and TEC’s legal expenses whether or not there is a lawsuit, including reasonable attorneys’ fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Purchaser also will pay any court costs, in addition to all other sums provided by law.
CONSENT TO JURISDICTION; CHOICE OF LAW. Should any dispute arise between TEC, and the purchaser of any product manufactured or sold by TEC, then in that event by purchasing goods from TEC, purchaser and its successors and assigns hereby expressly consent to the exclusive jurisdiction of the Carolina Judicial Region Court, to resolve any such issues. All such disputes will be governed by the laws of the Commonwealth of Puerto Rico without regard to its principles regarding choice of law.