Terms of Service
Please read these Terms of Service carefully before using our platform. By accessing or using our services, you agree to comply with the rules, guidelines, and policies outlined here. These terms define your rights, responsibilities, and limitations while using our services.
TERMS AND CONDITIONS FOR WEBSITE CUSTOMERS
THIS TERMS AND CONDITIONS FOR WEBSITE CUSTOMERS (“Terms and Conditions”) contain the terms and conditions that apply to all purchases and Purchasers of products from Company’s website. By purchasing products from Company’s website, Purchaser agrees to be bound by these Terms and Conditions.
1. TERMS. Sales made by Company are made subject to these Terms and Conditions, which shall prevail over any inconsistent terms of Purchaser’s purchase order or other documents. No terms and conditions in any way altering or modifying these Terms and Conditions shall be binding upon Company unless they are specifically authorized in writing by Company. Pursuant to Section 2-207 of the Uniform Commercial Code, Company objects to any terms and conditions in addition to or different from these Terms and Conditions which may be contained in any writing issued by Purchaser. These terms are the final, complete and exclusive statement of all the Terms and Conditions of Purchaser’s account with Company and the sale of goods by Company to Purchaser.
2. DELIVERY. Shipment of goods by Company are made F.O.B. point of shipment and all goods are shipped at Purchaser's risk. Title and risk of loss passes to Purchaser upon delivery to the point of delivery per applicable shipping terms. Purchaser shall pay all insurance costs associated with delivery. All freight and transportation claims are the responsibility of Purchaser. Company shall not be liable to Purchaser for goods that are damaged or lost while in the possession of a common carrier, and it will be Purchaser’s responsibility to recover any and all damage directly from the common carrier.
3. DELAYS IN SHIPMENT.Company will use commercially reasonable efforts to ensure timely delivery. Delay in shipment shall not relieve Purchaser of its obligation to accept remaining shipments. In no event shall Purchaser be entitled to liquidated, delay or consequential damages as a remedy for any delay in delivery.
4. ACCEPTANCE. Purchaser must report claims for defects, shortages or other discrepancies in writing immediately upon discovery, but in no event later than ten (10) days after delivery of the goods which are sold by Company to Purchaser or Purchaser shall be deemed to have irrevocably accepted the goods and such claims shall be deemed waived. Company’ sole responsibility for defective goods shall be to replace the defective goods provided that Company is able to obtain replacement from the manufacturer of the goods. Company shall not be responsible for reimbursement of any contractor fees or other costs incurred by Purchaser to replace the defective goods, shortages or other discrepancies. Purchaser shall have no right to set off amounts due with respect to one transaction for claims under any other transaction with Company.
5. RETURNS. All returns are subject to a twenty (20%) percent restocking fee on all material, supplies and equipment returned for credit. All returns must be in the original cartons or packaging in new, resalable condition. Special order items are considered billable at time of order and are non-returnable.
6. WARRANTY. Company does not manufacture goods, nor does Company provide any warranty for any goods. The goods sold by Company to Purchaser are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Purchaser by the manufacturer of such goods. ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF DAMAGES. COMPANY’S LIABILITY HEREUNDER, AND PURCHASER’S EXCLUSIVE REMEDIES HEREUNDER, EITHER IN CONTRACT OR IN TORT OR PURSUANT TO STATUTE, ARE EXPRESSLY LIMITED TO THE GIVING OF CREDIT OR REPLACEMENT OF GOODS. PURCHASER MUST GIVE COMPANY WRITTEN NOTICE IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS. COMPANY MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE DEFECTIVE GOODS. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED, OR FAILURE TO ALLOW COMPANY TO INSPECT THE DEFECTIVE GOODS SHALL CONSTITUTE A WAIVER OF ALL CLAIMS AGAINST COMPANY. COMPANY’S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT OF GOODS IS LIMITED TO THE EXTENT THAT COMPANY IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE MANUFACTURER OF SUCH GOODS AND PURCHASER COMPLYING WITH ALL REQUIREMENTS OF THE MANUFACTURER OF SUCH GOODS FOR SUBMISSION OF WARRANTY CLAIMS. PURCHASER AND COMPANY AGREE THAT COMPANY SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION, OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN PURCHASER AND COMPANY, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING OUT OF PURCHASER’S PURCHASE, USE OR SALE OF GOODS SOLD BY COMPANY TO PURCHASER, PURCHASER’S EXCLUSIVE REMEDY SHALL BE AGAINST THE MANUFACTURER OF THE GOODS SOLD PURSUANT TO THE TERMS OF THE MANUFACTURER’S WARRANTY.
8. ALL SALES ARE “AS-IS”.The sale of all goods and equipment on this Website are provided on an “As-Is” and “As Available” basis.
9. DELAYS; FORCE MAJEURE. Company shall be not be liable for delays in delivery of the goods or related services or failure to deliver the goods or related services caused, in whole or in part, by inability to obtain transportation, equipment, or material, fires, floods, storms, embargoes, insurrection, action of any military or civil authorities, whether legal or de facto, strikes, labor difficulties (including strikes or labor troubles affecting any suppliers of Company), lockouts, acts of terrorism, acts of God, pandemic, or other similar or different circumstances beyond the control of Company. Impossibility of performance by reason of any legislative, executive or judicial act of any governmental authority shall excuse performance of or delay in performance by Company.
10. INDEMNITY.Purchaser agrees to indemnify, defend and hold harmless Company: (1) from and against any and all liability for any and all claims for injury, loss, accident or damage to person or property, including death resulting from Purchaser’s use or installation of the goods purchased by Purchaser from Company (SEE EPA SECTION 608 NOTICE TO HOMEOWNERS); and (2) from any and all claims, losses, expenses, damages or other costs which Company might incur, resulting from Purchaser’s use or installation of the goods purchased by Purchaser from Company (SEE EPA SECTION 608 NOTICE TO HOMEOWNERS); and (3) with respect to goods manufactured either in whole or in part from Purchaser specifications, Purchaser agrees to protect and indemnify Company against all claims for damages arising from alleged infringements to patents, designs, copyrights or trademarks.
11. CHOICE OF LAW/FORUM. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. For any and all lawsuits or legal proceedings between Company and Purchaser to enforce these Terms and Conditions, or for any other reason, Purchaser hereby consents to the exclusive jurisdiction of the federal courts in Philadelphia County, Commonwealth of Pennsylvania, and state courts in Montgomery County, Commonwealth of Pennsylvania.
COMPANY AND PURCHASER WAIVE TRIAL BY JURY IN ANY AND ALL LAWSUITS OR LEGAL PROCEEDINGS. PURCHASER WAIVES ANY OBJECTION TO JURISDICTION AND/OR VENUE OF ANY ACTION INSTITUTED HEREUNDER AND AGREES NOT TO ASSERT ANY DEFENSE BASED ON LACK OF JURISDICTION OR VENUE.
12. WAIVER.A waiver by Company of any breach byPurchaser of the provisions of these Terms and Conditions shall not constitute a waiver by Company of any other breach of these Terms and Conditions by Purchaser.
13. INVALID PROVISIONS. If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective only to the extent of such invalidity or unenforceability, and such prohibition or unenforceability shall not invalidate any other provision.
14. AMENDMENT.Company reserves the right at any time to amend these Terms and Conditions.
15. ASSIGNMENT. Purchaser may not assign these Terms and Conditions or any of its rights or obligations hereunder without Company’s prior written consent.
16. MISCELLANEOUS. These Terms and Conditions constitute the entire agreement between Company and Purchaser with regard to the subject matter hereof and there are no prior agreements, understanding, restrictions, warranties or representations between Company and Purchaser other than as set forth herein.
EPA SECTION 608 NOTICE TO HOMEOWNERS
ALL HVAC EQUIPMENT MUST BE INSTALLED BY A LICENSED CONTRACTOR CERTIFIED BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER SECTION 608 OF THE FEDERAL CLEAN AIR ACT, 42 UNITED STATES CODE SECTION 7671g.
UNLESS YOU HAVE OBTAINED THE REQUIRED CERTIFICATION, YOU SHOULD NOT ATTEMPT TO INSTALL ANY HVAC EQUIPMENT YOURSELF.
INSTALLATION OF HVAC EQUIPMENT BY UNCERTIFIED AND UNLICENSED PERSONS MAY RESULT IN PERSONAL INJURY, PROPERTY DAMAGE, AND/OR DAMAGE TO THE HVAC EQUIPMENT.
INSTALLATION OF HVAC EQUIPMENT BY UNCERTIFIED AND UNLICENSED INDIVIDUALS MAY ALSO RESULT IN THE LOSS OF ALL WARRANTIES FOR THE HVAC EQUIPMENT.
PURCHASER HEREBY ACKNOWLEDGES THAT FEDERAL LAW PROHIBITS OPENING THE REFRIGERATION LINES OF ANY HVAC EQUIPMENT. A CERTIFIED AND LICENSED PERSON MUST HANDLE THE REFRIGERANT CONTAINED IN ANY HVAC EQUIPMENT.
PURCHASER HEREBY ASSUMES FULL RESPONSIBILITY FOR THE PROPER INSTALLATION OF ANY HVAC EQUIPMENT PURCHASED FROM THIS WEBSITE IN ACCORDANCE WITH MANUFACTURERS INSTALLATION INSTRUCTIONS AND SAFETY GUIDELINES AND IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL BUILDING, ELECTRICAL AND MECHANICAL CODE REQUIREMENTS AND LAWS.
PURHASER AGREES THAT PURSHASER SHALL NOT HOLD COMPANY RESPONSIBLE FOR ANY LIABILITY FOR DAMAGES ARISING OUT OF IMPROPER USE OR IMPROPER INSTALLATION OF HVAC EQUIPMENT PURCHASED ON THIS WEBSITE. PURCHASER SHALL INDEMNIFY COMPANY FOR ANY AND ALL SUCH CLAIMS PURSUANT TO SECTION 10 OF THE TERMS AND CONDITIONS FOR WEBSITE CUSTOMERS.