TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE Any order for the purchase of products from Avantechs Inc. (the Seller) shall be subject to the terms and conditions set forth herein. The Buyer understands and agrees that these terms and conditions shall apply to all orders placed at any time by the Buyer including any after the order with respect to which these terms and conditions were first delivered to the Buyer.
2. TITLE, RISK OF LOSS, PRICES Terms of delivery are F.O.B. point of shipment as designated by the Seller. Risk of loss and title shall pass to the Buyer upon delivery of the products to the Buyer or carrier, as the case may be. Unless specifically otherwise set forth, prices do not include the cost of freight, which is for the Buyer’s account, or costs or charges for insurance or any production, sales, use transfer, transportation, excise or other tax, tariffs, or custom duties, and the Buyer will pay directly or be charged by the Seller for all such costs and/or charges in addition to the price(s) of the products supplied hereunder and the Buyer shall be obligated to pay such charges and costs on the same terms as apply to payment of the price(s) hereunder. Loss or damage in transit: Our responsibility ceases with delivery to the carrier, at which time title passes to the purchaser and all claims for loss, damage or delay must be made to the carrier by the purchaser (FOB: Shipping Point).
3. TERMS OF PAYMENT Unless otherwise agreed to in writing, all net invoices are due on receipt. Overdue accounts will be assessed a finance charge of 1.5% per month on all accounts over thirty (30) days. Any fees or costs required to collect outstanding accounts shall be added to the finance charge.
4. TAXES: Unless otherwise noted, prices shown do NOT include sales or other taxes imposed on the sale of goods. It is the Buyers sole responsibility to comply with any and all local, state and Federal regulations regarding taxes.
5. REMEDIES The Seller reserves the right, at Seller’s option, to cancel or delay product delivery (all quoted delivery time frames are approximations and may differ based on current work load) the order without liability to the Buyer, suspend work on the order and/or future orders and/or withhold delivery of all or part of the products subject hereto, in all sales without prejudice to any other legal or equitable remedy, until past due amounts are paid to the Seller. The Seller retains a security interest in all goods delivered under this order to secure payment of amounts due in respect thereof. Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including, without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
6. CANCELLATION Buyer may not cancel any order without Seller’s prior written approval and will be subject to charges for expenses incurred and work executed by Seller or our suppliers. If the Buyer cancels or modifies an order after acceptance by the Seller without the Seller’s written consent, the Buyer agrees to compensate the Seller for costs and any loss of profits that the Seller may suffer as a result.
7. INSPECTIONS, RETURNS AND SHORTAGES The Buyer agrees to inspect product(s) delivered by, or for the Seller, within eight (8) days after delivery thereof to the Buyer’s facility, and all product(s) delivered shall be conclusively deemed accepted and to conform to contract requirements unless notice of non-conformity is given in writing within such eight (8) day period. Any shortages must be reported within two (2) days of receipt of the product. No returns will be accepted, and no refunds will be issued under any circumstances after the product(s) is shipped to the Buyer except for the above mentioned non-conformity, shortages or due to material warranty or defect issues.
8. WARRANTY Avantechs Inc (Avantechs/Seller) will warranty its products against defects in workmanship and materials for a period of one (1) year from date of shipment. Avantechs agrees, at its option, to repair or replace any parts that are defective in material or workmanship, providing Avantechs receives notification in writing of such defects accompanied by digital images. The Buyer must also make available all non-conforming parts for inspection by Avantechs. Coverage will not apply to any parts that have, in the opinion of Avantechs, been abused, altered or improperly installed, or any items which have been damaged through negligence or accident, or those items that have special/custom coating such as “chrome”. VorBlade product is designed to be installed on approved flat surfaces only and as such; Avantechs is not responsible for improper installation procedures as well as installation on non-approved surfaces including but not limited to rubber fairings, rough fiberglass surfaces, any flexible or non-flat surfaces etc. Avantechs is not responsible for damages which might result due to impact of trailer doors against the VorBlade Wing System. It is the sole responsibility of the buyer to establish compatibility of VorBlade product with the vehicle or equipment that is being outfitted and to ensure usage safety. VorBlade product might not be suitable or compliant with all regulations for some of vehicles or equipment. Avantechs is not responsible for any damage to the buyer’s vehicle or equipment due to installation and/or use of the VorBlade product. Avantechs is not responsible for any defect in workmanship and material beyond the warranty period.
Avantechs assumes responsibility for defective parts only to the extent of the actual invoice value of parts supplied by Avantechs or part thereof, and assumes no responsibility for additional labor, shipping costs, damage or delays as a result of such defective parts. In no event will Avantechs be liable for any loss of income, loss of profits, or consequential, incidental or indirect damages resulting from any breach, default or delay of performance by the Seller under this warranty. Avantechs will not support any warranty claims made by third parties unless agreed to in writing.
9. ADDITIONAL EXCLUSIONS: This warranty does not extend to parts affected or damaged by accident and/or collision, normal wear, acts of god, chemical contamination, use in an application for which the product was not designed (VorBlade product is not intended for any other use other than aerodynamic device. ) or any other misuse (including but not limited to use as a ladder, hanger, bracket, etc.), neglect, incorporation or use of unsuitable attachments or parts, unauthorized alteration or any causes other than defects in material or workmanship of the product. Warranty does not cover damage as the result of improper installation of the product or damage caused by removal of the product.
Avantechs does not guarantee that hardware provided will be sufficient for all vehicle and equipment types. In some cases additional hardware may be necessary for installation of the product. In such cases it is the buyers’ sole responsibility to determine which hardware is necessary and acquire such hardware. Avantechs shall not be in any way responsible for such acquisitions and/or any additional charges.
10. DISCLAIMER OF CONSEQUENTIAL DAMAGE & LIMITATION OF IMPLIED WARRANTIES: Avantechs disclaims any responsibility for loss of time or use of the product, transportation, commercial loss, or any other incidental or consequential damage. Any implied warranties are limited to the duration of this one year written limited warranty.
Avantechs is not responsible for traumas, injuries or fatalities that may occurred during the installation due to the use of unstable, slippery or otherwise inappropriate platform, unskillful or otherwise inappropriate use of installation tools, violation of safety instructions for the applied manual or powered tools, or other violations of the standard safety rules and instructions.
Modification of the installation pattern may result in the VorBlade product being torn from a trailer or tractor which in turn may lead to serious or fatal crushing injuries. Neglecting specified installation procedures may reduce structural strength and durability of the VorBlade product and result in water leaks into a trailer. Avantechs, Inc. takes no responsibility for installation procedures different from the ones specifically provided further any deviations from the specified procedures may void product warranty provided for the VorBlade products.
Avantechs disclaims any responsibility for the actual performance of the product. Actual performance and percentage of savings relies on various factors including but not limited to: vehicle weight, outside weather and temperature, road conditions, vehicle aerodynamic characteristics, type of tires used, type of engine and transmission, altitude, direction of cross winds, and human factor. Therefore, Avantechs shall not be responsible for any and all numbers posted on the website or any other advertisement materials, as they are used for illustration purposes only, and were derived on our test conditions.
11. INTELLECTUAL PROPERTY The Buyer acknowledges that the Seller has patent(s) and/or patent(s) pending covering certain parts, components and/or methods of processing purchased hereunder.
12. GOVERNING LAW The rights and obligations of the parties hereto and the construction and effect of any contract formed pursuant hereto shall be governed by the laws of the State of Colorado, USA.
13. PRICES: Unless otherwise quoted, all prices are quoted for product only without shipping and taxes.
14. ATTORNEY’S FEES : If Seller seeks to enforce any of the terms hereof due to Buyer’s breach; Buyer shall pay Seller’s reasonable attorney’s fees and expenses.
15. ENTIRE AGREEMENT These terms and conditions of sale comprise the entire agreement between the Buyer and the Seller as to the subject matter hereof.