General Terms and Conditions
PRICES: PureAire Monitoring Systems, Inc. (“PureAire”) quotations are in force from the date of quotation. All prices, credit terms and other terms and conditions of sale set forth herein are subject to change by PureAire without notice to the buyer, at any time. Unless otherwise stated, the amount of any and all Federal, State and local sales, excise, use, duty or similar taxes applicable to the products or use thereof, shall be paid by the Buyer.
ERRORS: PureAire reserves the right to correct clerical or stenographic errors or omissions.
TERMS OF PAYMENT: Unless otherwise stated, the payment terms are Net 30 Days, subject, however, to Credit Department approval. Credit Cards payment is accepted. Export payment terms are through Credit card or wire transfer. All payments are to be in U.S. dollars. In the event Buyer fails to make payment as herein provided, Buyer agrees to pay, in addition to the sums payable hereunder, interest on the delinquent amounts from the date the same are due and payable to the date of payment, at the rate of interest equal to one and one-half percent (1.5%) per month, and further agrees to pay all of PureAire’s costs of collection, including, but not limited to, reasonable attorneys’ fees and costs and court costs.
PARTIAL SHIPMENTS: Partial shipments will be invoiced as shipped. Payments are due as invoiced.
SHIPMENTS: Shipments and deliveries shall be subject to the approval of our Credit Department. Shipping shall be F.O.B. Lake Zurich, Illinois, with freight charges prepaid and added to the invoice. PureAire is not responsible for any loss, damage or delay that may occur after products have been accepted to shipment by the transportation company. Risk of loss in respect to any and all of the products shall pass to Buyer upon delivery of the products to the carrier and shall be F.O.B. Lake Zurich, Illinois. Claims for shipping damage should be made to the carrier. Pureaire will insure all shipments. Prices include products having standard domestic packing only. Where packing for overseas shipment is required, refer to PureAire for itemization of additional costs.
SHIPMENT DELAY: PureAire shall not be liable for any delay in the performance of orders or in the delivery or shipment of the products, or for any damages suffered by reason of such delay, where such delay is , directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, riots, pandemics, acts of god, war, governmental interference or embargoes, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, transportation delays, or any other causes or causes beyond PureAire’s control. In the event PureAire is unable to perform any part or parts of any agreement arising from this order, PureAire shall have the right to perform any part or parts which it is reasonably capable of performing. If the requested or promised delivery date is delayed through no fault of PureAire, PureAire reserves the right to invoice in advance of shipment under regular terms of payment.
DELIVERY: Delivery dates are given to the best of PureAire’s knowledge based on conditions existing at the time of quotation. PureAire will make every effort to ship within the time estimate but cannot guarantee to do so. Failure to make shipment as scheduled does not constitute a cause for cancellation and/or damages of any character. Identification of the products itemized and listed on the face of this order shall occur as each shipment of the product is placed in the hands of the carrier.
CANCELLATION: Buyer’s request to cancel an order must be made in writing to PureAire and is subject to PureAire’s approval. In all cancellation cases, a cancellation fee shall be payable by Buyer, in an amount determined by PureAire, which in no event shall be less than 20% of the order price.
WARRANTY: Pureaire warrants PureAire’s products against defects in material and workmanship for the period hereafter described. This warranty does not apply to any damage due to accident, misuse, abuse, neglect or improper repair, or due to any service, product modification and/or alteration by any party other than by PureAire. PureAire’s warranty is as follows: (i) with respect to Toxic gas monitor or part thereof, if in PureAire’s opinion material or workmanship is defective, then PureAire will repair or replace the same for a period of twelve months after shipment; and (ii) with respect to Oxygen Monitor or part thereof, if in PureAire’s opinion material or workmanship is defective, then PureAire will repair or replace the same for a period of thirty-six months after shipment. Any defective equipment must be returned postage/delivery charges prepaid to PureAire’s factory or service. Pureaire provides no field service. This warranty does not cover components that are expendable or consumable in normal use and thus have an unpredictable life such as batteries, fuses, sample pumps, filaments and sensor cell electrolyte & membranes. Instruments which have been repaired or replaced during the warranty period are warranted to the remainder of the unexpired portion of the original warranty period. PureAire’s warranty automatically terminates and, as such, is null and void, in the event any alterations, repairs, modifications, rebuilding, improper installation are made by persons other than PureAire’s authorized personnel, unless such work is preauthorized, in writing, by PureAire.
OPTIONAL EXTENDED TWENTY-FOUR MONTH WARRANTY ON PUREAIRE OXYGEN MONITORS: For an additional fee specified by, and paid to, PureAire prior to expiration of the initial thirty-six month Warranty period (the “Initial Warranty”) set forth in the General Terms and Conditions of Sale, PureAire will provide an additional twenty-four months of Warranty coverage (the “Optional Extended Warranty”) against defects in material and workmanship on Oxygen Monitors sold by PureAire.
Any such Optional Extended Warranty shall be governed, in all respects, by the Initial Warranty provisions described in the Warranty section of the General Terms and Conditions of Sale, which is set forth herein above, except that the duration of the Warranty period shall be sixty (rather than thirty-six) months from shipment.
SPECIFICATION CHANGES: PureAire retains the right to discontinue and/or change specifications of any instrument without responsibility for incorporating changes in instruments already sold.
NON-RECURRING ENGINEERING CHANGES: PureAire retains all rights to any and all changes or modifications made to its products and technology at the buyer’s request. PureAire also retains all rights in any and all inventions or developments arising from the NRE, whether or not patentable, regardless of buyer’s payment of the NRE, including all rights to apply for, all patents or other intellectual rights, throughout the world. No additional product rights are granted to the buyer.
SOFTWARE: PureAire is the sole owner of the software (including, but not limited to, the engineering designs and specifications, formulae, source code and trade secrets of the software) (“Software”) of its toxic gas and oxygen monitors and electrochemical sensors (“products”). Your purchase of the products does not grant to you any rights, title or interest in or to the Software, whatsoever, other than to its use in the products.
RETURNS AND REFUNDS: Returns and refunds may be accepted within thirty days of product shipment. Returned products may be subject to a 20% restocking fee. Prior written authorization and shipping instructions for the return of any product must be obtained by Buyer from PureAire before returning any product. The product must be returned with complete identification in accordance with PureAire instructions or it will not be accepted. Refunds will be issued to Buyer in the form of a credit back to Buyer’s original form of payment. In no event will PureAire be responsible for any product returned without proper authorization or identification. The product must be in its original, unopened, and undamaged packaging. Buyer shall be solely responsible to coordinate and to prepay, in full, the delivery charges to return any product to PureAire. The risk of loss shall remain with Buyer until PureAire accepts delivery of the returned product at PureAire’s Lake Zurich, Illinois facility.
LIMITATION OF LIABILITY: PureAire’s warranty described herein sets forth the limits of PureAire’s responsibility and ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. PureAire, its contractors and suppliers, representatives of any sort shall not be liable in contract, tort, or otherwise for damage or loss of other property, equipment, profits, revenue, cost of capital, or any other type of loss related to the use of PureAire’s product. The extent of PureAire ’s responsibility and liability for any allegedly defective products, shall be limited to repair or replacement of the product at PureAire’s option, PureAire shall not be liable, under any circumstances, for any other damages, whether incidental, consequential or otherwise, because of product defects.
MINIMUM BILLING: The minimum charge for orders shall be $50.00 plus transportation charges as indicated under “SHIPMENTS.”
