PFC Equipment, Inc Terms & Conditions
All products and materials sold by PFC Equipment, Inc. to Purchaser (“Product”) will be installed by and at the expense of the purchaser, unless otherwise expressly stipulated separately in writing and executed by a duly authorized representative of PFC Equipment, Inc (“PFC”). The Product shall be conclusively deemed accepted by Purchaser unless Purchaser notifies PFC in writing within thirty (30) days of delivery of the Product that it fails to meet the requirements of this contract. PFC shall then have reasonable time to make any and all necessary replacements, repairs, or refunds as provided in this agreement.
THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR MERCHANTABILITY AND FITNESS FOR PURPOSE, MADE BY PFC IN CONNECTION WITH THIS SALE EXCEPT AS EXPRESSLY SET FORTH HEREIN. Product purchased by PFC from a third party manufacturer which is sold to purchaser is warranted only to the extent of and by the original manufacturer’s warranty or guarantee, if any.
PFC assumes no liability for consequential damages of any kind, and purchaser, by acceptance of delivery, assumes all liability for the consequences of the use or misuse of any of the Product sold by PFC. PFC assumes no field expense for service or parts, unless authorized by it in advance in writing by a duly authorized representative of PFC.
Purchaser agrees upon receipt of the Product that it will be Purchaser’s duty to inspect all such Product on a continuing basis; to provide proper safety devices and equipment or means necessary to safeguard any operator from harm for any use of such Product; to adequately safeguard each Product; to follow all manufacturer’s guidelines; and to meet all government safety standards which may be imposed from time to time, including, but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended.
All statements, quotations, and agreements are made subject to and without liability on the part of PFC for any consequences arising from any and all causes beyond PFC’s control, including war, manufacturing contingency, acts of God, fire, floods, accidents, riots, strikes, labor disturbances, and delays in transportation.
Purchaser shall pay the purchase price as well as all other charges provided in this agreement, within thirty (30) days after the date of the invoice. Overdue payments are subject to a service and carrying surcharge of 1.5 percent per month (equivalent to 18 percent per annum) on the outstanding balance, plus 15% collection and/or attorney’s fees as required. Any delivery estimate contained in this proposal is an estimate only. Due to the fact Product may be specifically manufactured/fabricated for this particular order, Purchaser will not claim default, cancel, nor impose damages due to late shipment as long as PFC can document to Purchaser that it has or continues to make a bona fide effort to complete shipment of the Product.
PURCHASER AGREES TO INDEMNIFY, HOLD HARMLESS, DEFEND, AND MAKE WHOLE PFC FROM ANY AND ALL LIABILITY, LOSS OR DAMAGES WHICH PFC MAY SUFFER AS A RESULT OF CLAIMS, DEMANDS, COSTS, OR JUDGEMENTS AGAINST PFC ARISING OUT OF ANY USE WHATSOEVER OF THE PRODUCT SOLD PURSUANT TO THIS AGREEMENT, WHICH LIABILITY, LOSS OR DAMAGES, CLAIMS, DEMANDS, OR JUDGEMENTS ARE BASED UPON OR RESULT FROM ANY OF THE FOLLOWING: (1) THE FAILURE OF PURCHASER, PURCHASER’S OFFICERS, AGENTS, OR EMPLOYEES TO FOLLOW MANUFACTURER’S INSTRUCTIONS, WARNINGS, OR RECOMMENDATIONS, OR (2) THE FAILURE OF PURCHASER, PURCHASER’S OFFICERS, AGENTS, OR EMPLOYEES TO COMPLY WITH FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS APPLICABLE TO THE USE OF SUCH PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE 1970 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA), AS AMENDED; OR (3) ANY LIABILITY, LOSS OR DAMAGES, CLAIMS, DEMANDS, COSTS, OR JUDGEMENTS BASED UPON OR RESULTING FROM ANY LEGAL THEORY OF STRICT LIABILITY WITHOUT FAULT APPLIED TO PURCHASER OR PFC OR TO THE ORIGINAL MANUFACTURER OF THE PRODUCT OR (4) ANY LIABILITY, LOSS OR DEMANDS, COSTS, OR JUDGEMENTS BASED UPON OR RESULTING FROM ANY THEORY OF BREACH OF WARRANTY OF ANY KIND.
PRICE & PAYMENT
The price payable for the goods you order or purchase is as posted on our website at the time you submit your order, plus any charges for delivery and applicable taxes.
Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise to terms in advance in writing.
For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order.
We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
Special orders are items that are not in stock or are manufactured for a specific Customer or project. Special orders are non-refundable/non-returnable. Any special order that is cancelled prior to shipment will be subject to cancellation charges as levied by the manufacturer.