TERMS AND CONDITIONS OF SALE – GENERAL WARRANTY / CLAIMS PROCEDURES
These Terms and Conditions of Sale and the General Warranty outline below (“Agreement”) shall apply to any goods and services (“Goods”) supplied by RefPlus Inc. (“Seller”) to the commercial customer (“Buyer”) and become integral part of all such current and future contracts between Seller and Customer, even where they are not specifically agreed again. The customer (“Buyer”) shall be deemed to have full knowledge of this Agreement. The foregoing express warranties or those set forth elsewhere on this document are the only warranties of Seller applicable to the product(s) sold under this contract.
Seller warrants that the equipment manufactured by the Seller, including service parts, and sold under this contract shall be free from defects in material and workmanship for a period of twelve (12) months from the date of equipment start-up or eighteen (18) months from the date of shipment, whichever occurs first. Ziehl-Abegg fan assemblies are warranted against defects in materials and workmanship for a period of twenty-four (24) months from the date of equipment start-up or thirty (30) months from the date of shipment, whichever occurs first.
Written notice of a defect in material and workmanship shall be sent to Seller immediately upon discovery by Buyer. Defective parts shall be repaired or replaced provided that inspection by Seller verifies the claimed defect(s). The Seller’s obligation under this warranty is limited solely to the repair or replacement, at Seller’s options, of any part or parts thereof which shall disclose to the Seller’s satisfaction to have been defective under normal use and service. This shall be the Buyer’s exclusive remedy. All other warranties, whether verbal or written, and all warranties implied by law, including any warranties of merchantability or fitness for a particular purpose, are hereby excluded. No representative or agent of Seller is authorized to modify or expand the express warranties of Seller. Repairs made without the prior written approval of Seller shall void all warranties covering material and workmanship. Seller shall not be liable for any direct, indirect incidental, consequential, or other form of loss, injury, damage, cost, or expense, whether caused by delay, failure, or performance, breach of warranty, or by any cause whatsoever. Failure on the part of Buyer or of other parties to properly maintain the product(s) sold under this contract, or the operation of such product(s), by Buyer and/or other parties under conditions more severe than those for which such product(s) were designed shall void all warranties covering materials and workmanship. Warranty is void if product is used or operated on low or improper voltages or in a manner contrary to the instructions covering the installation, use and maintenance which accompanies such product. Seller’s obligation under this warranty shall be void if Buyer fails without legal justification to pay Seller, when due, the full purchase price for the equipment sold hereunder. Buyer assumes liability for and shall bear the costs of compliance with all laws, regulations, codes standards or ordinances applicable to the location, operation and maintenance of the product(s) sold under this contract. This warranty applies only to the original purchaser of the equipment and does not extend, expressly or by implication, to the third parties or others without the specific written approval and acknowledgment of Seller.
PROOF OF START-UP:
Start-up report form shall be filled, signed by Buyer, and received by Seller at the time of installation of a complete unit in order to establish the effective date of the warranty and prove industry best practices were complied with flawlessly for the installation of the equipment. This will also demonstrate that proper start-up procedures found in the installation, operating and maintenance manual (IOM) supplied with the equipment were followed, failing which, the present warranty shall be null and void.
A compressor determined by Seller to have been defective within the warranty period shall be returned to the nearest authorized dealer of the compressor, without any additional implication from the seller. Compressor manufacturer/distributor shall honor the compressor limited warranty. No freight shall be allowed for transportation of the compressor to and from the compressor dealer. The replacement compressor shall be identical to the model being replaced. Additional charges, which may result from the replacement of another than identical compressor, are not covered by this warranty.
OPTIONAL EXTENDED WARRANTY ON COMPRESSORS:
The Seller offers an optional 4-year extended warranty on all its compressors. This warranty is subject to the above-stated warranty, is non-transferable and is only valid in Canada and the USA. A defective compressor shall remain in the possession of the Buyer and shall only be returned once authorized by Seller. The Seller reserves the right to request a failed compressor to be subject to a tear down analysis in order to identify the cause of the failure.
This warranty does not cover the costs of removing, shipping, or reinstalling the equipment.
This warranty does not cover any leak that occurs at a threaded, mechanical joint (defined as flare joints, pipe thread joints or Rotolock joints). Because these joints can loosen during transport, it is the responsibility of the Buyer to check and retighten them upon arrival of the equipment or prior to charging the system.
This warranty does not cover normal wear and tear or the erosion, corrosion and/or deterioration of the product(s) from unusual causes.
This warranty does not cover the repair or replacement of any equipment which has been repaired or altered outside of the factory in any way.
This warranty does not cover equipment and parts which have been subject to negligence, misuse, or abuse, or to pressures in excess of stated limits.
This warranty does not apply to defects in product(s) for which payment in full has not been received by Seller.
No warranties by Seller shall apply to accessories supplied by others.
This warranty does not apply to the loss of food or any products or refrigerant due to an equipment failure or for any other reason.
This warranty does not apply if the start-up report form was not filled, signed, and presented and received by Seller by the Buyer at the time of installation.
REIMBURSEMENT TERMS FOR WARRANTY REPAIRS:
Reimbursement of Warranty repairs is subject to the following conditions:
A. Maximum charges for refrigerant recovery are $50.00 (currency to be determined according to the place of recovery) per system.
B. Replacement components to be purchased locally require written preapproval by the Seller. The Seller will pay actual wholesaler costs. Invoices for these components must be included in the Warranty claim documentation.
C. All Warranty claims must include the following:
a. Fully completed RefPlus Warranty claim worksheet, with unit serial number.
b. Service ticket for work performed.
c. Invoices for locally purchased components.
Customer shall place an order in writing with reference to the Quotation (“Order”). The Order shall be considered as an offer to Seller to conclude a contract. The order received is subject to acceptance by the Seller. The Order will only be processed when all information necessary for Seller is received. Seller will issue an acknowledgement of order (“Order Confirmation”) to conclude the contract. Order must identify the quantity, model and/or part number, applicable price, the requested delivery date, and the ship to information for goods being purchased. Orders may not be canceled or rescheduled without the Seller’s approval and confirmation.
Seller reserves the right to change prices on Buyer’s orders to those prices in effect at time of shipment. All prices for goods and services, whether specified in the Seller’s price list, written quotation, or acknowledgment, are subject to change without notice. Unless otherwise expressly stated, all prices are exclusive of transportation and insurance costs, duties, and all taxes. Unless otherwise indicated, Seller’s prices, proposals, and quotations are net cash (without deduction) plus taxes and shipping. Prices are contingent upon exigencies attributable to the COVID-19 or any future pandemic and may change without notice till the COVID-19 – or if the case may be any future pandemic – has been declared as ended, unless otherwise agreed to in writing. Weights in catalogs, price schedules, quotations, and acknowledgements of all orders are approximate and in no sense guaranteed.
Prices do not include Local, State, Provincial or Federal sales, use, excise, or similar taxes. Any such charges will be added to the invoice at the time of shipment. Any direct or excise tax which may now or hereafter be imposed by any governmental unit upon the manufacture, sale, or delivery of the goods covered by these terms and conditions may be added by Seller to the purchase price of such goods, and if so added, shall be paid by the Buyer.
Terms are net thirty (30) calendar days from the date of invoice without offset or deduction, upon credit approval by Seller. Orders are subject to prepayment unless payment terms are otherwise confirmed by Seller in writing. Payments shall be in US or Canadian currency to Seller´s bank account. Any payment delay shall be subject to the current statutory interest rate for late payment with a minimum of 5%. Any Orders will be put on hold if there is any outstanding balance over 30 days on previous orders. A deposit may be required on special built-to-order equipment and cancellations of such orders will incur charges established by the factory.
TITLE OF GOODS:
Title to goods shall remain with Seller until invoice is paid in full.
Delivery date(s) are approximate and not guaranteed. Delivery shall be Ex-Works Seller’s dock. Seller reserves the right to modify the delivery date(s) without notice.
All cancellations must be approved by the Seller. Restocking charges will be determined based on whether the product is a stock versus non-stock item. A minimum restocking charge of twenty percent (20%) of the net price will apply.
No products shall be returned without Seller’s written permission. All approved returns whether new and unused or for warranty consideration must be packaged in accordance with methods designed to handle the normal rigors of transportation and handling. Each item in a return must have an approved return authorization number (RMA#) clearly marked on the goods. Return transportation will be at the Buyers expense.
Neither party shall be liable for any delay or failure in performance (other than failure with respect to payment obligations) due to acts beyond their control including, but not limited to, acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, resultant disruption in supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, or any other causes beyond its reasonable control.
Seller reserves the right to change specifications, design, and material in the interest of product improvement, without incurring obligation to the Buyer.