CONDITIONS OF SALE
A. INCLUDED BY THE CONAIR GROUP (“CONAIR”)
1) EQUIPMENT GUARANTEE: Conair guarantees the machinery and equipment on this order for a period as defined in the quotation from date of shipment against defects in material and workmanship under the normal use and service for which it was recommended (except for parts which are typically replaced after normal usage such as filters, liner plates, etc.). Conair’s guarantee is limited to repairing or replacing, at our option, the part or parts determined by us to be defective after examination. The customer assumes the cost of transportation of the part or parts to and from the factory.
2) PERFORMANCE WARRANTY: Conair warrants that this equipment will perform at or above the ratings as stated in specific quotations covering the equipment or as detailed in engineering specifications provided the equipment is applied, installed operated and maintained in the recommended manner as outlined in our quotation or specifications.
Conair may offer additional or supplemental warranties or guarantees on specific products or components under terms and conditions that may differ from the Equipment Guarantee and Performance Warranty. In the event of a conflict, the provisions of the additional or supplemental warranty or guarantee shall control. Copies of these additional or supplemental warranties or guarantees, if applicable, will accompany each specific product and are available at any time by contacting Conair. Any additional or supplemental warranties or guarantees provided by Conair are subject to and made a part of these Conditions of Sale, including, but not limited to, the Remedy, Warranty Limitation, and Limitation of Liability provisions.
3) REMEDY: Should performance not meet warranted levels, Conair at its discretion will exercise one of the following options:
A. Inspect the equipment and perform alterations or adjustments to satisfy performance claims. (Charges for such inspections and corrections will be waived unless failure to meet warranty is due to misapplication, improper installation, poor maintenance practices or improper operation.)
B. Replace the original equipment with other Conair equipment, which will meet original performance claims at no extra cost to the customer.
C. Refund the invoiced cost to the customer. Credit is subject to prior notice by the customer at which time a Return Goods Authorization number (RGA) will be issued by Conair’s Service Department. Returned equipment must be well crated and in proper operating condition, including all parts. Returns must be prepaid.
Purchaser must notify Conair in writing of any claim and provide a customer receipt and other evidence that a claim is being made.
Purchaser’s SOLE AND EXCLUSIVE remedy for a breach of the performance warranty shall be as set forth in either of 3) A., B. or C. at Conair’s discretion.
4) WARRANTY LIMITATION: EXCEPT FOR THE WARRANTY STATED IN SECTION A. 1) AND A. 2), CONAIR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5) LIMITATION OF LIABILITY:
A. Disclaimer. In no event will Conair be liable for SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES of any nature including but not limited to loss of profit or revenue, productive facilities, damage to or loss of the use of the equipment, damage to property, claims of third parties, including personal injury or death suffered as a result of the equipment, or failure of Conair to warn, or to adequately warn, against the dangers of the equipment, or to instruct, or to adequately instruct about the safe and proper use of the equipment, whether or not Conair has been advised of the potential for such damages.
B. Limitation. The total liability of Conair to Purchaser from any cause whatsoever, whether arising under contract, warranty, tort (including negligence), strict liability, products liability or any other theory of liability will be limited to the purchase price paid to Conair for the equipment that is the subject of Purchaser’s claim.
6) INDEMNIFICATION: Purchaser agrees to indemnify, save harmless and defend Conair at Purchaser’s expense from and against any and all damages, claims or liabilities of any nature from any party whatsoever, including but not limited to cost, expenses and reasonable attorney’s fees which are threatened or brought against or are incurred by Conair arising out of or resulting from the erection, operation or use of the equipment.
B. TO BE FURNISHED BY PURCHASER
7) PERMIT FEES: Purchaser assumes responsibility for providing any required permits or fees and for operational compliance with local, state and federal laws and regulations.
8) PAYMENT OF TAXES, FEES AND DUTIES: Prices quoted herein are net as quoted and do not include sales, use, excise or similar taxes or custom duties unless such are noted in the proposal. All such taxes or duties applicable to the sale, transport or use of equipment noted herein shall be paid by Purchaser or reimbursed to Conair if prepaid.
9) OTHER RESPONSIBILITIES: Purchaser assumes responsibility for unloading of all machinery, materials, etc. shipped to the job site by commercial carrier. In addition, the installation of the equipment is the Purchaser’s responsibility unless otherwise clearly stated in the quotation.
C. GENERAL INFORMATION REGARDING SALE
10) SHIPMENT DATE: Conair shall not be liable for delay or default in shipment or delivery due to labor disputes, transportation shortages, acts of government authorities or other causes beyond the control of Conair.
11) PURCHASER’S SHIPPING DELAY: If equipment which is ready for shipment on or after the scheduled shipping date cannot be shipped because of Purchaser’s request, the term of payment shall begin as of the date Conair notifies Purchaser that the equipment is ready for shipment. Purchaser may be liable for warehousing, insurance and premium shipping charges.
12) CANCELLATION: If the Purchaser withdraws its order at any time after acceptance by Conair, payment shall be rendered within 30 days of invoice for all items completed and for items in process in proportion to the degree of completion.
13) RESALE: Should purchaser resell any equipment on this order, you must advise your buyer to contact Conair Service Department to obtain the appropriate manuals and other documentation for safe and proper operation.
14) COMPLIANCE WITH LAWS: Since OSHA “Standards” are sometimes subject to interpretation by local inspectors, Conair will modify its equipment to satisfy the inspector if the modification is clearly defined at prices in effect at the time of the modification. Buyer agrees to comply fully with export administration and control laws and regulations of the U.S. government in the export, resale or other disposition of Conair products. Conair certifies that its products were produced in compliance with all requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act as amended and of regulations issued under Section 14 thereof.
15) AGREEMENT LIMITATION: It is expressly agreed that there are no promises, agreements or understandings other than as expressed in the quotation and the covering letter; and that no agent or sales representative has any authority to obligate Conair by any terms or conditions not expressed therein.
16) GOVERNING LAW: This agreement will be governed by and under the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. Any legal action concerning this agreement will be brought only in the federal courts in the Western District of Pennsylvania or the state courts in Allegheny County, Pennsylvania. Each party hereby consents to the jurisdiction of such courts and to venue herein.
17) ACCEPTANCE: These terms and conditions of sale constitute the final, complete and entire agreement between Conair and Purchaser and supersede all prior written or oral representations or agreements. Any offer by Conair to sell or any acceptance by Conair of Purchaser’s purchase order or other form is expressly conditioned on Purchaser’s acceptance of these terms and conditions. If Purchaser’s terms and conditions differ in any way from these terms and conditions, this statement will be effective as notice of objection and a rejection thereof. No modification or waiver of any of these terms or conditions, in whole or in part, will be binding except in writing signed by Conair.