TERMS AND CONDITIONS
1. All sales are subject to the terms and conditions hereof. No modifications or additions thereto shall be binding on Seller, unless consented to in writing signed by Seller's duly authorized representative.
2. With respect to goods manufactured and sold by Seller, such goods sold hereunder are warranted to be free from defects in material and workmanship. Seller will repair or replace, without charge, any goods proven defective.
3. With respect to goods distributed by Seller, but not manufactured by Seller, the Seller will accept returns on all such goods for a period of thirty days from the date of sale. Thereafter, all such goods must be returned to the manufacturer of the goods by the buyer, under the specific terms of the manufacturer's warranty unless the manufacturer has designated the Seller as an agent of the manufacturer for warranty purposes.
4. EXCEPT AS STATED ABOVE, THE GOODS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THE GOODS OR THE PERFORMANCE THEREOF. THE SELLER'S AGGREGATE LIABILITY SHALL NOT IN ANY EVENT EXCEED THE AMOUNT OF THE PURCHASE PRICE OF SAID GOODS. THE SOLE AND EXCLUSIVE REMEDY UNDER THE SELLER WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF THE GOODS, TO THE EXTENT THE SAME DOES NOT MEET WITH SELLER'S WARRANTY AS PROVIDED ABOVE.
5. Risk of loss and/or damage to the goods shall pass to Buyer at such time as the goods leave Seller's place of business, or designated shipping point, for delivery to Buyer. The Risk of Loss Date is the shipping date of goods sold hereunder.
6. Claims on account of defective goods, short count or for any other cause shall be deemed waived by Buyer unless made in writing within thirty (30) days from receipt of material. Prior to any return, you must call Seller for an RMA number. Returned items must be in re-saleable condition in original packaging. All returns for credit must be within 30 days of purchase. There will be a 20% restocking charge for return of non-defective merchandise. Shipping and handling charges are not refundable on returns.
7. By accepting the goods and/or services sold hereunder, Buyer agrees to the payment terms shown on invoice and further agrees that if payment is not made when due, Buyer will pay the Seller's cost of collection including reasonable attorney's fees. Buyer also agrees to pay a service charge of 1.5% PER MONTH (18% APR) for all Past Due debts, unless prohibited by state law, in which case maximum legal rate will apply.
8. If any term or condition (or portion thereof) herein contained is held invalid, the remaining terms and conditions of this contract shall not be affected thereby.
9. This contract and any dispute arising thereunder, unless otherwise stipulated or agreed to in writing shall be construed according to and governed by the laws of the Commonwealth of Massachusetts.
(HomeAire Terms and Conditions 8/2006)