TERMS & CONDITIONS
LIMITATION OF LIABILITY: THE SOLE REMEDY FOR BREACH OF THE APPLICABLE EXPRESS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF THE EQUIPMENT BY FLOW SOLUTIONS LLC, OR REFUNDING THE PURCHASE PRICE SET FORTH ON THE FIRST PAGE OF THE AGREEMENT AND ORDER ACKNOWLEDGEMENT. IT SHALL BE IN FLOW SOLUTIONS LLC’S SOLE DISCRETION AS TO WHETHER REPAIR, REPLACEMENT OR REFUND IS THE APPROPRIATE REMEDY. IF FLOW SOLUTIONS LLC DECIDES TO MAKE REPAIRS, FLOW SOLUTIONS LLC HAS THE OPTION OF COMPLETING SUCH REPAIRS ITSELF, OR AUTHORIZING A THIRD PARTY TO PERFORM SUCH REPAIRS AT FLOW SOLUTIONS LLC EXPENSE. FLOW SOLUTIONS LLC IS NOT RESPONSIBLE FOR ANY REPAIR WORK PERFORMED BY A THIRD PARTY THAT FLOW SOLUTIONS LLC DID NOT APPROVE IN WRITING PRIOR TO THE COMMENCEMENT OF SUCH REPAIRS. FLOW SOLUTIONS LLC ‘s LIABILITY OF ANY KIND WHATSOEVER (WHETHER IN WARRANTY, TORT, CONTRACTUAL OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, THE BILLING PRICE SET FORTH ON THE FIRST PAGE OF THE AGREEMENT AND ORDER ACKNOWLEDGEMENT. UNDER NO CIRCUMSTANCES SHALL FLOW SOLUTIONS LLC BE LIABLE FOR LOST PROFITS, LOST SAVINGS, PERSONAL INJURIES, INCIDENTAL DAMAGES, ECONOMIC LOSS, PROPERTY DAMAGE, OR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF FLOW SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES.
TERMS AND CONDITIONS
PAYMENT TERMS: Standard payment terms are net 30 days, subject to credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions hereof, Flow Solutions LLC, in addition to its other rights and remedies, but not in limitation thereof, may at its option defer shipments or deliveries hereunder, or under any other contract with the Buyer, except upon receipt of satisfactory security or of cash before shipment.
TAXES: Prices do not include any sales or use tax, either Federal, State, or Local, payable on the transaction under any applicable statute. All such taxes must be paid by the Buyer.
LIMITATION OF WARRANTIES: Any description of the goods contained herein is for the sole purpose of identifying them and does not constitute a warranty. In the interest of product improvement, the right is reserved to change specifications and/or design without incurring obligations. OTHER THAN THE EXPRESS MANUFACTURER’S WARRANTY THAT APPLIES TO THE UNIT, THE UNIT IS SOLD “AS IS” AND THERE ARE NO OTHER WARRANTIES. FLOW SOLUTIONS LLC HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, THAT THE UNIT IS FIT FOR A PARTICULAR USE OR PURPOSE, THAT THE UNIT IS FIT FOR A PARTICULAR APPLICATION OR ENVIRONMENT, AND ANY WARRANTIES THAT MIGHT OTHERWISE ARISE OUT OF A COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. The unit will be supplied per Flow Solutions LLC’s certified prints. In addition, Flow Solutions LLC is not responsible for any warranties provided by any component manufacturers. Flow Solutions LLC shall not be responsible for any repairs made outside the factory, nor for defects resulting from improper installation, improper maintenance, care or operation, nor for defects in goods not paid for. The Buyer assumes responsibility for compliance with any regulations, codes, standards or ordinances applicable to the installation, location, operation or maintenance of the products, including responsibility for compliance with any requirements pertaining to distances between evaporative cooling equipment and air conditioning system duct intakes. No person, agent, or dealer is authorized to enlarge upon the warranties set out herein or the obligations of Flow Solutions LLC hereunder.
SHIPPING DATES: Shipping dates are estimates only. No contract will be made to deliver in a specified time unless in writing by an officer of the company. Flow Solutions LLC shall under no circumstances be responsible for failure to fill any order or orders when due to: fires, floods war, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies or power at current prices, or on account of shortages thereof; acts of God or of the public enemy; any existing or future laws or acts of the Federal or of any State Government including specifically, but not exclusively, any orders, rules or regulations issued by any official or agency of any such government affecting the conduct of Flow Solutions LLC’s business with which Flow Solutions LLC in its judgment and discretion deems it advisable to comply as a legal or patriotic duty, or to any case beyond Flow Solutions LLC’s reasonable control.
ALLOCATION OF RISK: The responsibility of Flow Solutions LLC ceases upon delivery of goods in good order to the carrier. The Buyer assumes all risk of loss, damage or shortage in transit and any claims based thereon must be filed by the Buyer with the transportation company.
RETURNS: Goods may not be returned except by permission of authorized officials of Flow Solutions LLC and when so returned will be subject to handling charge and transportation costs.
AGREEMENT OF SALE: Any of the terms and provisions of Buyer’s order which are inconsistent with the terms and provisions hereto shall not be binding on Flow Solutions LLC unless Flow Solutions LLC consents in writing and shall not be considered part of the Parties’ Agreement as expressed herein. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may hereafter occur. Orders accepted by Flow Solutions LLC can be cancelled only upon written consent of Flow Solutions LLC and after payment by Buyer of reasonable costs and expenses for the effort expended thereon.
Trademarks—The trademarks, names, logos, patents and service marks (collectively “patents/trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.