Order Terms & Conditions
Savwatt USA, Inc.
TERMS & CONDITIONS
All orders of contracts are accepted with the understanding that they are subject to SavWatt's ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to SavWatt's current manufacturing schedules, and government regulations, orders, directives and restrictions’ that may be in effect from time to time.
Written quotations automatically expire thirty (30) calendar days from the date issued unless otherwise stated on the face of the quotation. Quotes are subject to termination by notice within that period. Quotations are subject to correction in the event of clerical errors. Quotations are subject to correction in the event complete specifications are not provided. Prices quoted are for specific quantities shown, released for manufacture and shipment at one time to one destination unless otherwise stated. Any change in the quantity of an order and/or split shipments are subject to price revision.
Prices on the specified products are exclusive of all city, state and federal excise taxes, including without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer.
If this quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer's assent to the foregoing.
Method and route of shipment are at SavWatt's discretion, unless the buyer supplies explicit shipping instructions. When Buyer specified method of shipment, any additional shipping expense will be charged to Buyer. Shipping charges are not intended to guarantee the delivery at or to destination. Identification of goods to the contract shall occur as each shipment is placed in the hands of the carrier.
Deliveries shall be subject to, and contingent upon, strikes, labor difficulties, civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in SavWatt's usual sources of supply, governmental decrees or orders, or without limiting the foregoing, any other delays beyond SavWatt's reasonable control, and SavWatt shall not be liable for any loss or damage arising therefrom. SavWatt shall have the additional right, in the event of happening of any of the above contingencies, at its option, to cancel this contract or any part thereof, without any resulting liability. Shipments made within twenty (20) days after specified date of delivery shall constitute a good delivery. Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered merchandise.
An order once placed and accepted by SavWatt can be canceled only with SavWatt's consent and upon terms that will indemnify SavWatt against loss.
Unless otherwise specified on the order form, amount of invoice is due and payable in full within thirty (30) days of invoice date. If in SavWatt's opinion, the financial condition of the Buyer at any time does not justify continuance of production or shipment on the terms of payment specified, SavWatt may require full or partial payment in advance of manufacture or shipment. Any indebtedness owing to SavWatt for a period longer than thirty (30) days shall bear interest until paid at the current prime rate published in the Wall Street Journal. If SavWatt finds it necessary to place any indebtedness hereunder in the hands of an attorney for collection, the Buyer shall pay all expenses and cost of collection, including reasonable attorney's fees.
SavWatt shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of fire, labor troubles, accident, acts of civil or military authorities, or from any other cause beyond SavWatt's control.
In no case are goods to be returned without prior written consent. Only unused material as currently manufactured, which has been invoiced to Buyer, within ninety (90) days, will be considered for return. Material accepted for credit is subject to a minimum service charge of twenty-five percent (25%) plus all transportation charges. Material built to order is not subject to return for credit under any circumstances. Goods must be securely packaged to reach SavWatt without damage.
SAVWATT's Right of Possession
SavWatt shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of Buyer's default or defaults, to withhold shipments, in whole or in part, and to recall goods in transit, retake same, and repossess all goods which may be stored with SavWatt for Buyer's account, without the necessity of taking any other proceedings, and the Buyer consents that all the merchandise is so recalled, retaken or repossessed shall become SavWatt's absolute property, provided that the Buyer is given full credit therefore. The foregoing shall not be construed as limiting, in any.
The terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation order, or other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. SavWatt makes no representations or warranties concerning this order except such as are expressly contained herein, and this order may not be changed or modified.
The provisions on the face hereof and these Terms and Conditions constitute the entire agreement among the parties and supersede the provisions of any purchase order, other communication between the parties or any statement or representation not included herein. This agreement may not be modified or amended except in writing signed by the party intended to be bound thereby. This agreement shall be governed by the laws of the Delaware.
SAVWATT 4 YEAR LIMITED WARRANTY
Products manufactured by SAVWATT are warranted to the original user only to be free of defects in material and workmanship for a period of 48 months from date of installation, but not more than 60 months from date of manufacture. SAVWATT's liability under this warranty shall be limited to repairing or replacing at SAVWATT's option, without charge, F.O.B. SAVWATT's factory or authorized service station, any product of SAVWATT's manufacture. SAVWATT will not be liable for any costs of removal, installation, transportation, or any other charges which may arise in connection with a warranty claim. Products which are sold but not manufactured by SAVWATT are subject to the warranty provided by the manufacturer of said products and not by SAVWATT's warranty. SAVWATT will not be liable for damage or wear to products caused by abnormal operating conditions, accident, abuse, misuse, unauthorized alteration or repair, or if the product was not installed in accordance with SAVWATT printed installation and operating instructions.
To obtain service under this warranty, all products must be registered on SAVWATT’s Web site at http://savwatt.com/registration. If the product is defective, please contact SAVWATT customer service at (866) 576-3331 between 9am EST - 5pm EST Monday – Friday.
MANUFACTURER WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING FROM INSTALLATION, USE, OR ANY OTHER CAUSES. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH EXTEND BEYOND THOSE WARRANTIES DESCRIBED OR REFERRED TO ABOVE. EXCEPT AS EXPRESSLY HEREIN PROVIDED THE GOODS ARE SOLD "AS IS", THE ENTIRE RISK AS TO QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND PERFORMANCE OF THE GOODS IS WITH THE BUYER, AND SHOULD THE GOODS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, THE BUYER AND NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER ASSUMES THE ENTIRE RISK OF ALL NECESSARY SERVICING OR REPAIR.
Some jurisdictions do not allow the exclusion or limitation of implied warranties of merchantability and fitness for a particular purpose, of incidental or consequential damages and some jurisdictions do not allow limitations on how long implied warranties may last or require you to pay certain expenses as set forth above. Therefore, the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
Last updated on: 14 June 2011