PRICING
Prices shown on quote are Seller's prices in effect on that date and are shown in U.S. dollars. Pricing is valid for 30 days from date indicated on quotation. Signature, date, and 50% deposit is required to process order unless otherwise specified. Buyer accepts and agrees to prices, specifications, and Out-Fit’s standard terms and conditions of sale. Volume discounts are based on equipment quantities indicated on this quotation. Changes to final equipment selection and quantities may affect available discounts. Verbal price representations cannot supersede a written price quote. Seller reserves the right to correct any clerical or mathematical errors prior to Buyer acceptance. Shipments will be billed at prices stated on accepted orders unless delays have been initiated or requested by Buyer which shall entitle Seller to charge for any and all additional costs and expenses resulting from the delay.
TAXES AND DUTIES:
Unless otherwise noted, the price does not include any federal, state or local taxes, assessments or duties. Therefore, in addition to the price stated herein, any applicable sales, use or other taxes and government charges imposed by any governmental body upon the transaction shall be an additional charge and shall be the responsibility of the Buyer, unless the Buyer is exempt from such taxes and the Seller receives the Buyer's Certificate of Exemption prior to shipment.
TERMS OF PAYMENT:
Unless otherwise indicated, the terms of payment are as they appear at the top of the quote or sales order documents. Seller reserves the right to require full or partial payment in advance of any shipment, or other payment arrangements whenever, in its judgment, the financial condition of Buyer does not justify shipment of the goods on the terms specified. If payment on the goods to Seller is in arrears, Seller shall have the right and option to withhold service and parts. Buyer agrees to pay all costs of collections, specifically including but not limited to reasonable attorney's fees and all court costs.
DELIVERY / INSTALLATION / CANCELLATION
Delivery to Customer shall be F.O.B. Out-Fit’s facility. Title and risk of loss shall pass to Customer upon Out-Fit's delivery of the equipment to a common carrier or to Customer, in either case, from Out-Fit's facility. Unless otherwise requested by Customer, delivery will be made by Out-Fit delivery crew, delivery firm selected by Out-Fit, or common carrier selected by Out-Fit. Out-Fit shall be bound to deliver the equipment only if this agreement has been signed by an authorized representative of Customer.
Customer agrees to accept delivery of goods on or within ten days from the date Out-Fit has received all goods necessary to fulfill Customer's order from the manufacturer(s). In the event customer is unable or unwilling to accept installation within the time frame specified above, customer agrees to arrange to store goods and remit payment as per the terms of this agreement. If Out-Fit is willing to provide assistance in storage of equipment, the same shall be stored at prevailing market rates. Out-Fit will make its best effort to accommodate customer's needs once a new timetable for delivery date is established, but can not guarantee labor rates or availability and/or product availability. All orders are treated as custom and made to order. A no-return policy will remain in effect unless other restocking fees / charges are agreed upon by Out-Fit in writing. In no event will Out-Fit be liable for any loss, damage, or expense due to late delivery or damage caused by contracted carriers. Customer’s notice of delivery schedule cancellation must be received by Out-Fit no less than twenty one (21) days prior to the confirmed delivery date and time. If the delivery cancellation is not received within that timeframe, the customer could be charged 20% of the total order, plus applicable storage and restocking fees.
DELIVERY:
Any delivery date stated under this contract is the Seller's best estimate and is based upon prompt receipt of all necessary information and payment from Buyer. Seller makes no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. Seller shall have no liability or other obligation hereunder if its performance is delayed or prevented to any extent by any event such as, but not limited to, any act of God, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, or any other cause beyond the Seller's reasonable control.
RETURNS
Should any Equipment arrive at Customer's destination in a damaged condition or should a shortage occur, Customer must report the nature and extent of the damage or shortage to Out-Fit within 5 days of delivery. In no case is any equipment to be returned to Out-Fit without Out-Fit's prior written authorization. Returned equipment must be securely packed and shipped prepaid to Out-Fit. Customer acknowledges that charges for equipment removal or freight incurred are the sole responsibility of the Customer.
PAST DUE INVOICES
Invoices are due and payable on receipt unless otherwise specified. Out-Fit may impose a late charge and/or service charge equal to the lesser of 18% per annum (1-1/2% per month) or the maximum rate allowed by law upon any unpaid balance past due by more than 30 days. Customer shall promptly pay or reimburse Out-Fit for all sales, use, value added service, excise, or other taxes and similar assessments arising out of the purchase of the equipment. Customer shall be liable for costs of collections (including attorneys' fees) incurred by Out-Fit to collect payment due.
Until the purchase price for the equipment is fully paid, Out-Fit will have a purchase money security interest in the equipment and all additions or replacements thereto or proceeds thereof. Out-Fit may file financing statements under applicable law to evidence or perfect such security interest. Customer agrees to execute and deliver any such financing statements or other documents which Out-Fit deems appropriate in order to perfect or otherwise obtain the benefits of such security interest.
ASSUMPTION OF RISK / LIMITATION OF LIABILITY
The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. Out-Fit will not be liable for any direct, special, indirect or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will Out-Fit be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage; nor will Out-Fit's liability to Customer (under contract, tort or otherwise) exceed the amount by Customer under this agreement for the relevant equipment.
WARRANTY
Out-Fit makes no warranties, express or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer, and shall be governed by the requirements of the manufacturer's warranty requirements and specifications.
MODIFICATIONS
No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized representative of Out-Fit at the main office. These Terms and Conditions represent the entire understanding between Out-Fit and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings or agreements between Customer and Out-Fit. Customer acknowledges that Out-Fit would not sell the equipment to Customer without each of these Terms and Conditions being effective. Should any portion of these Terms and Conditions be unenforceable or unlawful, the balance shall remain in full force and effect, to the extent legally possible. Customer recognizes and acknowledges that there is no "Cooling Off" period with regard to the purchase of the Equipment from Out-Fit and there are no return rights or warranties provided by Out-Fit.