Terms and Conditions

1. SPECIAL ORDER MERCHANDISE. Buyer shall pay the quoted price plus transportation costs and applicable taxes. Special Order merchandise is non­returnable. Customer is responsible for confirming dimensional and utilities compatibility of installation and notifying TriMark ERF, Inc. {"Seller") in writing of any necessary changes within 2 working days of placing order. Changes subject to re-quote.

2. DELIVERY. Unless otherwise specifically provided herein. delivery shall be considered F.O.B. point of shipment except when merchandise is delivered by Seller's truck. in which case F.0.B. point is Buyer's receiving dock or other entrance to Buyer's premises. All risk of loss shall pass to Buyer upon delivery to com­mon carrier or into Buyer's transports or if delivered by Seller's truck, upon delivery to Buyer's receiving dock or entrance to Buyer's premises. Common Carriers only deliver to Buyer's dock or entrance unless other arrangements are made in advance. If merchandise is delivered by Seller's truck and access is adequate and placement of merchandise is at grade level, Seller will set it in place. Unless prearranged and Buyer accepts additional monetary charges. Seller will not move equipment up or down stairs. over counters or where access is limited by dimensional restrictions. Buyer is responsible for removal and reinstallation of all facil­ity doors where necessary. Delivery dates are approximate and subject to normal variations and unforeseen delays. In no event shall Seller be liable for any dam­ages to Buyer arising out of any delay or lateness in shipment.

3. INSTALLATION. The installation of equipment is the sole responsibility of Buyer unless specifically arranged in advance and quoted in writing by Seller. TriMark ERF, Inc. is not responsible for gas and electrical connections; any structural or utilities related modifications, upgrades or new installations; or, any other action(s) necessary to place the equipment in service unless explicitly stated and quoted in writing in advance. The confirmation of the adequacy of gas line and voltage capacities and wiring phase; and, the satisfaction of building code requirements; is the sole responsibility of Buyer. Failure by the Buyer, to confirm utilities and building code compatibility does not relieve Buyer of obligation to accept and pay for merchandise and Buyer accepts responsibility for all additional costs associated with the return, exchange or modification of equipment or facilities necessary to properly complete the installation.

4. FREIGHT DAMAGE. Buyer must inspect all merchandise at time of delivery and note dam􀀡e on bill of lading before accepting merchandise. In the case of Common Carrier delivery, Buyer must file claim for damages with the freight company and reimbursement must come from that freight company. If delivery is made by Seller's truck, damage must be noted on bill of lading prior to acceptance and Seller will settle legitimate claims. Concealed damage must be reported to carrier within 15 days of receipt. Save all packaging and notify carrier of your findings and your intention to file a claim. Orders for replacement parts or units due to freight damage will be invoiced under Seller's regular terms.

5. TITLE AND RISK OF LOSS. Full risk of loss and title passes to the Buyer at the F.O.B. point. Buyer grants Seller a security interest in the merchandise to secure payment in full. together with a power of attorney to execute and file in Buyer's name any necessary financing statements to perfect such security inter­est. Upon Buyer's default in payment, Seller may repossess the merchandise and Buyer agrees to make such merchandise available for pick-up by Seller or Seller's agent. Additionally, Seller may pursue any other remedies available by law or in equity.

6. SUSPENSION OF SELLER'S PERFORMANCE. If in Seller's judgment, reasonable doubt exits as to Buyer's financial responsibility or if Buyer is past­due in payment of any amount owing to Seller, the Seller reserves the right, without liability and without prejudice to any other remedies, to suspend perform­ance, decline to ship, or stop any merchandise in transit until Seller receives payment of all amounts, whether or not due and regardless of Buyer's assurances of such payment.

7. RETURNS. Unused Merchandise in original condition and packaging may be returned only with the prior written approval of Seller. Copy of Sale Invoice is required and items must be sent freight prepaid to the location directed by Seller. Seller, at its discretion, will pick up returns at original delivery site if within Seller's normal delivery wne. All returns accepted by Seller are charged a twenty percent (20%) restocking fee plus any required reconditioning expense. TriMark ERF. Inc. settles refunds by check or store credit. no cash. Special Order and used merchandise may not be returned.

8. LIMITED WARRANTY. All merchandise is subject to the terms of the Manufacturer's Limited Warranty as published by Manufacturer in materials sup­plied with the merchandise. Seller makes no warranties. express or implied. including without limitation any implied warranty of merchantability or fitness for a particular purpose. All claims are between the Buyer and the Manufacturer. Seller may assist Buyer in obtaining claim service, however in no event shall Seller be liable for settling claims or for incidental or consequential damages, including without limitation lost profits or claims against the Buyer by another party.

9. GOVERNMENT REGULATIONS. Seller makes no representation that the merchandise complies with any present or future federal, state or local reg­ulation or ordinance. Compliance is Buyer's responsibility. Special Order merchandise is not, as standard practice subject to certification by any independent test­ing agency. Buyer must inform Seller, who will consult with the manufacturer, if Certification Labels by approved testing agencies are required.

10. COLLECTION COSTS. If the Buyer defaults on payment, Seller may recover from Buyer, all costs of collection, including without limitation: reason­able attorney's fees, whether or not such collection includes the commencement of a lawsuit.

11. TERMS AND CONDITIONS. Seller's acceptance of any order is conditioned upon Buyer's acceptance of the foregoing terms and conditions, which shall prevail notwithstanding any variance with the terms and conditions of any order form or other document submitted by Buyer. Acceptance of delivery of the merchandise shall be deemed agreement herewith by Buyer. No modifications of these terms and conditions shall bind Seller unless in writing and signed by an officer of (Seller). Prior course of dealing shall not affect these terms and conditions.

12. LAW. California law governs this transaction.

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