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This agreement states the responsibilities of the buyer and seller. Upon purchase, buyer is agreeing to all terms and conditions set by MiniSplits4Less.
Buyer expressly agrees that MiniSplits4Less’s invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the invoice. No different or additional terms or conditions in buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon MiniSplits4Less.
ACCEPTANCE OF ORDERS
MiniSplits4Less may accept buyer’s offer to purchase and shall be bound to supply the applicable goods in accordance with these terms and conditions either by acceptable electronic transmission, delivery of the goods or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated in invoice, all prices are quoted on an individual basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the product. MiniSplits4Less is not responsible for any third-party charges incurred by the buyer. MiniSplits4Less shall not be held responsible for any installation charges incurred during the installation of the bought product.
All delivery dates are estimates. MiniSplits4Less shall use its reasonable efforts to deliver purchases within the time specified; however, in no case shall MiniSplits4less be liable for any expense, loss or damage whatsoever suffered by the buyer as a result of MiniSplits4Less’s failure to deliver the product by the specified date.
TRANSPORTATION AND RISK OF LOSS
Large purchases are shipped via LTL freight. The freight choice is up to the discretion of MiniSplits4Less. A valid phone number is required at checkout for freight to set up delivery appointment with buyer. During delivery, buyer must inspect merchandise prior to signing for it. If the purchase arrives damaged and the buyer signs the bill of lading without specifying damages, MiniSplits4Less will not be held responsible for compensating buyer for damages or providing a refund or replacement. If the buyer explicitly instructs the freight company to leave the purchase at a location without need for a signature, MiniSplits4Less will not be held responsible for any damages to the freight and will not provide any refunds, reimbursements or replacements.
CANCELLATION OR MODIFICATION
Any orders placed with and accepted by MiniSplits4Less may be canceled without fault by Seller only before the order is processed. If a buyer cancels an order already processed, they will be subject to a restocking fee (25% of order value). If a buyer cancels an order already processed and shipped, buyer will be responsible for a restocking fee (25% of order value), return shipping fee and the first shipping fee included in the original product pricing. These fees are for MiniSplits4Less to recover costs incurred. MiniSplits4Less will not accept cancellations of special orders of non-standard, non-price list products (including open-box items).
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. You will be notified if applicable freight costs will be added to the invoice.
WARRANTY AND DISCLAIMER
MiniSplits4Less warrants that the purchased product is free from defects in materials and workmanship at the time of delivery. All mini split systems must be installed by a Licensed HVAC contractor in order to keep the factory warranty and registered within 60 days of installation otherwise warranty will be voided. All manufacturing issues, defects, technical problems and warranty claims will be with the direct manufacturer and not with MiniSplits4Less.
LIMITATION OF LIABILITY
Buyer acknowledges and agrees that MiniSplits4Less’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on MiniSplits4Less’s liability hereunder shall apply even if MiniSplits4Less’s liability is due in whole or in part to its own negligence.
RETURN OF MATERIAL
MiniSplits4less offers a 14-day return policy. Buyers must call MiniSplits4Less to obtain a return authorization number and return the product within 14 days of receipt. To qualify for a refund, returned products must be in their original package (unmarked and unused) and strapped to a pallet for transport by LTL carrier. If returned products appear used, arrive damaged, or need to be re-boxed, the return may be refused. Most ductless air conditioners are offered with free shipping, meaning shipping has been included in the price to provide buyers with the total cost of the order. For returns, buyers are responsible for the original shipping cost, the cost of return shipping and a 25% restocking fee (excluding defective returns). Buyers will be refunded the purchase price minus these fees.
MiniSplits4Less and its affiliated or related companies are not responsible for any of the buyer’s claims, losses, liabilities, damages and expenses outside the agreed original purchase exchange. MiniSplits4Less is not responsible for (but not limited to) the following: attorneys’ fees and cost of defense arising from, related to or in any way connected with (or alleged to arise from or out of) any asserted deficiencies or defects in purchased product caused by any alteration or modification done by buyer with or without MiniSplits4Less’s consent; or improper handling or storage by buyer; the breach of any term or condition stated herein; buyer’s failure to label product or buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of MiniSplits4Less; or any act or omission of buyer including any claims for or resulting from any injury to person (including death); or damage to property or for economic loss; several or comparative negligence; breach of agreement; breach of warranty or other breach of duty of or by indemnitee or as a result of indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which indemnitee has by law.
Net cash thirty (30) days from the date of invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse MiniSplits4Less for any costs incurred in collecting past due sums or any other amounts owed by buyer for any reason whatsoever, including, but not limited to, court costs, freight storage charges and attorneys’ fees.
GOVERNING LAW AND ARBITRATION
This document shall be interpreted and governed by the law of the State of America, excluding its conflicts of laws. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.