Terms and Conditions Of Sales

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HVAC-Direct.com shall sell its goods only on the express condition that the buyer assents to the terms and conditions set forth hereon. Any inconsistent or additional terms that may be embodied in any purchase order are hereby deemed to be material alterations and HVAC-Direct.com objects to them and rejects them without future notification and notwithstanding any shipments, acceptance of payments or other acts of HVAC-Direct.com. The buyer’s acceptance and receipt of the goods shall constitute assent to such terms and conditions.

SELECTION – It is up to the buyer to correctly size and select equipment.  While HVAC-Direct.com may offer resources as far as industry practices to select the correct merchandise, the buyer accepts full and final responsibility for the decision.

LOCAL CODES AND LAWS – It is left up to the buyer to adhere to all local codes and laws regarding the installation, operation, and maintenance of equipment supplied by HVAC-Direct.com.  Advice, if any, given by HVAC-Direct.com is not the ultimate authority, and the buyer must abide local municipal, state, and federal laws and codes.

DELIVERIES - Deliveries may be suspended by either HVAC-Direct.com or the buyer in the event of strike, fire, flood or other causes beyond the control of either party.

CLAIMS - Any claim against HVAC-Direct.com under these Terms and Conditions of Sale must be brought within one year of purchase unless a longer term is expressly permitted by the warranty covering the product at time of shipment. In no event shall HVAC-Direct.com be responsible for indirect, special or consequential damages, nor will the liability of HVAC-Direct.com exceed the purchase price of the goods, which is actually paid. Buyer waives any and all claims for punitive damages.

FREIGHT ALLOWANCES - Unless otherwise specified, all shipments are made freight collect, F.O.B. point of shipment.  Freight is added to the invoice calculated at a rate specific to buyer’s location. 

WARRANTY - HVAC-Direct.com warrants title to the goods. Further obligations of HVAC-Direct.com Industries Inc. shall be limited to its Warranty covering the product at time of shipment. HVAC-DIRECT.COM MAKES NO OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS, AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.

TAXES - Sales, use, consumption, storage or other taxes, if applicable, shall be paid by the buyer. We are authorized to collect state tax in Minnesota. 

ACCEPTANCE - All orders are subject to Credit and Sales Department approval and acceptance.

BUYER’S CREDIT - HVAC-Direct.com reserves the right, among other remedies, to terminate or suspend further delivery against an order in the event the buyer fails to pay for any portion of the order when it becomes due. Should buyer’s financial condition become unsatisfactory to HVAC-Direct.com, cash payments or satisfactory security may be required by HVAC-Direct.com for future deliveries or for goods already delivered.  No goods shall be shipped unless full payment is received first.

MISCELLANEOUS - ALL SALES CONTRACTS SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF MINNESOTA.

RETURNS - Before returning any merchandise, written permission must be obtained from HVAC-Direct.com, whereupon HVAC-Direct.com will furnish shipping instructions and Return Goods Authorization Form. If HVAC-Direct.com agrees to the return, credit will be allowed less a 15% RESTOCKING charge (minimum $10.00) and transportation costs.  Returned goods must be in NEW, RESALABLE condition, in their original packaging.  Upon inspection, if the goods are not in NEW condition the buyer will have the choice to reaccept the merchandise, or we will dispose of it.

SHIPMENTS - HVAC-Direct.com shall not be bound to deliver any goods for which Buyer has not given shipping instructions. UNLESS SHIPPED UNDER A SECURITY AGREEMENT AND CONSIGNMENT AGREEMENT, TITLE TO GOODS PASSES TO THE BUYER UPON DELIVERY TO THE TRANSPORTATION COMPANY AT POINT OF SHIPMENT. ALL GOODS ARE SHIPPED AT BUYER’S RISK. BUYER SHOULD EXAMINE SHIPMENTS CAREFULLY FOR LOSS OR DAMAGE AND SHOULD HAVE SAME NOTED BY TRANSPORTATION AGENT ON THE FREIGHT BILL BEFORE ACCEPTING DELIVERY.  IT IS THE BUYERS RESPONSIBILITY TO CLAIM DAMAGE AND RECEIVE REIMBURSEMENT FOR DAMAGED SHIPMENT FROM THE CARRIER.

The terms and conditions stated hereon constitute the full understanding between HVAC-Direct.com and the buyer, and no terms, conditions, understanding or agreement purporting to modify or vary these terms shall be binding unless hereafter made in writing and signed by an officer of HVAC-Direct.com and an authorized representative of the buyer.

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