Terms & Conditions
High Tech Duct Werks, Inc. - General Terms & Conditions of Sale
1. General: The terms and conditions stated herein are applicable to all orders accepted by High Tech Duct Werks, Inc. (HTDW).
2. Terms: Standard terms for orders require a 50% deposit upon order placement. Final payment terms are determined based on customer credit. Progress payments may be necessary for project completion stages. Credit card payments above five thousand dollars incur a 3% administration fee.
A. Contracts – Installed Projects:
a. 50% Deposit with order
b. 25% Upon invoiced shipment of material or start of the job.
c. 25% Net upon completion and presentation of invoice related to quoted work or upon customer credit terms.
B. Equipment/Material Purchases Only:
a. 25% deposit
c. Terms if applicable
C. Service/Installation Work:
a. Net payment terms within ten (10) days
b. Terms if applicable
D. Past Due Balances: Subject to 1.5% interest per month.
3. Prices: Estimates are in U.S. dollars and valid for 30 days. Estimates do not include taxes unless specified. Orders accepted prior to the price increase are invoiced as estimated.
4. Cancellations/Returns: Canceled orders are subject to a 25% fee, along with additional charges based on work completed.
5. Shipping Schedules: HTDW is not liable for shipping delays beyond its control. Delayed shipments at the Purchaser’s request incur service charges.
6. Electrical Components: HTDW is not responsible for changes to electrical components required by law.
7. Utilities: Purchasers must ensure adequate utility capacities for safe equipment operation.
8. Acceptance and Testing of Equipment: Purchaser inspects and tests equipment upon delivery. Nonconformities must be reported within 10 days.
9. Damage from Fire or Explosion: To minimize the risk of fire or explosion, proper installation, operation, and maintenance of equipment provided by HTDW are crucial. HTDW disclaims liability for damage from fires or explosions regardless of origin. Purchasers are advised to ensure compliance with codes and regulations, including appropriate fire protection systems or explosion venting.
9. Damage from Fire or Explosion: To minimize the risk of fire or explosion, proper installation, operation, and maintenance of equipment provided by HTDW are crucial. HTDW disclaims liability for damage from fires or explosions regardless of origin. Purchasers are advised to ensure compliance with codes and regulations, including appropriate fire protection systems or explosion venting.
10. Risk of Loss: Estimates are F.O.B. place of shipment, with the risk passing to Purchaser upon delivery to a carrier. Damage claims from shipment must be filed by the Purchaser with the carrier.
11. Warranty: HTDW warrants equipment for one year against defects in materials and workmanship upon manufactures limits. Proper installation, maintenance, and operation are prerequisites. Unauthorized repairs or modifications voids the warranty. HTDW provides replacement parts and repairs within the warranty period upon manufacturers’ limits.
12. Limitation of Liability: HTDW's responsibility is limited to repair, replacement, or repayment at its discretion. No liability for special, indirect, or consequential damages. Claims must be made within one year from commissioning, with prior written notice.
13. Security Interest: Purchaser grants HTDW a security interest in equipment until payment.
14. Attorneys' Fees: Parties are liable for reasonable expenses and attorneys' fees incurred in enforcing their rights.
15. Ordinances: Purchaser is solely responsible for licenses, permits, and operating permissions, unless specified in the estimation.
16. Preliminary Notices: Preliminary Notices may be filed as required by State law.
17. Permitting Service: Permitting services incur additional charges, covering city permits, AQMD fees, special engineering, and testing.
18. Costs Related to Obtaining Permits: Undetermined permit-related costs will be billed separately and are due upon receipt.
19. Miscellaneous: These terms and conditions, combined with HTDW's Estimation, constitute the complete agreement. Changes require written consent. Any conflicting terms in the Purchaser’s order are ineffective.
By using this proposal, the recipient acknowledges agreement with the terms outlined herein. Compliance with regulations is the end user's responsibility. HTDW, Inc. will aid in compliance, with ultimate responsibility resting with the end user, excluding initial installation and maintenance by HTDW.
HTDW collects sales tax in applicable states. If sales tax isn't collected during checkout, customers are responsible for paying any required sales or use taxes.
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