Terms and Conditions
The following standard Fume Dog return policy applies:
All returned items must be unused and in new, sellable condition. You are responsible for all shipping and handling fees on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. You will receive a full refund of the purchase price less the shipping fee (if applicable) within approximately 3 business days after the returned item is received; your refund will be credited back to the same payment method used to make the original purchase on the Site. A Return Merchandise Authorization (RMA) number must be requested by emailing email@example.com within 30 days of delivery of the ordered item. No returns of any type will be accepted without an RMA number. Please include your order number and full billing name in the email’s subject line. We will reply to your email within approximately 24 business hours with return instructions and the shipping address. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
Unless indicated otherwise, explicitly, all company, product, brand, and service names, trademarks and registered trademarks are not our property but the property of their respective owners. All of these designations and part numbers referred to herein are for identification and compatibility purposes only. Use of these names, trademarks and brands does not imply endorsement or license by or affiliation with their respective owners.
1. SALE OF EQUIPMENT.
Seller will sell to Buyer, and Buyer will purchase from Seller, the equipment described in Seller's proposal (individually and collectively referred to as the "Equipment"), subject to the terms and conditions set forth herein (this “Agreement”).
2. PRICES AND TERMS.
The Purchase Price of the Equipment shall be as set forth in Seller's proposal. In addition, Buyer will pay or reimburse Seller for the amount of any sales, use, excise or other tax now or hereinafter imposed by reason of the production, sale, transportation, delivery or installation of the Equipment. Terms of payment are as set forth in Seller’s proposal and, if not set forth therein, shall be net ten (10) days following date of invoice.
The delivery date set forth in Seller's proposal is Seller's best estimate of when the Equipment will be delivered to carrier and will not be deemed to represent a fixed or guaranteed delivery date. Title to and risk of loss of the Equipment will pass to Buyer upon delivery to the carrier at point of shipment.
Installation of the Equipment by Seller is not included unless specified in Seller's proposal. If installation by Seller is included, and delays at the installation site require Seller to expend more time than is customarily allotted for installation of such Equipment, Buyer will pay Seller at Seller's rates then in effect for such additional time.
All Seller products come with a standard 1 year unit warranty on everything but consumable parts, fuses, light bulbs, filters, etc. Seller, warrant to the original purchaser that the major structural components of the goods will be free from defects in material and workmanship for one (1) year from the date of shipment. This warranty applies if the products are properly installed, maintained and operated under normal conditions. Seller does not warrant against damages due to corrosion, abrasion, normal wear and tear, any product modification, product misapplication, or consumable parts (filters, lights, fuses, etc.). Seller makes no warranty as to any components manufactured or supplied by others. These components include electric motors, fans and control components. After Seller has been given adequate opportunity to remedy any defects in material or workmanship, Seller retains the sole option to accept return of the goods, with freight paid by the purchaser, and to ship a new cabinet to the purchaser (Purchaser pays the freight). This after confirming the goods are returned undamaged and in usable condition. Such a “trade” will be the full extent of Seller’s liability. Seller shall not be liable for any other costs, expenses or damages whether direct, indirect, special, incidental, consequential or otherwise. The terms of this warranty may be modified only by a special warranty document signed by a Director of Seller.
Buyer assumes all responsibility for warning and protecting its employees and independent contractors with respect to all hazards to persons and property in any way connected with the Equipment and the use thereof. Seller's liability for any claim of any kind hereunder, whether or not based on contract, tort (including negligence), strict liability, warranty, or any other grounds, will not exceed the purchase price of the Equipment or the portion of the purchase price attributable to any part or parts of the Equipment in respect to which such claim is made. Seller will not be liable to Buyer for any incidental, consequential, indirect, special or exemplary damages (including, without limitation, lost profits, sales or other similar damages) arising in connection with this Agreement without regard to the nature of the claim or the underlying theory or cause of action (whether in contract, tort, strict liability, equity or any other theory of law) on which such damages are based. Without limiting the generality of the foregoing, Seller will have no liability with respect to the results obtained by use of the Equipment, whether in terms of product condition, operating cost, general effectiveness, success or failure, or regardless of any statement made in any written proposal submitted by Seller. It is expressly understood that any technical advice furnished by Seller with respect to the Equipment is given gratis and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer's risk. Each party hereby indemnifies and holds harmless the other party from and against any and all costs, fees (including reasonable legal fees and expenses), damages liabilities and claims arising from the injury, illness or death of the indemnifying party's employees in any way related to the Equipment, whether or not such injury, illness, or death is claimed to have been caused by, resulted from, or was in any way connected with the negligence of the party to be indemnified. Buyer hereby waives any right of subrogation that Buyer, any insurer of Buyer or any third party making a claim through Buyer, may have under this Agreement. Buyer hereby indemnifies and holds harmless Seller from and against any and all costs, fees (including reasonable legal fees and expenses), damages, liabilities and claims arising from any and all sales and use taxes due in connection with the sale, ownership, use or transfer of the Equipment and personal property taxes relating to the Equipment that arise or accrue from and after the date hereof.
Seller will not be liable for default or delay in the performance of any of its obligations hereunder due to act of God, accident, fire, flood, storm, riot, war, act of terrorism, sabotage, explosion, strike, concerted acts of workers, national defense requirements, governmental law, ordinance, rule or regulation, whether valid or invalid, extraordinary equipment failure, inability to obtain electricity or other type of energy, raw or finished material from normal sources of supply, labor, equipment or transportation, or any similar or different contingency beyond its reasonable control which would make performance commercially impracticable whether or not the contingency is of the same class as those enumerated above, it being expressly agreed that such enumeration is non- exclusive; provided, however, that neither business downturn nor economic conditions will qualify as a contingency within the meaning of this Section 7.
8. PROPRIETARY INFORMATION.
Buyer will maintain all proprietary and confidential information disclosed by Seller, including such information obtainable upon examination of the Equipment, in strict confidence and will refrain from any disclosure thereof to any third party (including any affiliate of Buyer), for any purpose, without the prior written consent of Seller. Buyer will use said information solely for purposes of maintaining and operating the Equipment, and will refrain from any use of the Equipment to design, construct, and/or operate any duplication or modification of the Equipment, or from any other use thereof, without the prior written consent of Seller. Any software, as defined below, information, logos, trademarks or trade dress and other written materials provided under this Agreement are covered under the copyright, trademark, trade secret and related intellectual property laws of many countries. Such intellectual property rights remain the excusive property of Seller.
To the extent necessary to use the Equipment, Seller hereby grants to Buyer a non- transferable, non-exclusive license to use in accordance with the terms of this Agreement any software furnished by Seller with the Equipment. The term "software" will mean all the program codes, any subsequent corrections, new release modifications and updates and associated documentation and manuals. Buyer acknowledges that any software so furnished by Seller is the property of Seller and Buyer will not remove any identification, trademarks or notices of any proprietary restrictions from such software. The techniques, algorithms, and processes contained in the software constitute valuable trade secrets and/or proprietary information of Seller and will be used by Buyer only for Buyer's own internal needs. Such software will not be sold, sublicensed, marketed, leased or in any way conveyed to a third party without Seller's prior written authorization. Buyer will not use such software to do consulting for other parties. Buyer will be given one copy of such software and will not have the right to copy or modify such software in any way.
If Buyer exports any Equipment outside of the country in which the Equipment is delivered to Buyer, Buyer assumes responsibility for complying with applicable laws and regulations and for obtaining required authorizations. Buyer will not export or re-export any technical data in violation of United States export laws or regulations.
This Agreement supersedes any prior agreement or agreements between Buyer and Seller relating to the sale of the Equipment. The entire agreement is contained herein. There are no other promises, representations or warranties with respect to the Equipment and any other or different terms or conditions in any purchase orders, or other documents issued or accepted hereunder will be deemed null and void. No modification or waiver of this Agreement will bind either party unless expressly set forth in writing and manually signed and accepted by an authorized representative of the party sought to be bound by such writing. A waiver of any of the terms and conditions hereof will not be deemed a continuing waiver, but will apply solely to the instance to which the waiver is directed. Any headings contained in this Agreement are used only as a matter of convenience and reference, and are in no way intended to define, limit, expand or describe the scope of this Agreement. Terms used herein without definition are used as defined in Seller’s proposal. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. Any assignment of this Agreement by either party without the prior written consent of the other party will be void. This Agreement will be governed by the laws of the State of Connecticut, without reference to its conflicts of laws provisions. Buyer and Seller hereby waive to the fullest extent permitted by law any right to a trial by jury in any action or proceeding based upon, arising out of, or in any way relating to this Agreement.
12. PRODUCT WARRANTY.
Seller agrees to refund any filters that do not match specification provided by customer if notified within 30 days of receipt of filter. Filters will be shipped at Seller’s expense. Buyer must afford the Seller opportunity to verify that the filters do not match specification. Seller is not liable if incorrect specification is provided by buyer to seller. Specification includes part number, type of filter media, inner diameter, outer diameter, height, and square feet of filter media. If Buyer provides incorrect dimensions to Seller, the Filter Guarantee does not apply.