V1.5 ©2009 JetAir Technologies, LLC
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Usage that is not in accordance with product instructions, including altering or resetting AC Drive
programming or connecting the Blower motor directly to line power
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Connecting or combining either input and/or output of two or more Blowers
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Failure to perform preventive and routine maintenance, including routine filter replacement
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Use of accessories, parts, or components not supplied by JetAir
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Products with missing or altered serial numbers
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Products for which JetAir has not received payment in full or within payment terms
Payment Terms
Terms of payment are within JetAir's sole discretion, and unless otherwise agreed to by JetAir, payment must be received
by JetAir prior to JetAir's acceptance of an order unless otherwise agreed to terms. Payment for the products will be made
by check, credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to
by JetAir. Invoices are due and payable within the time period noted on your invoice, measured from the date of the
invoice. JetAir may invoice parts of an order separately. A Late Fee of 1.5% per month will be applied to unpaid invoice
balance outstanding beyond the Due Date terms stated on the invoice. In the event your account is turned over to a
Collection Agency or attorney for past due balances, you agree to pay, in addition to the delinquent amount, all service
charges, actual court costs, plus collector’s and/or attorney’s fees.
Cancellation, Errors, Special Orders
Your order is subject to cancellation by JetAir, in JetAir's sole discretion. JetAir is not responsible for pricing, typographical,
or other errors in any offer by JetAir and reserves the right to cancel any orders resulting from such errors. Special Orders
are define as orders that include custom fabrication and/or inclusion of 3
rd
party supplied components. Special Orders
require 50% deposit at the time of order. Special Order deposits are non-refundable under any condition.
Customer Purchase Order Terms & Conditions
Any additional or different terms proposed by the customer in any purchase order or other document are hereby deemed to
be material alterations and notice of objection to them is hereby given. Any proposed terms shall be void and the terms
herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between the
parties. Neither JetAir's acknowledgement of a purchase order nor JetAir's failure to object to conflicting, different, or
additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a
waiver of the provisions hereof.
Shipping Charges, Taxes, Title, Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from
JetAir to Customer on shipment from JetAir's facility. Loss or damage that occurs during prepaid shipping by a carrier
selected by JetAir is JetAir's responsibility. Loss or damage that occurs during freight collect or shipping by a carrier
selected by you is your responsibility. You must inspect all incoming shipments from JetAir immediately and notify the
carrier upon delivery if you see any damage. You must notify JetAir within 21 days of the date of your invoice or
acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide JetAir with a
valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are
responsible for sales and other taxes associated with the order. JetAir is not responsible for any import duties, taxes, and
fees on exported shipments. Shipping dates are estimates only.
Other Documents
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise
agreed to in a written agreement signed by both you and JetAir. If you do not receive an invoice or acknowledgement in
the mail, via e-mail, or with your product upon delivery, information about your purchase may be obtained by contacting
your sales representative.
Claims of Confidentiality or Proprietary Rights
Customer agrees that any information or data disclosed or sent to JetAir, over the telephone, electronically or otherwise, is
not confidential or proprietary to Customer unless a separate non-disclosure or confidentiality agreement exists.
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY
(WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND JETAIR arising from or relating to this
warranty, its interpretation, or the breach, termination or validity thereof, the relationships which result from the terms
described herein, JetAir's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES.
Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING,
PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS)
BETWEEN CUSTOMER AND JETAIR, its agents, employees, principals, successors, assigns, affiliates (collectively for
purposes of this paragraph, "JetAir") arising from or relating to this “Warranty and Terms & Conditions”, its interpretation,
or the breach, termination or validity thereof, the relationships which result from these “Warranty and Terms & Conditions”
(including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this
agreement), JetAir's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure then in effect
(available via the Internet at
http://www.arb-forum.com
, or via telephone at 1-800-474-2371). The arbitration will be
limited solely to the dispute or controversy between Customer and JetAir. NEITHER CUSTOMER NOR JETAIR SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction may involve
interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any
award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court
of competent jurisdiction. JetAir will be responsible for paying any arbitration filing fees and fees required to obtain a
hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction
