15
TERMS AND CONDITIONS
4. DISCLAIMER OF IMPLIED WARRANTIES
Seller makes no other warranties or conditions, express or implied, included, without limitation, the implied warranties or conditions of
merchantability and fitness for a particular purpose. Specifically, except as provided herein and in the standard, seller undertakes no
responsibility for the quality or the goods or that the goods will be fit for any particular purpose for which purchaser may be buying the
goods. Any implied warranty is limited in duration to the warranty period. No oral or written information, or advice given by the company,
its agents or employees, shall create a warranty or in any way increase the scope of this limited warranty.
5. LIMITATIONS OF LIABILITY
Buyer acknowledges that the following limitations of Seller’s liability are fair and reasonable and shall apply to any act or omission
hereunder, as well as to any breach of contract to which these Terms and conditions form a part.
A. Disclaimer of Damages
In no event shall seller (including its subsidiaries, affiliates, officers, directors, employees, or agents) be liable for any special, consequential,
incidental or exemplary damages arising out of or in any way connected with the goods or otherwise, including, without limitation, to
damages for lost profits, cost of substitute or replacement goods, down time, lost data, injury to proper ty or any damages or sums paid by
buyer to third parties, even if seller has been advised of the possibility of such damages. The foregoing limitation or liability shall apply
whether any claim is based upon principles of contract, tort or statutory duty, principles of indemnity or contribution, or otherwise.
In no event shall seller be liable to buyer or any other party for loss, damage, or inju ry of any kind of nature arising out of or in connection
with this warranty in excess of the purchase price of the goods actually delivered to and paid for by the buyer. The buyer’s remedy in any
dispute under this warranty shall be ultimately limited to the purchase price of the goods to the extent the purchase price has been paid.
B. Notice and Time of Claims
Buyer agrees (i) to check and inspect all products against shipping papers and for damage or shortage upon receipt of goods at destination;
(ii) that any claim for loss, damage in transit, or other cause visible upon inspection shall be made within five (5) days of receipt; (iii) that the
parties expressly waive the statute of limitations and that any legal proceeding for any cause of action arising from or relating to this contract
shall be waived unless commenced within two (2) years after the accrual of such cause of action.
6. ATTORNEY’S FEES
Buyer agrees to reimburse Seller for any costs and expenses, including reason able attorney’s fees, incurred by Seller as a result of any
breach or default by Buyer of its obligations hereunder.
7. TERMS
Net 30 Days for those firms furnishing satisfactory credit reference. Interest on accounts overdue more than thirty (30) days will be charged
at a rate of 2% per month or the highest rate permitted by law, whichever is lower (the “Overdue Rate”).
8. QUOTATIONS
Unless otherwise stated, quotations are for 90 day acceptance.
9. MINIMUM ORDER $25.00 Net.
10. SHIPPING TERMS
The method of shipment and carrier shall be determined by Seller unless Buyer shall have specified a method of shipment and carrier
(more) than ten (10) days prior to scheduled shipment. Title and all risks of loss or damage shall pass to Buyer upon delivery to carrier.
We are not responsible for any delays in delivery which are beyond our control such as fires, strikes, delays in transportation or any similar
contingencies. We reserve the right to ship via carriers that in our opinion are the most efficient. Where possible, customer’s routing will be
fol lowed. All orders shipped prepaid will have a nominal administration charge per freight bill.
11. RETURNS
Custom and modified equipment, Rotary and Front Door Style Glass Washers, and Underbar Workstations without cold plates are not
returnable. Return autho rization for all other items must be requested within 90 days. All underbar and refrigeration equipment may only
be returned with original white protective film in place. No returns are to be made to Seller without first obtaining a return autho rization.
No returns will be accepted or credited without such prior authorization and returns may be subject to a restocking charge of 25% of the
purchase price plus transportation charges.
12. SHORTAGE
Krowne must be notified in writing within 5 days of receipt of shipment.
13. TAXES
Buyer will pay when due any and all taxes, tariffs, fees and assessments or any other similar charges imposed upon this contract, the goods
covered hereby or the delivery, installation, use or resale thereof. If Buyer fails to pay any such amount when due, Seller may elect to pay it
and Buyer shall promptly reimburse Seller for such payment, together with interest at the Overdue Rate.
14. GOVERNING LAW
This agreement, and all matters arising hereunder, shall be interpreted and re solved in accordance with the laws of the State of New Jersey,
without giving effect to conflict of law of principles and excluding the United Nations Convention on the International Sale of Goods. Buyer
and Seller submit to the personal juris diction of the state and federal courts of the State of New Jersey and agree that such courts will
have jurisdiction over them in connection with any matter relat ing to or arising under this agreement. Service of process may be made by
regis tered or certified mail, return receipt requested, to the last known address of the party being served. Process may also be served by any
other legal means and Seller may bring an action with respect to any such matter in another jurisdiction.
15. PRINTS AND DRAWINGS
All prints and drawings submitted with orders will be accepted as correct sizes and any errors arising from the same will be the
responsibility of the Buyer. There are no returns or cancellations for equipment built to your specifications.
16. PRODUCT IMPROVEMENT
Due to our commitment to continued product improvement, specifications are subject to change without notice.
17. MISCELLANEOUS
f any of the foregoing Terms and Conditions is declared illegal or unenforceable by a court of competent jurisdiction, it will be ineffective
only to the extent of such illegality or unenforceability, without affecting the validity and enforceability, without affecting the validity and
enforceability of the other Terms and Conditions. The headings used herein are inserted for convenience of reference of these Terms and
Conditions. All prices are in U.S. Dollars.
