TERMS AND CONDITIONS
1. ACCEPTANCE: WE ACCEPT AND CONFIRM YOUR ORDER FOR THE ITEMS, GOODS AND PRODUCTS DESCRIBED ON YOUR INVOICE OR THE COVER PAGE OF THIS CONFIRMATION OF ORDER. BY PLACING AND PAYING FOR THIS ORDER, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF SALE SET FOR THE HEREIN BELOW. NO DIFFERENT OR ADDITIONAL TERMS ARE ACCEPTABLE BY UFO HEATERS UNLESS AGREED ON IN WRITING AND SIGNED BY UFO HEATERS. THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER TERMS AND CONDITIONS APPEARING ON BUYER’S ORDER OR ELSEWHERE AND APPLY TO ALL QUOTATIONS MADE AND ORDERS ACCEPTED BY UFO HEATERS UNLESS SPECIFICALLY STATED TO THE CONTRARY ON THE FACE OF YOUR INVOICE. UFO HEATERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR CLERICAL ERRORS MADE IN ANY QUOTATIONS, ORDERS, OR ANY PUBLICATIONS OR PRINTED MATERIAL SUPPLIED BY UFO HEATERS.
2. Payment: Payment shall be made as follows: All funds for payment shall be in U.S. dollars in the form of cashier’s check, bank check, money order, bank wire transfer, personal check. If payment is made in the form of personal check, bank check, or cashiers check, such payment will be allowed by UFO Heaters to clear prior to shipment of any goods, for a period which will not normally exceed 10 business days. Payment in the form of personal check, bank check, cashiers check, or money order shall be made payable to none other than UFO Heaters. Shipments can be made C.O.D. UFO Heaters reserves the right to refuse to ship of any item unless payment in full is first received whenever, in the sole discretion of UFO Heaters, there is doubt as to Buyer’s ability to pay.
3. Shipment: All goods shall be shipped F.O.B. carrier from our distribution center located in California or anywhere else where manufacturing facilities may be located now or in the future (unless otherwise noted on the front of your invoice). All risk of loss passes to Buyer when the invoiced goods are picked up by the transport / shipping company. If Buyer does not specify a preferred method of shipment, UFO Heaters shall exercise sole discretion in selecting a method of shipment. UFO Heaters uses the major common carriers and delivery services and, for foreign orders, freight forwarders. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. UFO Heaters assumes no responsibility for placing of valuation upon shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by UFO Heaters in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless UFO Heaters has been paid in full for the entire order. An additional addendum to these terms and conditions regarding shipping policies must be signed by the customer before the customer’s items will be shipped.
4. Delivery: The projected shipping or delivery date is UFO Heaters’ reasonable estimate, based on current and anticipated factory loads, of when the order will be shipped. Under NO circumstances is this a guaranteed shipping date. UFO Heaters shall not be liable for damage or for delay in delivery arising from heavier than anticipated factory loads, or slower than anticipated manufacturing process times, or causes beyond its control and without its fault or negligence including, but not limited to, acts of God, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays, and severe weather, or delays caused by default or delay of the subcontractor.
5. Limited Warranty: Any limited warranty which is provided to Buyer by the manufacturer of the item will have a term which is clearly outlined in the product description next to the product on a UFO Heaters website or in UFO Heaters’ printed materials. If, in the product description for an item on the website or in printed materials, there is no warranty information listed for that product, there are no warranties for that product, express, implied, or otherwise. Any limited warranty, where in effect, warrants only that the product will be fit for its intended purpose, merchantable, and without material defect in workmanship and materials for the period outlined for that specific product from the date of purchase only. Any limited warranty for any equipment not manufactured by UFO Heaters will not carry a UFO Heaters warranty of any kind, but UFO Heaters, will to the extent that it can legally and contractually do so, assign to Buyer, at Buyer’s request, all warranties on such Other Equipment, if any, offered by the manufacturer or supplier of such Other Equipment. A product shall not be considered defective if it is a different color than that shown in UFO Heaters publications or websites, and no warranty is made relating to color. All requests from Buyer for warranty work and replacements are subject to product inspection at a facility designated by UFO Heaters. Buyer must ship the product(s) to the address or facility designated by UFO Heaters at Buyer’s expense. Ordinary wear and tear will not invalidate any product’s limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate any limited warranty which the product may carry. Buyer must use stakes, tie-downs and ground covers at all time to ensure the safety of users and the equipment. This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of Buyer. If a returned product is evaluated and found defective from a warranty standpoint, and the warranty for such product is in force, UFO Heaters will bear the cost of the repair of this item. Return shipping costs are the responsibility of the Buyer. No statement, remark, or representation of any employee or agent of UFO Heaters may vary these limited warranty policies unless in writing and signed by the President of UFO Heaters.
6. Inspection & Initial Use: Buyer agrees that under NO circumstances shall buyer book or schedule other business activity which will involve, use, or depend upon purchased but undelivered goods until such time as Buyer has physically received, inspected, tested and approved of such purchased goods. Buyer shall inspect the product(s) promptly upon receipt and shall notify UFO Heaters in writing of any claims, including claims of breech of warranty, within 48 Hours after product is received by or delivered to Buyer. Under NO circumstances shall buyer commence in the use of a product for which customer wishes to submit a written claim upon initial inspection. If Buyer does use said purchased goods, this will constitute a waiver by customer of any right to submit any type of claim against said goods. Failure of Buyer to follow and adhere to the provisions set forth in this paragraph 6 will be deemed to be a waiver of a claim for defective products, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Buyer without defect(s).
7. DISCLAIMER: THE PROVISIONS OF PARAGRAPH 5 OUTLINE UFO HEATERS’ SOLE OBLIGATION AND UFO HEATERS EXCLUDES ALL OTHER REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE AND CUSTOMS OF THE TRADE, WHETHER OR NOT SAID PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. UFO HEATERS FURTHER DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO BUYER OR TO ANY OTHER PERSON FOR INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT, INCLUDING ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT: OR MISAPPLIED: OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS: OR IMPROPERLY INSTALLED OR MAINTAINED.
8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL UFO HEATERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, CONFIRMATION OF ORDER OR UFO HEATERS’ BUYER’S PERFORMANCES OR NONPERFORMANCE, OR ANY ACTS OR OMISSIONS OF UFO HEATERS, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GOODS FOR ANY PURPOSE WHATSOEVER. IN ANY AND ALL EVENTS, IF UFO HEATERS IS FOUND LIABLE FOR DAMAGES, NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS OF PARAGRAPHS 7 AND 8, UFO HEATERS SHALL NOT BE RESPONSIBLE FOR DAMAGES TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BUYER AND BUYER’S CUSTOMERS, FOR AN AMOUNT EXCEEDING THE AMOUNT PAID BY BUYER FOR THE PRODUCTS ORDERED AND CONFIRMED BY THIS CONFIRMATION ORDER.
9. Tolerance: All dimensions, weights, and any other product specifications stated on the UFO Heaters website, or in any catalogue, or other printed document, or elsewhere pertaining to products sold by UFO Heaters are approximate estimates and within industry tolerances, and are not held out to be exact measurements, dimensions, weights or specs.
10. Patents: UFO Heaters makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. If UFO Heaters determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, UFO Heaters reserves the right to cease offering and/or shipping the product, without liability to Buyer.
11. Modifications: Prices are subject to adjustment if buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this Confirmation of Order shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on UFO Heaters unless contained in a writing signed by UFO Heaters and expressly stating both that such terms are being modified and the nature of such modifications. This order cannot be changed after (2) from the order date have passed, unless UFO Heaters and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
12. Cancellation: Buyer may cancel this order without additional cancellation fees in whole or in part, only upon written notice to UFO Heaters and only within the same day that the order was placed, provided some or all of the goods have not already been shipped. Unless cancelled within the same day the order was placed, Buyer shall be liable for the payment of cancellation charges, which charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by UFO Heaters that is properly allocable to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that UFO Heaters would have made from full performance by UFO Heaters, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by UFO Heaters in making settlement and effecting collection hereunder. In no event will the fee for Buyer’s ultimate cancellation of an order be less than ten percent (10%) of the total order, but no such cancellation fee will be imposed if Buyer complies with the first sentence of this Paragraph 12.
13. Returns Policy: UFO Heaters does not accept returns. Items purchased are not returnable other than for warranty repairs.
14. Taxes: All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.
15. Interpretation: The rights and liabilities arising out of this contract with UFO Heaters shall be determined under the Uniform Commercial Code as enacted in the state in which UFO Heaters’ Headquarters are located without application of choice of law rules or the United Nations Convention on Contracts for the Sale of goods (as to foreign shipments).
16. Effect of Breach on Risk of Loss: Breach of this contract by UFO Heaters shall have no effect on the provisions controlling the risk of loss of the goods.
17. Use and Indemnification: Buyer (Person, company or entity purchasing the product or device), is solely responsible for the manner of use of the products and other equipment purchased from UFO Heaters. Buyer is solely responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations (e.g. weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. Buyer acknowledges that they received, read and fully understand all necessary instructions for the safe setup and operation of their product or device. Buyer agrees to operate their product or device according to the instructions established in the owner’s manual or listed on the UFO Heaters’ Website. Buyer agrees to operate their product or device according to all of their state and local requirements. Buyer agrees to train any person(s) operating the product or device in the safe operation of the product or device including safe handling of emergency situations. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of the users and the general public. Buyer agrees to indemnify, hold harmless and defend UFO Heaters and UFO Heaters insurers and suppliers from actions and claims of third parties, including customers of Buyer and users of the goods and products sold to Buyer arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event UFO Heaters is required to commence an action to enforce this provision, Buyer shall pay all of UFO Heaters’ legal costs and expenses.
18. Integration: There are no representations, warranties or conditions express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by UFO Heaters. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements. These terms and conditions may from time to time be updated without notice to the public, or to buyers. Updated versions will be posted on the UFO Heaters website and will supersede all prior versions and will govern all previous purchases/sales.
19. Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the laws governing the state in which UFO Heaters’ Headquarters are located shall govern such action. Venue shall be in or near the city and state where UFO Heaters’ Headquarters are located, and the action shall be brought in the State or Federal courts of appropriate jurisdiction based on the location of UFO Heaters’ Headquarters.