By ordering any product or service from Pel-Freez, you signify your receipt and acknowledgement of Pel-Freez terms of sale. Any acceptance of the offer to sell is limited to acceptance of Pel-Freez terms and conditions of sale, as it may be amended or supplemented from time to time and any proposal for additional or different terms, or any attempt by the customer to vary any of the terms is specifically rejected at Pel-Freez’s offer to sell. Pel-Freez does not agree to sell its products or services under any different or additional terms or obligations than those stated herein unless in writing and signed by authorized management personnel.
- All shipping and packing charges and costs are the responsibility of the buyer. All “Deliveries” are freight F.O.B. Rogers, AR. or originating delivery origin of the product. Acceptance is at Delivery and buyer assumes all risk of product loss at Delivery.
- Payment terms are net 30 days in U.S. dollars. Prices are subject to change without notice. For US / domestic orders less than $100 USD a service charge will be added to the invoice; for international shipments, the minimum order value is $250 USD. In the event that an invoice is not fully paid within 30 days of the invoice date, the unpaid balance may be charged interest, which the customer agrees to pay at the rate of 10% per month.
- All Pel-Freez products are warranted to meet Pel-Freez catalog specifications. ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF PEL-FREEZ ARE WAIVED. BUYER ACKNOWLEDGES BY ITS USE OF PEL-FREEZ’S’ PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT BUYER ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE OR PRODUCT YOU MAKE IN CONNECTION WITH PEL-FREEZ’ PRODUCTS. PEL-FREEZ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
All sales are final unless a written return authorization has been agreed to and signed by authorized Pel-Freez management. All return items must pass inspection for return before the return will be considered valid. There is a 20% restocking fee on all products approved and accepted for return.
- Pel-Freez shall not be liable for the loss, damage, detention or delay due to causes beyond its control arising in the manufacture, shipment or delivery of the goods, nor shall its liability under any of the provisions of these conditions extend to consequential damages of any kind, or to freight charges for the return of goods or items to Pel-Freez for examination, if so requested by Pel-Freez.
PEL-FREEZ HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND BUYER HEREBY ACKNOWLEDGES AND AGREES TO THE UNDERSTANDING, THAT PEL-FREEZ WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS US. FURTHER, BUYER AGREES TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS PEL-FREEZ FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PURCHASE AND/OR USE OF ANY PEL-FREEZ PRODUCTS.