Terms Conditions
ENTIRE AGREEMENT
This agreement states the responsibilities of the buyer and seller. Upon purchase, buyer is agreeing to all terms and conditions set by Xtron Air-conditioning Manufacture (Thailand) Co., Ltd..
CONTROLLING TERMS
Buyer expressly agrees that Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the invoice. No different or additional terms or conditions in buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Xtron Air-conditioning Manufacture (Thailand) Co., Ltd..
ACCEPTANCE OF ORDERS
Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. may accept buyer’s offer to purchase and shall be bound to supply the applicable goods in accordance with these terms and conditions either by acceptable electronic transmission, delivery of the goods or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
PRICES
Unless otherwise indicated in invoice, all prices are quoted on an individual basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the product. Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. is not responsible for any third-party charges incurred by the buyer. Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. shall not be held responsible for any installation charges incurred during the installation of the bought product.
DELIVERY
All delivery dates are estimates. Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. shall use its reasonable efforts to deliver purchases within the time specified; however, in no case shall Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. be liable for any expense, loss or damage whatsoever suffered by the buyer as a result of Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. failure to deliver the product by the specified date.
TRANSPORTATION AND RISK OF LOSS
Large purchases are shipped via LTL freight. The freight choice is up to the discretion of Xtron Air-conditioning Manufacture (Thailand) Co., Ltd.. A valid phone number is required at checkout for freight to set up delivery appointment with buyer. During delivery, buyer must inspect merchandise prior to signing for it. If the purchase arrives damaged and the buyer signs the bill of lading without specifying damages, Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. will not be held responsible for compensating buyer for damages or providing a refund or replacement. If the buyer explicitly instructs the freight company to leave the purchase at a location without need for a signature, Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. will not be held responsible for any damages to the freight and will not provide any refunds, reimbursements or replacements.
CANCELLATION OR MODIFICATION
Any orders placed with and accepted by Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. may be canceled without fault by Seller only before the order is processed. If a buyer cancels an order already processed, they will be subject to a restocking fee (25% of order value). If a buyer cancels an order already processed and shipped, buyer will be responsible for a restocking fee (25% of order value), return shipping fee and the first shipping fee included in the original product pricing. These fees are for Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. to recover costs incurred. Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. will not accept cancellations of special orders of non-standard, non-price list products (including open-box items).
TAXES
Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. You will be notified if applicable freight costs will be added to the invoice.
WARRANTY AND DISCLAIMER
Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. warrants that the purchased product is free from defects in materials and workmanship at the time of delivery. All mini split systems must be installed by a Licensed HVAC contractor in order to keep the factory warranty and registered within 60 days of installation otherwise warranty will be voided. All manufacturing issues, defects, technical problems and warranty claims will be with the direct manufacturer and not with Xtron Air-conditioning Manufacture (Thailand) Co., Ltd..
LIMITATION OF LIABILITY
Buyer acknowledges and agrees that Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. liability hereunder shall apply even if Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. liability is due in whole or in part to its own negligence.
RETURN OF MATERIAL
Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. offers a 14-day return policy. Buyers must call Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. to obtain a return authorization number and return the product within 14 days of receipt. To qualify for a refund, returned products must be in their original package (unmarked and unused) and strapped to a pallet for transport by LTL carrier. If returned products appear used, arrive damaged, or need to be re-boxed, the return may be refused. Most ductless air conditioners are offered with free shipping, meaning shipping has been included in the price to provide buyers with the total cost of the order. For returns, buyers are responsible for the original shipping cost, the cost of return shipping and a 25% restocking fee (excluding defective returns). Buyers will be refunded the purchase price minus these fees.
INDEMNITY
Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. and its affiliated or related companies are not responsible for any of the buyer’s claims, losses, liabilities, damages and expenses outside the agreed original purchase exchange. Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. is not responsible for (but not limited to) the following: attorneys’ fees and cost of defense arising from, related to or in any way connected with (or alleged to arise from or out of) any asserted deficiencies or defects in purchased product caused by any alteration or modification done by buyer with or without Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. consent; or improper handling or storage by buyer; the breach of any term or condition stated herein; buyer’s failure to label product or buyer’s improper labeling of product regardless of whether the labeling was done with or without the advice of Xtron Air-conditioning Manufacture (Thailand) Co., Ltd.; or any act or omission of buyer including any claims for or resulting from any injury to person (including death); or damage to property or for economic loss; several or comparative negligence; breach of agreement; breach of warranty or other breach of duty of or by indemnitee or as a result of indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which indemnitee has by law.
NON-ECOMMERCE PAYMENT
Net cash thirty (30) days from the date of invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Xtron Air-conditioning Manufacture (Thailand) Co., Ltd. for any costs incurred in collecting past due sums or any other amounts owed by buyer for any reason whatsoever, including, but not limited to, court costs, freight storage charges and attorneys’ fees.
GOVERNING LAW AND ARBITRATION
This document shall be interpreted and governed by the law of the State of America, excluding its conflicts of laws. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.