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Terms & Conditions
Terms and Conditions of Sale
These General Terms and Conditions of innovateIT Car Wash Equipment LLC (referred to hereinafter as “ICWE”) shall apply to all equipment, part supplies, or services provided by ICWE to the person or legal entity (referred to hereinafter as the “Buyer”) as denoted on the purchase contract. ICWE expressly rejects any references or counter-confirmations from the Buyer asserting its own terms and conditions of business or purchase and does not accept any such terms and conditions deviating from ICWE’s General Terms and Conditions, unless expressly agreed to and approved in writing.
These General Terms and Conditions shall also apply for all future transactions with the Buyer even without subsequent express agreement.
Orders, Changes, and Cancellations
Unless otherwise agreed, a purchase contract shall take effect upon receipt of a signed order confirmation from the Buyer. The Buyer is responsible for the correctness of the order confirmation, including items being purchased, quantities, pricing, discounting, and bill-to and ship-to designations. The prices specified are based on costing at the time of the signed order confirmation, however ICWE reserves the right, even after a purchase contract is in effect, to change prices if more than 180 days lies between purchase contract and an agreed-upon delivery date.
Purchase contracts and orders from the Buyer shall be binding and noncancellable. Changes to a purchase contract either by design and/or scope of supply may result in changes to the price and/or delivery and require a signed change order confirmation from the Buyer.
Equipment will be produced, shipped, and billed per these General Terms and Conditions.
Confidentiality
ICWE retains all property rights and copyrights for all content provided to the Buyer, including documents, data carriers, figures, drawings, patterns, costings, and cost estimates. They must not be used for purposes other than those stipulated in the purchase contract and must not be made accessible to third parties without ICWE prior written permission. At ICWE’s request, the information, including any and all copies thereof, shall be returned to ICWE without undue delay. These provisions shall not apply to information that is publicly available or has lawfully come into the Buyer’s possession.
The Buyer shall be solely responsible for checking whether the documents, data, figures, drawings, templates, and other information that the Buyer has provided ICWE infringe upon the rights of any third party. If a third party holds us liable for copyright and/or industrial property right infringements or for a violation of any law against unfair competition due to our use, exploitation, or reproduction of the documents and samples, the Buyer must assist ICWE in our defense in connection with such infringements and compensate us for any and all damage and losses (including lawyers’ fees and the cost of judicial proceedings).
Payment
Upon receipt of a completed purchase contract, a non-refundable deposit of 50% of the total order shall be made to ICWE by the Buyer.
Payment must be made in full before any equipment on the purchase contract is shipped. Payment shall not be regarded as having been made until the funds are available for ICWE use. ICWE will accept checks only if they are drawn on a U.S. bank and payment will not be regarded as having been made until the check is redeemed.
ICWE reserves the right to withhold shipment of new orders if Buyer has any outstanding payments until all outstanding dept is paid in full. Late payments will accrue interest charges at the rate of 1.5% of the outstanding balance per month.
Shipping and Returns
Our items are always shipped and transported uninsured and at the expense of the Buyer. If the Buyer does not desire any special shipping method, ICWE will choose the one that appears to be the least expensive. The Buyer shall bear the risk of accidental loss or accidental deterioration of the items being shipped. At the wish of the Buyer and at the Buyer’s own expense, ICWE can insure the shipment against transport, fire and water damage as well as breakage, theft, and other insurable risk.
All ICWE equipment orders are shipped FOB ICWE headquarters in Albany, New York. Subcontracted or drop shipped orders are shipped FOB point of manufacturer. If the item(s) to be supplied is/are ready for shipping and notification has been given to the Buyer and if the shipment is delayed for reasons for which ICWE is not responsible, the Buyer shall be responsible for any charges, including but not limited to additional freight, storage, rerouting, and/or redelivery charges.
Except as expressly set forth herein, Buyer may not return any equipment without ICWE’s written consent. All returns are subject to a restocking fee of 20% and the Buyer is responsible for all shipping and handling charges for the returned equipment. Custom engineered equipment specially ordered by the Buyer cannot be returned.
Warranty
ICWE warrants the supplied equipment for a period of one (1) year from the date of shipment and shall be liable for any defects due to defective materials or workmanship of its own manufactured equipment. ICWE reserves the right and may determine at its sole discretion to either repair or replace any defects of our supplied equipment as long as the Buyer informs ICWE in writing immediately after the discovery of such defects. If the claim proves to be justified, ICWE shall bear all required expenses, in particular shipping, transport, transit, labor and material costs, so long as they do not increase due to the supplied items having been brought to a location other than the delivery address listed on the purchase contract.
ICWE shall not be liable for damages caused by improper or unsuitable use of the supplied equipment, particularly due to incorrect or negligent handling, improper maintenance, incorrect installation or commissioning of the equipment, or improper or incorrect utility supplies (electrical, water, or air).