Terms and Conditions
1. PAYMENT:
By making a purchase on SwampCoolers.com, hereafter referred to as "CUSTOMER," you agree to pay the rates specified in the attached order. Payment for the equipment is due before the delivery of the Equipment to the CUSTOMER or its agent or carrier. If any payment is returned, the CUSTOMER is responsible for all collection costs, including but not limited to, attorneys' fees incurred by SwampCoolers.com.
2. LOADING AND TRANSPORTATION:
CUSTOMER is responsible for the cost of transporting the Equipment to the CUSTOMER's receiving point. Any undamaged equipment CUSTOMER wishes to return must be in new condition, damage-free, and will incur a 40% restocking fee. CUSTOMER is also responsible for the original shipping charges as well as the return shipping cost. Any damaged shipment, shipped on CUSTOMER's freight account, should not be returned to SwampCoolers.com. CUSTOMER must file a freight claim with their freight carrier. If the product is damaged when shipped on SwampCoolers.com's freight account, CUSTOMER must notify SwampCoolers.com within 48 hours to report damage. Notations must also be made to the freight carrier noting the damage. If carrier notations and notifications to SwampCoolers.com are made, SwampCoolers.com will work to ship a replacement.
3. RECALLING AND RETURNING NOTICE:
SwampCoolers.com may recall any or all Equipment upon thirty (30) days written notice to the CUSTOMER.
4. USE AND MAINTENANCE:
CUSTOMER shall not use, operate, maintain, or store the Equipment improperly, carelessly, or in violation of any applicable law or regulation or for any purpose other than in the conduct of CUSTOMER's business. CUSTOMER shall maintain the Equipment in good operating order, repair, and condition as specified in the applicable operator's guide, service manual, or maintenance guide. Any alteration or addition to the Equipment shall be the sole responsibility of the CUSTOMER.
5. WARRANTY:
SwampCoolers.com makes no warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. CUSTOMER acknowledges and agrees that the Equipment purchased hereunder is of a size, design, and make selected by CUSTOMER and is suitable for CUSTOMER's purposes.
6. INSPECTION:
Before the Equipment is loaded for shipment to CUSTOMER's receiving point, the CUSTOMER may require an inspection by a qualified inspector. If the CUSTOMER does not inspect the Equipment before transit, the CUSTOMER is conclusively deemed to have accepted that the Equipment is in good running order.
7. DAMAGE TO EQUIPMENT:
Any damaged shipment, shipped on CUSTOMER's freight account, should not be returned to SwampCoolers.com. CUSTOMER must file a freight claim with their freight carrier. If the product is damaged when shipped on SwampCoolers.com's freight account, CUSTOMER must notify SwampCoolers.com within 48 hours to report damage. Notations must also be made to the freight carrier noting the damage. If carrier notations and notifications to SwampCoolers.com are made, SwampCoolers.com will work to ship a replacement.
8. INDEMNIFICATION:
CUSTOMER shall indemnify, defend, and hold harmless SwampCoolers.com against any loss, expense, liability, or penalty arising out of any act or omission of CUSTOMER, CUSTOMER's employees, agents, assigns, subcontractors, or any third party not employed by or under the control of SwampCoolers.com, related to the operation, handling, maintenance, or transportation of the Equipment.
9. INSURANCE:
CUSTOMER shall maintain public liability and property insurance to protect both CUSTOMER and SwampCoolers.com against damage to property or persons from the operation, handling, or transportation of the Equipment. CUSTOMER is also responsible for covering possible loss by fire, theft, damage, or other risk of loss.
10. TERMINATION OF THIS AGREEMENT:
Upon purchase of equipment, CUSTOMER approves all terms of this agreement.
11. TAXES AND FEES:
CUSTOMER shall pay all applicable sales and use tax, personal property taxes, license fees, and registration fees imposed upon the possession, lease, or use of the Equipment.
12. AIR QUALITY:
CUSTOMER shall comply with all laws, rules, and regulations regarding the operation of the Equipment under any local, state, or Federal Air Quality Legislation.
13. OWNERSHIP AND ENCUMBRANCES:
Title to and ownership of the Equipment is, and shall at all times remain with CUSTOMER upon payment in full.
14. LIABILITY LIMITATION:
Under no circumstances shall SwampCoolers.com be held liable for any special, indirect, incidental, or consequential damages. The contract price shall be the limit on SwampCoolers.com's liability, whether founded in contract, statute, or tort (including negligence), arising out of, or resulting from this Agreement, the design, manufacture, delivery, sale, repair, replacement, or the use of any Equipment, or the furnishing of any service.
15. SEVERABILITY:
If any provision of this Agreement is invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and all other provisions will be interpreted and deemed modified to the extent allowed by law.
16. GOVERNING LAW AND CIVIL ACTIONS:
This Agreement shall be governed by the laws of the State of Texas. Both parties agree that any civil action or lawsuit arising from this Agreement shall be commenced within two (2) years from the date such claim or cause of action arose.
17. AMENDMENTS:
No change, modification, amendment, or waiver of any terms or conditions of this agreement shall be binding upon the parties unless made in writing and duly executed by both parties hereto.
18. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all previous or contemporaneous statements, purchase orders, agreements, and representations. There are no other agreements, understandings, terms, or conditions, and neither party has relied upon any representation or warranty, express or implied, not contained in this Agreement.
19. ACCEPTANCE:
By accepting the equipment or services described on the face of this Agreement or acknowledging receipt of this Agreement, CUSTOMER assents to all its terms and conditions. Any terms proposed by CUSTOMER, including those in CUSTOMER's purchase orders, that conflict with the terms herein are hereby objected to. This Agreement, whether used as an offer, acceptance, or confirmation of a contract, is conditioned on and limited to its terms.
