|ANDRE HVAC International Inc|
|Vibration, Shock & Noise Control Products|
|+1.888.206.2987 (Toll Free)|
1. Quotation: AHI’s written quotation is valid for thirty (30) days from the date of quotation unless otherwise agreed in writing. Products selected in quotations are due for revision if conditions affecting their selection change.
2. Payment Terms: AHI’s standard term is net 30 days from the date of invoice. For non-approved buyers, full advance payment is required before AHI releases product for manufacturing or before shipment. If the buyer does not pay within agreed terms, the buyer shall be responsible to pay all costs, fees and expenses that may be incurred by AHI in its attempt to collect the balance owed to them. This includes but is not limited to fees charged by collection agencies and/or attorneys.
3. Late Payment: Late payment charges of 2% per month or 24% per annum will be charged on all overdue payments beyond the accepted payment term.
4. Delivery of Goods: Commitment of delivery date is on EXW AHI’s warehouse basis and not to the buyer’s warehouse and/or site. Any delay due to transporter is not AHI’s responsibility. Any type of penalty caused due to, but not limited to, delay in shipment and inability to meet the delivery date is unacceptable to AHI. AHI will not be held responsible for any loss, delay or damage caused during transit.
5. Force Majeure: AHI will not be liable for delay resulting directly or indirectly from fire, strike, war and acts of God or by any other cause beyond the reasonable control of AHI.
6. Product Storage: At the request of the buyer, the AHI can hold the shipment for some reasonable period but AHI is entitled to recover a storage cost.
7. Retention amount: AHI will not accept any retention and/or deduction under any circumstances.
8. Penalty/Charges: Charges including, but not limited to, back charges, penalties, fines, material charges and labour charges, will not be accepted unless authorised in writing by AHI.
9. Warranty: AHI warrants all products manufactured by AHI, against failure due to defect in materials, workmanship, or manufacturing processes, under normal use. All warranty duration, in months, is Eighteen (18) Months from the Date of Invoice or Twelve (12) Months from the Date of Installation, whichever occurs first. If a part fails due to defect during the applicable warranty period, AHI will provide a new or remanufactured part, at AHI’s option, to replace the failed defective part, at no charge for the part. Alternatively, and at its option, AHI will allow a credit in the amount of the then factory selling price for a new equivalent part, towards the retail purchase price of a new AHI product. Except as otherwise stated herein, those are AHI’s exclusive obligations under this warranty for a product failure. All warranties in this document are subject to all provisions, conditions, limitations, and exclusions listed below.
• This warranty is to the original purchasing owner and subsequent owners only to the extent and as stated below.
• If a part fails due to defect during the applicable limited warranty time period, a one-time replacement with a comparable AHI product will be provided, the remaining balance of the original warranty is thereafter voided.
• Any replacement parts are not covered under this warranty
• Defective parts must be returned, at the purchaser’s expense.
• Replacement part(s) are to be supplied on, 2010 Incoterm, EXW AHI’s Warehouse, Brampton, Ontario basis.
This warranty does not cover:
o Labor or other costs incurred for diagnosing, repairing, removing, installing, shipping, or handling of either failed parts, or replacement parts, or new products.
o Damage or repairs required as a consequence of improper shipping or handling, faulty installation, misapplication, abuse, unauthorized alteration, and/or improper use
o Failure or damage as a result of floods, winds, fires, lightning, accidents, rust and wear, or other conditions beyond the control of AHI.
o Parts not supplied or designated by AHI, or damages resulting from their use.
o Any special, indirect, or consequential property or commercial damage of any nature whatsoever.
o Any product not purchased through AHI or an authorized representative or distributor.
Limitations of Warranties:
All implied warranties (and implied conditions in Canada) including implied warranties or conditions of merchantability and fitness for a particular use of purpose are hereby limited in duration to the period for which the limited warranty is given and applies. All warranties and conditions made in this warranty are exclusive and may not be altered, enlarged, or changed by any representative, distributor, dealer, or other person, whatsoever.
This warranty does not apply to products subject to any alteration, misuse and mishandling.
10. Returns: Return of goods is not acceptable once sold except by the written permission of AHI; all returns will be subject to a minimum 25% handling/restocking charge. Buyer will be responsible for shipping the products back to AHI.
11. Cancellation: AHI will not accept any cancellation of a confirmed order.
12. Product Performance: AHI will not be held responsible if the product is incorrectly selected by the buyer. Any damages and/or losses caused due to incorrect selection are the sole responsibility of the buyer. AHI will not be held responsible, if the product is selected based on verbal and/or written incorrect information provided by the buyer.
13. Order Acceptance: All purchase orders are subject to acceptance by AHI. AHI, at its sole discretion, has the right to terminate or suspend any pending purchase orders following acceptance of the purchase order due to any unforeseen circumstances related to the buyer.
14. Acceptance of terms and conditions: No response by the buyer with regards the terms and conditions within five business days from the date of their receipt will be taken as the buyer’s acceptance of all the clauses herein stated.
15. Product modification/changes: AHI reserves the right to update/modify any dimensional/performance data at its sole discretion, based on research, development and testing