TERMS OF SALE
Entire Agreement: These terms and conditions constitute the entire agreement between the purchaser ("Buyer") and KING PUMPS, Inc. ("Seller"). Buyers assent shall be presumed from the acceptance of any part of the goods or services to which this contract relates. The Seller is not bound by any terms on Buyer's order blanks which attempt to impose any conditions at variance with the Seller's terms and conditions of sale which are included herein. All representations, promises, warranties or statements by any agent or employee of Seller that differ in any way from the terms and conditions herein shall be given no effect or force.
Seller makes no warranties to consumers as defined in the Magnuson-Moss Warranty-Federal Trade Commission Act.
Limited Manufacturer's Warranty: All products are warranted to the final buyer by their respective manufacturers and not by Seller. Copies of such warranties are supplied with the product or are available from the manufacturer. Most manufacturers do not warrant mechanical seal life. Typical manufacture warranties cover defects in materials and workmanship for one year. As a service, you may obtain a copy from Seller by requesting same. SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY DISCLAIMED. Limitation Of Remedy: EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY, EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. Buyers are responsible for all incoming or outgoing freight charges.
Manufacturer’s Limited Warranty Exclusions The manufacturer’s limited warranty exclude labor, transportation and related costs; service, installation and reinstallation costs of repaired equipment; service, installation and reinstallation costs of replacement equipment; consequential damages of any kind; reimbursement for loss caused by interruption of service and shipping and delivery charges
Information Accuracy Disclaimer: Seller makes reasonable efforts to see that information and documents provided by Seller are accurate and current. They may, nevertheless, contain inadvertent errors, omissions, typographical mistakes or other technical or substantive inaccuracies. Buyer assumes the full risk and responsibility for the use of any information or documents obtained from Seller or accessed through the Seller’s internet websites.
Installation and Repairs Disclaimer: Installation and parts manuals are provided only as reference tools. Seller makes no representation or warranty of any kind to the Buyer that he or she is qualified to neither install nor make any repairs to the product. Seller expressly states that installation, repairs and parts replacements should be undertaken by competent and qualified persons, technicians or contractors and not by the Buyer. The Buyer assumes all risk and liability arising out of his or her installation or repair to the original product.
Interpretation of Plans or Specifications Disclaimer: Seller assumes no responsibility whatsoever for Seller’s interpretation of plans or specifications provided by Buyer. Buyer’s acceptance must be premised on final approval by architects and engineers, and not on the seller’s interpretation.
Links to Third Party Sites Disclaimer: Links provided on Seller’s Websites may allow the Buyer to leave sellers sites. The linked sites may not be under the control of Seller, and Seller shall not be responsible for the content of any linked site or link contained in a linked site. Seller may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by Seller of that site.
Recommendations Disclaimer: Recommendations, opinions or advice as to the choice, installation, or use of products are given and shall be accepted at Buyer's risk and shall not constitute any warranty or guarantee of such products or their performance.
Responsibility Disclaimer: Buyer shall determine the suitability of any product for its intended use and assume all risk in connection therewith. Buyer assumes the full risk and responsibility for the use of any information or documents obtained from Seller. or accessed through the Seller’s websites. Buyer assumes all risk and liability arising out of his or her installation or repair to the original product.
Technical Information Disclaimer: The technical information provided by the Seller or accessed through the Seller’s websites is for educational purposes only. Technically qualified personnel should install pumps and motors. Seller recommends that a competent and qualified person install all new systems and replace existing pumps and motors. Failure to install in compliance with local and national codes and manufacturers recommendations may result in electrical shock, fire hazard, unsatisfactory performance, and equipment failure.
Trademarks, Manufacturer's Names & Logos Disclaimer King Pumps Inc. is an independent supplier of products. Trademarks, manufacturers names and logos are the property of each manufacturer or its affiliates and are solely used within our web site and shopping cart to identify their respective products.
Transmission of Viruses Disclaimer Computer viruses can be transmitted via email. The recipient should check this email and any attachments for the presence of viruses. The organization accepts no liability for any damage caused by any virus transmitted by this email. Email transmission cannot be guaranteed to be secured or error-free, as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message which arise as a result of email transmission.
Acceptance: All equipment is subject to inspection by Buyer upon receipt, and unless Seller is advised to the contrary in writing within 5 days, it will be deemed accepted as conforming with the requirements of the order and all visible defects.
Cancellation and Alteration: Orders once placed with and accepted by Seller can be canceled or altered only with the Seller's consent and upon payment of storage restocking charges and terms that will indemnify Seller against loss.
Collection Costs: Buyer agrees to pay all costs of collection, including reasonable attorney's fees.
Delays: The Seller will not be liable for any damages caused by delays beyond the Seller’s reasonable control including, without limitation, fire, strike, act of Buyer, restrictions by civil or military authority, act of God, transportation failures or inability to obtain labor materials or manufacturing facilities. In the event of any such delays, the date of delivery shall be extended for a period equal to the time loss by reason of the delay.
Delivery: Delivery of equipment shall be made F.O.B. Factory or point of shipment unless otherwise stated. Shipping dates are estimates only. Buyers are responsible for all incoming or outgoing freight charges.
Deposits On Account: All deposits requested or required by Seller are nonrefundable. Should the Buyer default in the payment terms, or fail to comply with this agreement, Seller shall use the proceeds to cover expenses, handling and lost profits.
Disposition of Unclaimed Equipment: After 30 days notification of availability at seller’s warehouse, unclaimed equipment will be returned to factory, sold or scrapped to cover expenses and lost profit.
Errors: Typographical, stenographic and clerical errors subject to corrections whether in favor of Seller or Buyer.
Packing: Prices include standard packing for domestic shipping. No allowance will be made for omission of standard packaging.
Export Policy Statement: It is the Buyer’s responsibility to comply with United States export compliance laws with respect to the equipment and parts supplied by Seller. Equipment and parts supplied by Seller are not to be sold, exported, re-exported or installed in violation of United States export control laws. Additionally, it is the responsibility of the Buyer to ensure that no products or services provided by Seller will be sold through third parties such that the United States export control laws will be violated. Seller will cancel any order, without penalty to the Seller, and seek recovery of any cost associated with the cancellation if it is discovered that violations of United States export control laws occurred.
Payment Terms: Payment terms shall be those shown on quotations, estimates and invoices rendered by the Seller and on Seller’s Internet stores. Seller reserves the right at any time to suspend or change terms, when in Seller's sole opinion conditions so warrant.
Prices: Prices are subject to change without notice, unless otherwise noted. Buyers are responsible for all incoming or outgoing freight
Quotations, Service and Shop Repair Estimates: Seller expressly limits acceptance of the offer or estimate to the terms and conditions contained in the offer or estimate. The dispatch of a purchase order or written confirmation by Buyer will, subject to product availability, be deemed a definite expression of acceptance of the offer or estimate if buyer’s order or confirmation does not conflict with the terms appearing on the face of the offer or estimate regarding description of goods or services, quantity, price, delivery schedule, and payment terms. The Seller objects to any terms that are different from, or in addition to, those in his offer or estimate. Unless noted otherwise on the written quotation or estimate, they are conditioned upon acceptance by buyer within thirty (30) days from date issued and shall be considered as offers by Seller to sell or repair during such thirty (30) day period unless sooner terminated by notice
Restocking Charges: Material ordinarily carried in stock will be accepted for return subject to a 15% restocking charge. Non-stock items ordered for Buyer will be subject to a minimum 50% restocking charge. Any cost incurred by the Seller to put returned goods in perfect condition will be charged to the Buyer. All transportation charges are borne by the Buyer on all returned goods.
Return of Equipment: Goods ordinarily carried in stock, can be returned only after receiving Seller’s Return Goods Authorization (RGA) and shipping instructions. Only unused items of current manufacture, in its undamaged original packaging, in like new resalable condition, which have been invoiced to the buyer within 30 days will be considered for return. Buyers are responsible for all incoming or outgoing freight
Return of Un-repaired Units: Un-repaired units will be returned to customer dismantled.
Security Interest: The Seller reserves a security interest in the goods as security for the performance of this Agreement. Notwithstanding any other terms in the Agreement, should the Buyer default in the payment of the purchase price hereunder or fail to comply with this Agreement, the Seller shall have the right upon ten (10) days written notice to remove and/or repossess the goods and to take such other action as permitted by law; it being understood that the remedies contained in this section are cumulative and in addition to all other rights and remedies of the Seller under this Agreement, by operation of the law or otherwise.
Service Charges: A finance charge of 1.5% per month or the highest rate allowable by law, if less than 1.5% per month will be added to the unpaid balance on all accounts not paid in full on or before the due date. The finance charge is equivalent to an annual percentage rate of 18%.
Shipping Weight and Dimensions: Published weights and dimensions are careful estimates but are not guaranteed and should not be used for construction purposes.
Shipping Charges Shipping charges do not necessarily represent UPS, FedEx or any other carriers published rates, and may include packing, handling and service charges. Buyers are responsible for all incoming or outgoing freight
Storage Charges: Shipments delayed on account of Buyer will be subject to storage and handling charges. The Seller will invoice the buyer when the equipment is ready and will expect full payment within the agreed payment terms. If it is necessary for the Seller to store the equipment beyond thirty (30) days after notification a $5.00 per day storage charge will be added to the invoice.
Taxes: Published or quoted prices do not necessarily include sales, excise or similar taxes. Applicable taxes must be paid by the Buyer.
Transport Claims: Risk of loss passes to the Buyer upon our delivery of goods to the carrier. All claims for damage or shortages occurring during transit must be made directly against the carrier. Before accepting the goods have the carrier acknowledge any damage or shortage on the freight bill.
Non-Waiver: Failure at any time of the Seller to enforce any portion of this contract shall not constitute a waiver of such provisions or prejudice the right of the Seller to enforce such provisions at any subsequent time.
Governing Law: The validity, interpretation, and performance hereunder shall be governed and construed in accordance with the law of the State of Florida.LIMITED SHOP REPAIR WARRANTY:
Seller’s shop repair invoice will show charges for a particular job only. Seller warrants the parts installed by the Seller to be free of defects in material and/or workmanship and to perform satisfactorily under conditions of normal usage for a period of ninety (90) days after date of repair. Seller makes no warranty with respect to any other part. If repairs later become necessary due to other defective parts, they will be charged separately. Should a failure occur within this period, the inoperative unit must be taken to Seller’s service shop, and according to Shop’s determination of cause of failure, the actual repair will be either charged to the Buyer or put on a no-charge basis. It will not cover removal or re-installation charges, mileage, service calls or other charges not part of the actual repair. This warranty does not apply when damage is caused by sand or abrasive material, chemical deposits, corrosion, lightning, transient voltage, surges, improper voltage, waterlogged tanks, insufficient yield of well, careless handling, improper installation, maintenance or use. Seller will not be responsible for labor charges or other expenses of any kind, loss, delay or any damages of any kind, howsoever and wherever incurred as the result of any defects, nor can Seller make any allowance for labor, transportation or any other charges incurred in the replacement or repair of any item.Shop Repair Warranty Disclaimer:
SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, THAT EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE SELLER’S SHOP REPAIRS LIMITED WARRANTY SCLAIMED AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF ANY ORDER PURSUANT TO THIS CONTRACT.No Consequential or Special Damage on Shop Repairs:
Without limiting any other disclaimer or limitation of liability or remedy contained herein, IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF BUSINESS OR PROFIT, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES whether based on breach of contract or negligence, or strict liability and whether or not foreseeable by Seller