Standard Terms and Conditions of Sale Limited One (1) Year Warranty Commercial Use Only
1. Prices: All prices and product design are subject to change at any time without notice. A $10.00 handling charge will be added to all orders under $30.00. All products are shipped F.O.B. Factory. At Promats® discretion, freight charges may be prepaid and added to customer invoice, otherwise, shipments will be sent out freight collect. A packaging charge may be added to all freight collect shipments and all UPS shipments.
2. Payment Terms: Subject to credit approval, terms are net 30 days from the invoice date. A 1 1/2% per month service charge will be added to any unpaid balance beyond 30 days. At its discretion, Promats may require payment in full prior to any work or product delivery.
3. Taxes: Federal and State taxes, if applicable are not included. Should any taxes, custom, duty, inspection fee, or other charge become applicable, such charges are the responsibility of the purchaser. In the event Promats is required to pay any such charge, customer shall reimburse Promats.
4. Freight: All shipments must be inspected immediately for quantity and damage. Freight damage must be noted on the bill of lading before signing for receipt of the merchandise. All claims for damaged or shortage must be made by the customer directly to the carrier.
5. Returns: Authorization must be obtained from Promats® for the return of any merchandise in advance. Custom items, based on color or product design, may not be returned for any reason. Returns are subject to a 20% restocking charge. Customer is responsible for packaging and shipping charges to return product back to the factory and for any freight damage which may occur.
6. Warranty: Promats® Athletics, Inc. ("Promats®") warrants its products and installation (together, the "Products") to the original user of the products only (the "Purchaser") for a period of one (1) year from the date of shipment to the purchaser. This warranty is against defects in workmanship and materials and provided to purchaser only for commercial use of the products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to purchasers in certain states.
This warranty against defects in workmanship and materials applies only to the purchaser and applies only when the products are used exclusively for commercial purposes. This warranty is not valid when the products are used for personal, family, or other household purposes. At its sole option, Promats® shall send replacement parts, repair, or furnish replacement products for any products determined by Promats® to be defective provided it is returned to the factory (after authorization), transportation prepaid. This warranty applies only to products manufactured by Promats® and does not extend to transportation, installation, or replacement charges incurred by the customer. Promats® shall have the right to inspect any products prior to performance under this warranty. This warranty does not apply to damages to products occurring after delivery to and installation at purchasers location.
The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty including any warranty by model or sample and any implied warranty of merchantability or fitness and of any other obligations of Promats®. The purchaser hereby agrees to indemnify and hold Promats® harmless from any claims or damages arising out of the use of the products by third parties. This provision includes, but is not limited to, purchaser's agreement that it will, in the event a claim is made, stand in the place of Promats® in investigating, responding to and defending against the claim and will pay all damages, costs, and attorney fees associated with defending against the claim. No modification of this warranty shall be effective, unless set forth in writing and signed by an authorized representative of Promats®. This warranty supersedes all previous warranties. Effective January 1, 1996.
WARNING: This product has been designed for a specific purpose and must be properly installed/applied. It should only be installed and used by, or under the supervision of, qualified personnel. Use of this product for any other purpose, misuse of this product, or improper installation/application of this product may result in serious injury or death. Consult manufacturer for intended use and purpose of this product and proper installation. Manufacturer and suppliers of this product, and their agents, disclaim all implied warranties of fitness for a particular purpose and disclaim implied warranties of merchantability.