Terms of Service & Privacy Policy
PURCHASE AGREEMENT
All Sales are subject to the following terms and conditions:
1.Title to all property purchased under this Agreement shall at all times remain in Alutech (Seller) until all payments due to Seller under this Agreement have been paid to Seller. Buyer shall have a right to possession of property obtained from Seller once the merchandise is received by buyer and continuing while all payments on such remain current. All risk of loss shall be buyers and no injury, loss, or destruction of said property shall release buyer from his financial obligations. Buyer constitutes assignment of all insurance proceeds recovered in the event of catastrophic loss prior to full payment. Title to said property shall transfer immediately upon final payment.
2.Should buyer fail or neglect to comply with any term or condition of this Agreement, including the failure to make any payment provided herein, Seller may declare buyer in default of the Agreement and may elect to declare the whole amount unpaid due and payable, or the Seller may, without notice to the buyer, declare all of buyers rights under this contract terminated, and with or without legal process, immediately take possession of said property. buyer specifically consents to Sellers entry upon buyers land for purposes of exercising this right. All payments made prior to default are and become earned by Seller and are thus forfeited. These rights are cumulative and exercise of one does not preclude the exercise of another.
3.In the event that collection and/or legal action is necessary to enforce this Agreement, including but not limited to collection of amounts owed,the buyer shall pay all of Sellers collection and/or legal costs, including, but not limited to, reasonable attorneys fees and costs of suit. Any cause of action brought to enforce this is Agreement shall be brought in the State of Delaware in a court of Sellers choice. buyer agrees to indemnify Seller for all losses resulting directly or indirectly from any breach of this Agreement by buyer.
4.The seller shall not be liable for delays in delivery or failure to manufacture or deliver; 1) due to causes beyond reasonable control, or 2) to acts of God, acts of buyer, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, hurricanes, riot, delays in transportation or car shortages or, 3) inability due to causes beyond Sellers reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any delay, the date of delivery shall be extended for a period equal to that time lost by reason of the delay.
5.buyer agrees to abide by all federal, state and local laws, ordinances and regulations pertaining to the installation and operation of all equipment and agrees to secure, at his own expense, all licenses and permits required. buyer agrees and understands that changes in personnel other than the Seller that affect the operation of the equipment are not the responsibility of the Seller.
6.The Seller warrants to the buyer that the merchandise to be delivered shall conform to its published specifications within reasonable tolerances and be free from defects in material, workmanship and title. The foregoing warranty is valid within three full years from the date of delivery of merchandise at the buyers designatedshipto address. During that period the Seller shall correct any defect, if merchandise is returned. Seller is not liable for any defect due to faulty installation.
7.The Sellers liability on any other claim or loss of liability arising out of or concerned with this contract, or any obligation resulting there from, or the manufacture, sale, delivery, resale, repair, or use of any article covered by this contract (including but not limited to, loss or liability arising from breach of contract) shall in no case exceed the unit price of such equipment or any part thereof involved in the claim.
8.Seller will insure all shipments against transportation damage and loss of merchandise from Sellers point of shipment to buyers loading dock. Unless carrier and account of buyer's choice is used.
9.It is understood that any merchandise ordered by buyer is specially designed and custom made. buyer has no right to exchange or refund for incorrectly ordered material. buyer acknowledges that all orders are irrevocable once submitted. It is agreed that a cancellation fee of 50% of total sales price becomes due immediately if buyer cancels this order prior to production.
10.It is understood that all installations must adhere to the engineer approved installation instructions located on the Sellers website.
11.Seller reserves the right of certain product alterations without prior notice. There are no other warranties, expressed or implied, with respect to the merchandise and service supplied, by Seller, other than those expressly contained herein. All warranties implied by operation of law, including the warranty of merchantability and warranty of fitness for a particular purpose, are disclaimed by Seller and waived by buyer.
12.This Agreement shall be construed under Delaware Law. In the event any portion of this Agreement should be declared illegal, only that portion shall be so stricken and the remaining portions shall continue in full affect. The waiver of any term, provision, or default by Seller shall not constitute the waiver of any other term, provision, or default.
13.This agreement constitutes the entire agreement between the buyer and Seller and no waivers, modifications or amendments shall be valid unless executed in writing by both the buyer and Seller.
