1. Deliveries
Delivery of Product is F.O.B. Shipping Point, which shall be determined by WarmTemps, LLC (“WarmTemps”). Any freight allowances are based on the date of the price quotation and may not be the amount ultimately charged by the shipping company. Additional charges may be processed if the actual shipping and processing fees are greater than from those estimated on the Purchase Agreement. Product is shipped via ground shipping unless other arrangements are made with WarmTemps prior to shipping. In the event the specific Product ordered is not available for timely delivery, WarmTemps shall be entitled, in its sole discretion, to deliver substitute products of equal or better quality.
2. Warranties
- All Product sold by WarmTemps are warranted by the Product Manufacturer. WarmTemps offers no warranty of any kind, expressed or implied, with respect to the Product sold hereunder. Any and all warranty claims should be directed to Manufacturer.
- No representative of WarmTemps is authorized to make any warranties, promises, or representations as to any Product and none shall be binding upon WarmTemps.
- WarmTemps shall not be liable for any delay in or impairment of performance resulting in whole or in part from acts of God, labor disruptions, shortages, inability to produce Product, supplies or raw materials, severe weather conditions, or any other circumstances or causes beyond the control of WarmTemps.
- Copies of Product Warranty shall be transmitted by Buyer to all subsequent purchasers. Buyer shall give Manufacturer prompt oral and confirmed written notice of Product that Buyer considers to be subject to Warranty claim.
- Since the use of these products is beyond our control there is no express or implied warranty of results or of fitness for use. The product is furnished upon the condition that the user will determine the suitability and fitness of use of the product for any use to which it is put as well as for its inclusion as a component in any other product; that he/she assumes all risks whatsoever, that the manufacturer and WarmTemps shall not be liable for any injury, loss or damage, direct or consequential, arising as a result of the use of or inability to use the product or its use in connection with or as part of any other product.
- WarmTemps may provide design files for discussion and illustration purposes. WarmTemps makes no representations or warranties; expressed or implied, as to the accuracy or completeness of design files and they should not be relied upon as definite, accurate, to scale, reliable, binding or otherwise ready for actual construction. The person or entity receiving the design files is responsible for verifying any data in question that is critical to their intended use of the files. WarmTemps accepts no liability arising from the use of any design files. By accepting the design files, the Buyer agrees to indemnify and hold WarmTemps, its owners, managers and agents harmless from any and all damages that may be claimed to be attributable to the design files.
- Heating performance is not guaranteed. The amount of heat required to warm floors or melt snow/ice is dependent on many factors such as air and ground temperature, wind speed, solar exposure, humidity and coverings. Due to differences in roofs, gutters, floors, walkways, driveways and other surfaces, and variations in climate and construction practices, WarmTemps and Manufacturer make no representation that surfaces containing the Product will achieve any particular temperature or be free from snow and/or ice. Product will produce the rated output listed on the tags when operated at the rated voltage.
3. Technical Support
All technical support inquiries should be addressed to the Product manufacturer who is solely responsible for the proper operation of the equipment. Buyer agrees to independently confirm technical support received from WarmTemps, if any, with the Product manufacturer. Buyer agrees WarmTemps will not be liable for any losses or damages based on technical support given by WarmTemps or its agents.
4. Payment Terms
All payments for Product, taxes and shipping under this agreement are due in full prior to the shipment of Product. Pricing discounts, if any, based on volume require the purchase of the entire amount originally ordered to remain valid. Standard pricing will apply if less than the full order is purchased.
5. Securing Payment
Buyer agrees to pay in full prior to shipment using a check, certified funds, wire transfer or major credit card. Any amount not paid in full at the time of shipping will be subject to interest at 1.5% per month or 18% per annum. Buyer agrees to pay any outstanding balance within thirty (30) days of the date Product is shipped. If the Buyer defaults in his payment obligations, Buyer agrees to pay attorney fees, costs of court and costs of collection incurred at any time.
6. Tax
In addition to the price for Product, Buyer agrees to pay the amount of any excise, sales, use, or other taxes related to the Product on their sale, except where the Buyer shall provide WarmTemps with a Tax Exemption Certificate applicable to the taxing authority.
7. Disclaimer
WarmTemps & Manufacturer shall not be liable for any inaccuracies in estimates or projections made to Buyer. All calculations relied upon in connection with estimating the cost, power requirements, or other feasibility of the Product for a specific purpose must be made by an independent professional familiar with local rates, regulations, and laws. The specific Product sold to Buyer will be based on information provided by Buyer to WarmTemps prior to Product delivery. Changes in plans, layouts, dimensions, construction, or other changes made after Product is ordered may require additional or different Products. Buyer is solely responsible for all additional costs associated with such changes including new Products, shipping, labor, etc. WarmTemps & Manufacturer disclaim any liability for Product defect claims that are due to Product misuse, improper Product selection or misapplication, or damage to installed Product. WarmTemps & Manufacturer make no warranty as to the design of the Product and will not assume responsibility for any damage or harm to buildings and/or individuals arising from Product misuse, installation, improper Product selection or application. In no case will WarmTemps or Manufacturer be liable for any incidental, indirect, or consequential damages arising from the design or performance of the Product. Any and all damage caused to Manufacturer Products by Buyer, Contractor and/or other subcontractors must be reported to Manufacturer within 24 hours. Buyer agrees to provide all Product installation and operating information materials, supplied by Manufacturer, to all subcontractors who will perform work or have contact with Products. Buyer also agrees to enforce all necessary precautions and/or collection of damages to Products caused by self or others. Buyer will assume full liability for damage caused by self or subcontractor to Products. Installers of the Product, whether working under the WarmTemps emblem or not, are independent contractors. WarmTemps does not review, supervise, or control the work of such independent contractors nor does it have the ability to do so. You are solely responsible for selecting an installer for the Products and agree to assume all risks associated with such selection. You agree that WarmTemps is not liable for any work performed by installers of the Product, whether such installers are recommended by WarmTemps or not.
8. Controls
While some heating systems can operate safely without the use of thermostats or controls the use of thermostats or controls may improve energy efficiency. If thermostats or other controls are not purchased, buyer agrees that they were offered for purchase but declined.
9. Exclusions
Sale is for Product only. All other additional items including breakers and ancillary electrical supplies will need to be provided by others.
10. Integration Clause
There shall be no waiver, alteration, modification, or change of any of the provisions or terms and conditions, except in writing and signed by a duly authorized representative of WarmTemps.
11. Returns
. All Product returns must be authorized by WarmTemps in writing. Authorization may be withheld, in WarmTemps reasonable discretion, based upon time, product, and other constraints. Buyer understands and agrees that customized systems cannot reasonably be reused or resold and therefore agrees that under no circumstances will customized systems be authorized for return or refund. Return periods vary based on Product purchased. For all Product, no returns will be authorized or accepted after 90 days from purchase date.
12. Repeat Orders
Your initial authorization and acknowledgement of these ‘Standard Terms & Conditions of Sale’ can be used for subsequent orders.
13. Restocking Fee
We may store your data on servers provided by third-party hosting vendors with whom we have contracted.
14. Jurisdiction and Venue
Buyer agrees that this agreement shall be construed according to the laws of the State of Utah and in the event any legal action is undertaken for any reason that jurisdiction and venue shall be in the State of Utah, County of Salt Lake.
IN WITNESS WHEREOF, the Contractor and/or Buyer signifies their complete understanding and agreement to comply with the terms hereof by affixing their signatures on the appropriate location of the WarmTemps agreement sheet and/or by email acknowledgement and/or by tendering payment and/or by providing a purchase order. Further, the signing, paying and/or ordering individual verifies that he/she is authorized to accept this agreement for and on behalf of the Buyer. This agreement is entered into by Contractor and/or Buyer with WarmTemps.