Wheelock Cooper Notification terms and conditions FCD-5429

a business of Cooper Wheelock Inc and Cooper Notification Inc NOTIFICATION AND CONDITIONS OF SALE WHEELOCK INC COOPER NOTIFICATION INC Terms and Conditions All Previous Terms and Conditions WARRANTY Cooper Wheelock Inc dba Cooper Notification and Cooper Notification Inc a products must be used within their published specifications and must be PROPERLY applied installed operated maintained and operationally tested in accordance with these at the time of installation and at least twice a year or more often and in accordance with local and federal codes regulations and laws Specification application installation operation and testing must be performed by qualified personnel for proper operation in accordance all of the latest National Fire Protection Association NFPA Underwriter Laboratories UL National Code NEC Occupational Safety and Health Administration OSHA local state county district federal and other applicable building and fire standards guidelines regulations laws codes including but not limited to all appendices and amendments and the requirements of the local having jurisdiction AHJ Seller products when properly specified applied installed operated and operationally tested as provided above are warranted against mechanical and electrical for a period of a three 3 years from date of manufacture with respect to MEDC and Seller Signals and Seller Fire and Security Notification Appliances and Devices or b one 1 year date of manufacture with respect to Waves and SafePath Voice Evacuation and Mass Notification date of manufacture is determined by date code Correction of defects by repair or shall be at Seller sole discretion and shall constitute fulfillment of all obligations under this THE FOREGOING LIMITED WARRANTY SHALL IMMEDIATELY TERMINATE IN THE EVENT PART NOT FURNISHED BY SELLER IS INSTALLED IN THE PRODUCT THE FOREGOING WARRANTY SPECIFICALLY EXCLUDES ANY SOFTWARE REQUIRED FOR THE OF OR INCLUDED IN A PRODUCT SELLER MAKES NO REPRESENTATION OR OF ANY OTHER KIND EXPRESS IMPLIED OR STATUTORY WHETHER AS TO FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A PRODUCT IS FOR THE USER PURPOSES OR WHETHER IT WILL ACHIEVE THE USER INTENDED THERE IS NO WARRANTY AGAINST DAMAGE RESULTING FROM MISAPPLICATION SPECIFICATION ABUSE ACCIDENT OR OTHER OPERATING CONDITIONS BEYOND CONTROL DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE OR ERROR FREE OR THAT THE SOFTWARE WILL MEET ANY OTHER OF PERFORMANCE OR THAT THE FUNCTIONS OR PERFORMANCE OF THE WILL MEET THE USER REQUIREMENTS SELLER SHALL NOT BE LIABLE FOR ANY BREAKDOWNS INTERRUPTIONS LOSS DESTRUCTION ALTERATION OR OTHER IN THE USE OF A PRODUCT ARISING OUT OF OR CAUSED BY THE SOFTWARE LIABILITY OF SELLER ARISING OUT OF THE SUPPLYING OF A PRODUCT OR USE WHETHER ON WARRANTIES NEGLIGENCE OR OTHERWISE SHALL NOT IN ANY CASE THE COST OF CORRECTING DEFECTS AS STATED IN THE LIMITED WARRANTY AND EXPIRATION OF THE WARRANTY PERIOD ALL SUCH LIABILITY SHALL TERMINATE IS NOT LIABLE FOR LABOR COSTS INCURRED IN REMOVAL REINSTALLATION OR OF A PRODUCT BY ANYONE OTHER THAN SELLER OR FOR DAMAGE OF ANY TYPE INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR INCIDENTAL INDIRECT SPECIAL PUNTIVE OR EXEMPLARY DAMAGES THE FOREGOING SHALL THE SOLE REMEDY OF THE PURCHASER AND THE EXCLUSIVE LIABILITY OF NO CASE WILL SELLER LIABILITY EXCEED THE PURCHASE PRICE PAID FOR A RETURNED GOODS No product will be accepted for return replacement repair or restocking unless by a properly authorized Return Goods Authorization RGA This RGA can be obtained the Customer Service Department of Seller A Returned Goods Authorization is valid for only 30 after it is issued and any authorized returned goods that are returned more than 30 days after the Goods Authorization is issued shipments will not be accepted Failure to comply with these will result in material being refused or returned at sender expense Material returned is for acceptance only and the final evaluation is subject to the approval of Seller Inc Quality Department WILL NOT ACCEPT THE RETURN OF PRODUCTS THAT SELLER BELIEVES ARE NO NEEDED BY THE MARKETPLACE BECAUSE OF CHANGES IN LAWS CODES OR IN WARRANTY DEFECTS Products returned within the warranty period for electrical or mechanical in manufacture or Seller error in shipment will be accepted for full credit repair or replacement service charge The decision as to either repair or replace a product shall be within Seller sole RETURNS NON DEFECTIVE PRODUCTS New and undamaged standard Cooper Wheelock currently being manufactured and in their original unopened product carton may be returned twelve 12 months from date of purchase on the following terms Restocking credit will be issued at price paid at the time of shipment or at the price prevailing at time of return whichever is lower from will be deducted a 20 restocking charge and the expense for return transportation if not prepaid product may be returned after 12 months from date of purchase Non stock special or custom made including units that are modified from standard units with or without accessories whether in or out of warranty shall not be returned for credit DELIVERY Shipping dates are approximate and are based upon prompt receipt of all necessary Seller shall not be liable for delays in delivery or failure to manufacture or deliver a due to beyond its reasonable control or b due to acts of GOD acts of the Purchaser acts of civil or authority priorities fires strikes floods epidemics quarantine restrictions war terror riot delays transportation or car shortages or c due to causes beyond its reasonable control in obtaining labor materials components or manufacturing facilities or d due to other chemical In the event of such delay the date of delivery shall be deferred for a period equal to the lost by reason of the delay TRANSPORTATION Unless otherwise agreed in writing by Seller delivery of the products hereunder be made F O B Shipping Point with transportation expenses to be paid by the PURCHASER and risk of loss or damage to products in transit shall fall upon the PURCHASER whose responsibility it be to file claims with the carrier PAYMENTS Terms of payment are 1.5 one and one half percent in ten 10 days and net in thirty days Payments shall become due in accordance with such terms from the date of invoice to Products held for the Purchaser shall be at the risk and expense to the Purchaser After thirty days all outstanding overdue balances shall be subject to monthly interest of one and one half or the maximum charge permitted by law the financial condition of the Purchaser at any time is such as to give Seller in its sole reasonable grounds for insecurity concerning the Purchaser ability to perform his obligation this contract Seller may require full or partial payment in advance or may suspend any further or continuance of the work performed by Seller until such payment has been received Failure furnish such payment within ten days of demand by Seller shall constitute repudiation of the contract in such event Seller shall be entitled to receive reimbursement for its cancellation charges the event of bankruptcy or insolvency of the Purchaser or in the event any proceeding is by or against the Purchaser under the bankruptcy or insolvency laws Seller shall be entitled to an order outstanding at any time during the period allowed for filing claims against the estate and receive reimbursement for its cancellation charges PRICING Unless otherwise stated by Seller prices terms of payment and pricing policies will be those forth in Seller published price lists and pricing policies in effect at the time of shipment All prices of products shown in price lists or other publications are subject to change without notice TAXES Seller prices do not include sales use excise or similar or other taxes Consequently in to the price specified herein the amount of any current or future sales use excise or other tax to the sale or use of the products sold hereunder shall be paid by the Purchaser to Seller or in thereof the Purchaser shall pro