Terms and Conditions
Quotation is valid through the “Good Thru” date specified in this document. The pricing provided will be valid provided that the earliest ship date requested is within 60 days of purchase order receipt. The “Good Thru” date applies only to price. Lead times will be determined when the order is submitted and begin upon drawing approval. Please contact customer service with any questions pertaining to leadtimes. The quotation is valid for standard construction. Any changes to the quoted design, or special requests not originally disclosed, may result in additional charges. Material substitutions of equal or improved quality may be made at the manufacturer’s discretion without obligation to the buyer.
General Terms and Conditions
All Orders must be in writing and are subject to acceptance by JMG Thermal, LLC (Hereafter referred to as the Seller). Orders are accepted subject to fires, accidents, natural disasters, Acts of God, and all other causes that are beyond reasonable control and are binding upon Seller’s order acknowledgment. Seller will not be liable for and delay or for any damages suffered by the Buyer by reason of such delay.
Only the terms and conditions stated herein shall be binding upon Seller. No modification, amendment or change, whether in Buyer’s purchase order, shipping release forms or otherwise shall obligate Seller unless authorized in writing by Seller. The Buyer shall be conclusively presumed to have accepted the terms and conditions set forth herein, thereby creating a contract limited to these terms, if Buyer does not object in writing to these terms within five (5) business days after their receipt.
The Buyer may cancel an order upon written notice and will reimburse Seller for all expenses incurred by Seller pertaining to said order.
The scheduled and acknowledged shipped dates are approximate and Seller assumes no liability for any claims of damage resulting from failure to meet such dates. Delivery to the initial carrier shall constitute delivery to the buyer.
No claim for shortages will be allowed unless reported to the factory within five days from receipt of material. Any shipping weights given or estimated herein are approximate, and are given for the Buyer’s convenience only and are not guaranteed by the Seller.
Goods may not be returned except by permission of Seller along with our Return Material Authorization tracking number (RMA). Returned goods must be shipped and prepaid and are subject to handling charges.
SELLER agrees to indemnify, defend and hold harmless Buyer from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation attorney’s fees, disbursements and courts costs) for injury to or death of persons or damage to property to the extent caused by a defect in SELLER’S product. Buyer agrees to indemnify, defend and hold harmless SELLER from and against any and all damages, liabilities, action, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation attorney’s fees, disbursements and courts costs) for injury to or death of persons or damage to property to the extent caused by the negligence or willful misconduct of Buyer, a third party, or Buyer’s employees, agents, representatives or contractors. Each party shall provide the other with prompt written notice of any claim covered hereunder, and the indemnifying party shall have the right to assume exclusive control of the defense or settlement of such claim.
