TERMS OF SALE:
Flurida Appliances, Inc. and the Buyer (“a Merchant”) agree that the following terms and conditions are intended as governing and controlling their agreement. The Seller and Buyer intend and agree that the terms and conditions cannot be contradicted by evidence of any prior agreement or by evidence of a contemporaneous oral agreement. The Seller and Buyer intend and agree that any modification or rescission of any term or condition must be by a signed writing on a form supplied by the Seller and the form must be separately signed by the Buyer. The following terms and conditions are intended as and agreed to by the Seller and Buyer as a complete document without reservation. (Note: Unless the context otherwise requires, words or phrases in the Terms and Conditions are defined in the articles of the Uniform Commercial Code.)
The following terminology applies to the terms and conditions: “Seller”, and “Company refers to Flurida Appliances, Inc. “Buyer”, and “Client” refers to a purchaser of goods from Flurida Appliances, Inc. “Merchant” refers to Seller, Company, Buyer, and Client. “Bailee” , refers to the transportation of goods between seller and buyer. “Notify”, and “Notice” refers to an express written communication by certified mail, federal express; signature required. “Bill of Lading” refers to a document evidencing the receipt of goods for shipment, and includes an Airbill. ‘ ‘Point of Delivery” refers to the address where Goods are delivered as specified, and/or Buyer’s business address.
In using this website you are deemed to have read and agreed to the following terms and conditions:
- All Sales of Goods are final once the Goods are in the possession of a Bailee.
- The Company has the right to include in the purchase price the Bailee’s fees.
- The Company has the right to tender delivery in single lot or several lots. Goods provided to a Bailee for transport are non-cancellable.
- The Company has the exclusive right to select the Bailee. In the event of damage of Goods in transit, only the Company can make a claim.
- The Client cannot delegate any duty or obligation nor assign any duty or obligation.
- The Client is obligated to provide the manner, time and place of delivery.
- The Goods are confirmed received undamaged by a through Bill of Lading, by an unsigned Bill of Lading, and any unauthorized alteration of a Bill of Lading leaves the Bill of Lading enforceable.
- The Client is deemed to have accepted Goods at the Point of Delivery unless within five (5) business days after delivery the Buyer notifies Seller of non-acceptance.
- The Client assumes responsibility to access, measurement, installation, hook-up, wiring, moving and storage of the Goods at the Point of Delivery.
- The Buyer may not return Goods to the Company unless prior authorization has been given by a signed writing on a form supplied by the Company.
- The Buyer agrees, in the event Buyer refuses to accept or repudiates Goods for any reason to pay for the transportation to an address supplied by the Company, Buyer further agrees to pay a restocking fee of not less than 30% of the total purchase price, and agrees to pay incidental damages.
- The Client and the Client’ s ware housemen have the duty of care in unloading Goods from the Bailee.
- The Company warrants that Goods are free of defects in materials and workmanship for a period of twelve (12) months from the date of proof of purchase by the Client. In the event Goods are exchanged the warranty continues.
- The Company will pay return shipping charges in the continental United States for Goods that are repaired under warranty within the twelve (12) month period from date of proof of purchase.
- The Client acknowledges, understands, and agrees that improper placement or installation of Goods will void this limited warranty.
- The Client acknowledges, understands, and agrees that the Company is not responsible for incidental or consequential damages, and there are no warranties, express or implied, which extend beyond this limited warranty.
- The Client acknowledges, understands, and agrees that the limited warranty applies only within the continental United States and that Alaska, Hawaii and the Commonwealth of Puerto Rico are not covered or warranted.
LIMITED WARRANTY EXCLUSION
- The Client acknowledges, understands, and agrees that the removal of Goods, the re-installation of Goods, is not included in the limited warranty.
- The Client acknowledges, understands, and agrees that there is no limited warranty on parts purchased separately and that the Client’s exclusive remedy is limited, by and at the Company’s option, to repair and/or replace defective part(s) with either new or factory reconditioned part(s ).
- The Client acknowledges, understands, and agrees that damage to the Goods due to accident, misuse, abuse, mishandling, neglect, acts of God, fires, earthquakes, floods, high winds, government, war, riot, labor trouble, labor strikes, lockouts, delay of the Bailee, unauthorized repairs, or any other cause, beyond the control of the Company, that the Company is not responsible for the damage.
- The Client acknowledges, understands, and agrees that the Company is not responsible for any damages caused to the Client’s property resulting from the Goods.
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE DISCLAIMED
The Company and the Client agree that implied warranties of merchantability and of fitness for a particular purpose are expressly disclaimed by the Company.
NEVADA LAW AND THE UNIFORM COMMERCIAL CODE
- The Client acknowledges, understands and agrees that purchase of Goods is subject to the laws of the state of Nevada and the Uniform Commercial Code.
- The Client acknowledges, understands, and agrees that any and all legal proceedings by the Company or by the Client can only be brought in the state of Nevada, in the city of Las Vegas.
- The terms and conditions herein are subject to the laws of the state of Nevada and the Uniform Commercial Code. Any and all legal proceedings by the Company or by the Client can only be brought in the state of Nevada, in the city of Las Vegas.