TERMS NET 30
DAYS
Payment by Visa, MasterCard or Discover card accepted or
cash in advance unless prior accommodations have been made with our Credit
Department. Please direct inquiries for detailed information to our Credit
Manager. All sales, excise, or similar taxes required by law to be collected or
paid by seller shall be in addition to prices quoted unless an appropriate Tax
Exemption certificate is furnished. All goods are sold F.O.B. factory. Except
for otherwise provided, Perlick will not be responsible for freight,
transportation, insurance, shipping, storage, handling, demurrage or similar
charges. Invoices are payable in full in thirty (30) days following the
invoices date of issuance. If by the terms of sale credit is extended,
Perlick reserves the right to revoke such credit if buyer fails to pay for any
products when due and may demand payment prior to the commencement of any
further shipment.
WAIVER
Any waiver of
strict compliance with the provisions of an Order must be in writing. No such
waiver shall be construed as a waiver of any other term or condition except as
provided in writing, nor as a waiver of any subsequent breach of the same term
or condition.
METHOD OF SHIPMENT
All
shipments are carefully packed and labeled. Crates, boxes and cartons used are
of approved weight and strength. Freight rates are based upon 100 pound
minimum.
LOST and DAMAGED
MERCHANDISE
THE RESPONSIBILITY OF THE PERLICK CORPORATION CEASES UPON
ACCEPTANCE OF ITS PRODUCTS BY THE CARRIER. Any damage or loss sustained in
shipment is the carrier's responsibility. Before giving the carrier a clean
receipt at time of delivery, make sure you receive every item on the bill and
inspect every carton, crate and box for concealed damage, i.e., broken boards,
crushed or punctured cartons, torn cardboard. IF ANY ITEMS ARE SHORT OR
DAMAGED, DO NOT ACCEPT THE SHIPMENT UNLESS THE CARRIER MAKES A NOTATION OF THIS
ON YOUR FREIGHT BILL. Then request an inspection. Do not destroy the packing
materials. If their agent does not make an inspection within five days, advise
the carrier via letter that you notified them regarding the matter and they
have failed to act. You will need this letter to support your claim. Then file
a claim for your loss. When you give the carrier a clean receipt, you accept
the total responsibility for the shipment. UPS shipments are insured
individually and UPS will replace all merchandise that is lost or
damaged.
RETURN OF MERCHANDISE
Do not return any merchandise without our approval. Merchandise returned
without a return merchandise authorization number will not be accepted at
Perlick. Used or discontinued items cannot be returned for credit. Freight
charges must be prepaid on all return shipments.
When a return is authorized, a
credit may be allowed pending an examination of the returned goods. The amount
of the restocking charge will depend on the condition of the equipment. The
minimum restocking charge will be twenty percent (20%) of the value of the
returned goods or $30.00, whichever is greater.
ONE YEAR PARTS & LABOR WARRANTY
Perlick products are guaranteed
against defects in both material and workmanship for a period of one year from
date of sale. Defective parts will be replaced on a no-charge basis when
adjudged defective upon inspection. We are not responsible for parts damaged by
alteration, unauthorized service, accident or abuse. Other costs incident to
replacement, to include loss of sales and/or loss of product must be borne by
the user. Warranty repairs will be performed during Perlicks authorized
service agents normal business hours. The user is responsible for any
overtime premium associated with after-hours service. Also, Perlick is not
responsible for travel charges that exceed one hour travel time. For further
details of our Glasswasher warranty, refer to the Glasswasher Installation and
Operation Instructions manual.
1) Parts returned to
Perlick shall be returned freight prepaid and shall be identified with
Perlick's serial number and return merchandise authorization number.
2) Improper operation due to voltage variances, inadequate wiring and
physical damage is the responsibility of the purchaser. They are not
manufacturing defects.
3) Condenser coils shall be cleaned
regularly. Failure to provide an adequate flow of cooling air will void this
warranty.
4) Factory-specified maintenance and installation will be
provided by the selling dealer who shall also be responsible for the
installation and set up of these products in accordance with local plumbing,
refrigeration and electrical codes.
SECOND YEAR EXTENDED PARTS
& LABOR WARRANTY
Perlick's 1 year parts and labor
warranty can be extended to two years with the purchase of a two year parts and
labor warranty. To obtain this protection, order as
follows:
FOUR YEAR ADDITIONAL COMPRESSOR
WARRANTY (Self Contained Units)
The Perlick Corporation will
warrant to the original user the sealed-in mechanism consisting of the motor
compressor and component parts within the sealed housing of the condensing unit
for an additional period of four years following the regular one-year warrant
period. This plan applies to the compressor only, installed within the United
States and Canada.
Perlick's 1 year parts
labor/service policy applies to the United States and Canada. It does not apply
to refrigeration systems added by others (remote systems) or any part which has
been subject to misuse, neglect, alteration, accident, or to any damage caused
by transportation, flood, fire or other acts of God.
Perlick's 1 year parts &
service/labor warranty provides that Perlick's registration card be completed
and mailed within ten days after the date of installation. Failure to reply
promptly could void Perlick's labor/service warranty.
EXPORT 1 Year Parts
Only
EXCLUSION OF
WARRANTIES
EXCEPT AS PROVIDED ABOVE PERLICK MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT.
LIMITATION OF REMEDIES AND
DAMAGES
If Buyer makes a valid and timely claim as outlined above,
Perlicks liability and Buyers remedies under this agreement will be
limited solely to labor charges authorized and/or replacement or credit, at
Perlicks option, with respect to Products returned at Buyers
expense within thirty (30) days after warranty repair. PERLICKS LIABILITY
WILL IN NO EVENT BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE RETURNED
PRODUCTS. PERLICK WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LABOR COSTS EXCEPT AS
COVERED UNDER OUR WARRANTY, LOST PROFITS OR THE LOSS OF PERISHABLE PRODUCTS
RESULTING FROM THE USE OF OR INABILITY TO USE OUR PRODUCTS OR FROM OUR
PRODUCTS INCORPORATION INTO OR BECOMING A COMPONENT OF ANY OTHER PRODUCT.
NEITHER PARTY WILL HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER, OR
TO ANY THIRD PARTY, ARISING FROM ANY BREACH OF THIS AGREEMENT.
GOVERNING LAW;
JURISDICTION
The terms and conditions of an order are to be governed
and construed according to the laws of the State of Wisconsin, without regard
to conflict of laws principles. Buyer hereby consents to the jurisdiction and
venue of the courts located in Milwaukee County, Wisconsin.
NOTE - Perlick is
committed to continuous improvement. Therefore we reserve the right to change
prices, specifications and policies without prior
notice.