ARGUS will have no responsibility to honor claims
received after the date the applicable Warranty expires.
Notwithstanding the foregoing , any claim with reference
to the Equipment or any parts therefore for any cause
shall be deemed waived unless submitted by the User to
ARGUS within (30) days after the date the User
discovered, or should have discovered, the claim. In
connection with all claims under this Warranty, ARGUS
will have the right, at its own expense, to have its
representatives inspect the Equipment at the User's
premises and to request all of the User's records
pertaining to the Equipment to determine whether a
defect exists, whether the conditions set forth in this
Warranty have been satisfied, and whether or not the
applicable Warranty is in effect.
THE FOREGOING WARRANTY IS IN LIEU OF AND
EXCLUDES
ALL
OTHER
EXPRESSLY
SET
FORTH
EXPRESS OR IMPLIED BY OPERATION OF LAW OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATION
OF PERFORMANCE AND ANY
IMPLED
WARRANTIES
INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR
A
PARTICLULAR
WARRANTIES ARE AUTHORIZED ON BEHALF OF
ARGUS UNLESS SPECIFICALLY ISSUED BY ARGUS.
ARGUS
shall
have
no
consequential
losses,
damages
limitation or expenses, loss of sales, spoiled food, profits
or goodwill, claims whether or not on account of
refrigeration failure or punitive or exemplary damages
directly or indirectly arising from the sale, handling or use
of the Equipment or from any other cause relating
thereto, whether arising in contract, tort, warranty, strict
liability or otherwise. ARGUS's liability hereunder in any
case is expressly limited, at ARGUS's election, to repair
or replacement of Equipment or parts therefore or to the
repayment of, or crediting the user with, an amount equal
to the purchase price of such goods.
Prices & Specifications: ARGUS reserves the right to
change the prices and specifications of the equipment
and/or material without notice. Prices are FOB ARGUS
warehouses. All orders are subject to acceptance by
ARGUS Commercial, Inc.
WARRANTIES
NOT
HEREIN,
WHETHER
OF
TITLE,
NON-
PURPOSE.
NO
OTHER
liability
for
incidental
or
including
without
Terms: All orders are subject to credit approval. All
Invoices not paid within the specified terms will be subject
to a 1.5% per month delinquency charge. Buyer agrees to
pay all costs of collection including such attorney's fees
as may be allowed by law.
Taxes: This price list does not include any Federal, State,
City or Local taxes, which may apply and are subject
thereto.
Shipment: Requested carrier will be used upon request.
ARGUS has the right to ship via any responsible carrier if
requested carrier is unavailable. Shipping charges are
payable by consignee and any claims arising as such
charges shall be resolved between the carrier and the
consignee. Shipping dates are approximates. ARGUS is
not responsible for any delays in deliveries that are
beyond our control.
Damaged Merchandise: Inspect shipment for any
damage, before accepting it. If damaged, open and
inspect the contents with the carrier. Any damage should
be noted and reported on the delivering carrier's receipts.
ARGUS does not assume nor responsibility for damages
while in transit.
Concealed Damage: If there is concealed damage to the
equipment, notify the carrier immediately. Notification
should be made verbally as well as in written form.
Request an inspection by the shipping company of the
damaged equipment. Retain all crating material until
inspection has been made.
Cancellations
&
Returns:
returned merchandise are subject to a 25% restocking
and handling charge. Written authorization is required for
a return of any equipment. All equipment returned must
be in its original factory crate; freight prepaid and must be
in the same condition as originally shipped by ARGUS.
Returns will only be authorized within 30 days of invoice
date.
10
Cancelled orders and