The business listed in the business name and person authorizing service as a representative of the business listed on the service request form, henceforth named customer, authorizes RightWay Commercial Appliance Inc. to perform services requested and agrees to the following terms and conditions:
Payments are to be made in U.S funds. Unless otherwise specified all invoices are due upon completion. PRICES INVOICED WILL BE THOSE IN EFFECT AT TIME OF COMPLETION. RightWay Commercial Appliance Repair, Inc. reserves the right to place a service charge on past due accounts at the highest rate permitted by law.
RightWay Commercial Appliance Repair, Inc. warrants products* and services for a period of (90) days from date of completion, to the extent that RightWay Commercial Appliance Repair, Inc. will at its option repair or replace any such products if by reason of faulty material or workmanship, they prove defective under normal use and service and when properly installed, provided, however, that RightWay Commercial Appliance Repair, Inc. does not in any manner whatsoever warrant seals or packing materials in equipment handling special or corrosive fluids operating at unusual temperatures or pressures, improper lubrication, misapplication, lighting, improper voltage supply, deterioration by chemical action, detrimental well conditions, and wear caused by the presence of abrasive materials, do not constitute defects. EXCEPT TO THE EXTENT OF THE DESCRIPTIONS CONTAINED HEREIN, OR AS SPECIFIED ON RIGHTWAY COMMERCIAL APPLIANCE REPAIR, INC.’S ORDER ACKNOWLEDGMENT, THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN.
This warranty shall not apply to any equipment which has been subjected to misuse, neglect or accident, or has been altered or tampered with, or on which corrective work has been done without RightWay Commercial Appliance Repair, Inc.’s specific written, consent. RightWay Commercial Appliance Repair, Inc. does not recommend and will not assume any responsibility for rebuilding, repairing, special plating, coating, welding, or heat treating performed by another servicer or at the request of Customer.
*PARTS WARRANTIES ARE SUBJECT TO THE PARTS’ MANUFACTURERS’ TERMS AND CONDITIONS, RightWay Commercial Appliance Repair, Inc. will not be held liable for costs attributed to part failures outside of the manufacturer’s warranty period if that period is less than (90) days.
RIGHTWAY COMMERCIAL APPLIANCE REPAIR, INC. EXPRESSLY DISCLAIMS ANY OBLIGATION OR LIABILITY FOR LABOR PERFORMED IN CONNECTION WITH INSTALLATION OF REPAIRED OR REPLACED PARTS OR FOR ANY OTHER EXPENSE, INJURY, LOSS OR DAMAGE TO PERSONS (INCLUDING DEATH) OR TO PROPERTY OR THINGS OF WHATSOEVER KIND OR NATURE, WHETHER DIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM LOSS OF PROFITS, PRODUCTION, INCREASED COST OF OPERATION, OR SPOILAGE OF MATERIAL ARISING IN CONNECTION WITH THE SALE OR USE OF, OR INABILITY TO USE, RIGHTWAY COMMERCIAL APPLIANCE REPAIR, INC.’S EQUIPMENT OR PRODUCTS FOR ANY PURPOSE, EXCEPT AS HEREIN PROVIDED.
RightWay Commercial Appliance Repair, Inc. shall not be liable to Customer for any loss or damage suffered by Customer directly or indirectly, as a result of RightWay Commercial Appliance Repair, Inc.’s failure to deliver or delay in delivering the equipment, parts, or service, or failure to perform, or delay in performing, any other term or condition hereof, where such failure or delay is caused by fire, flood, natural disaster, labor trouble (including without limitation strike, slowdown and lockout), war, riot, civil disorder, embargo, government regulations or restrictions of any and all kinds, expropriation of plant by federal or state authority, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accident, explosion, act of God or other causes of like or different character beyond RightWay Commercial Appliance Repair, Inc.’s control and the time for delivery specified herein shall be extended during the continuance of such conditions and for a reasonable time thereafter.
The risk of loss or destruction of, or damages to, the product shall be on Customer from and delivery of the product to Customer or carrier, whichever first occurs.
Customer shall pay the amount of any federal, state, county or municipalities, use compensating, intangibles, gross income or like tax applicable to this transaction which is now in effect or may hereafter become effective, but not including taxes payable upon RightWay Commercial Appliance Repair, Inc.’s net income
No material will be accepted for credit when returned without written permission from RightWay Commercial Appliance Repair, Inc.’s home office. All material accepted for credit is subject to RightWay Commercial Appliance Repair, Inc.’s normal restocking charge. No material will be accepted for credit after (10) ten days from date of shipment.
The purchase of the products and/or services does not entitle Customer to employ the same with any patented process owned by RightWay Commercial Appliance Repair, Inc. or others except where Customer is expressly authorized to use such process.
Title to the products supplied hereunder, to any and all accessories hereto and substitutions therefor, shall remain in RightWay Commercial Appliance Repair, Inc. as a security interest until Customer has completed payment of the purchase price, plus accrued interest, if any, and fully performed all of the terms and conditions hereof.
It is understood that RightWay Commercial Appliance Repair, Inc. has relied upon data furnished by and on behalf of Customer with respect to the safety aspects of the products and/or services supplied hereunder and/or representations by or on behalf of Customer that such products will not be applied or used by Customer, Customer’s employees, or its customers in such a way as to detract materially from their safety in use. It is Customer’s responsibility to assure that such products, when installed and put in use, will be in compliance with safety requirements fixed by applicable law and will be otherwise legally adequate to safeguard against injuries to persons or property. CUSTOMER HEREBY AGREES TO INDEMNIFY. HOLD HARMLESS AND DEFEND RIGHTWAY COMMERCIAL APPLIANCE REPAIR, INC., AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY AND ALL LOSSES, COST, DAMAGES. CLAIMS, LIABILITIES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RESULTING FROM ANY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY CAUSED BY THE INADEQUACY FOR THE CUSTOMER’S INTENDED USE OF THE SAFETY FEATURES, DEVICES OR CHARACTERISTICS OF THE PRODUCTS SPECIFIED HEREIN, OR IN THE INSTALLATION, USE OR OPERATION OF SUCH PRODUCTS, EXCEPT CLAIMS SOLELY FOR REPAIR OR REPLACEMENT OF DEFECTIVE PARTS COVERED BY THE WARRANTY SET FORTH IN PARAGRAPH 2 HEREOF.
Any purchase order received by RightWay Commercial Appliance Repair, Inc. shall be construed to be a written acceptance of this quotation and offer to sell. Customer may purchase equipment, products, or services offered in this quotation only on RightWay Commercial Appliance Repair, Inc. terms and conditions included in this quotation. Customer may choose to issue a purchase order to identify equipment for purchase and for its own internal purposes. However, unless accepted in writing by an authorized employee of FMC, any terms and conditions contained in any purchase order, acceptance, acknowledgment, or other document Customer submits to FMC which are inconsistent with, different from, or additional to the terms and conditions of this quotation will be null and void, and in lieu thereof the terms and conditions of this quotation shall control.
If substitute or additional equipment, or repair parts, are purchased by Customer from RightWay Commercial Appliance Repair, Inc., the terms and conditions of the contract created upon acceptance of this offer to sell shall be applicable thereto, the same as if such substitute or additional equipment or repair parts had been originally purchased hereunder.
RightWay Commercial Appliance Repair, Inc. reserves the right to terminate the contract created upon acceptance of this offer to sell it.
Customer may not terminate the contract created upon acceptance of this offer to sell without RightWay Commercial Appliance Repair, Inc.’s prior written consent. If Customer shall attempt to terminate without RightWay Commercial Appliance Repair, Inc.’s consent or shall otherwise repudiate this contract, Customer shall be liable for all of RightWay Commercial Appliance Repair, Inc.’s costs and other commitments incurred to date of repudiation, plus RightWay Commercial Appliance Repair, Inc.’s incidental damages, plus the profit RightWay Commercial Appliance Repair, Inc. would have made from full performance of this contract.
No modification hereof shall be binding upon RightWay Commercial Appliance Repair, Inc. unless such modification is in writing signed by a duly authorized representative of RightWay Commercial Appliance Repair, Inc.,
If any part hereof is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be deemed inapplicable and omitted to the extent contrary, prohibited or invalid, but the remainder shall not be less invalid and shall be given effect so far as possible, and
The entire understanding between the parties hereto is set forth herein and any promises, representations, warranties or guarantees not herein contained shall have no force and effect unless in writing signed by RightWay Commercial Appliance Repair, Inc. and Customer.