1. Acceptance: This Quotation constitutes the proposal of Advanced Air Products Company (“AAPC”) to purchaser. Any order given in response shall be subject to acceptance by “AAPC” and to all standard terms and conditions contained herein. Any conditions to purchase or modifications to this quotation proposed by purchaser, whether oral or written, given in response to this quotation shall not alter or modify any provisions of this quotation unless expressly agreed upon in writing by "AAPC".
  2. Shipping: Shipping shall be FOB point of origin unless otherwise stated. Each shipment will be made as per purchaser instructions and at purchaser’s expense, except when this quotation states FOB destination. Ship schedule dates will be held firm unless otherwise notified 60 days in advance of scheduled ship date. Any expense incurred by “AAPC” from factory will be forwarded to purchaser.
  3. Title to the Goods: Title to the goods and risk of loss passes to the purchaser at the “FOB Point of Origin”. “AAPC” has satisfied its obligation when goods are given to a common carrier and receipt made with a signed bill of lading, except when this quotation states FOB destination: Then title and risk of loss pass to purchaser when goods are delivered and signed for by a purchaser representative.
  4. Specifications: The products quoted in this quotation meet only those specifications stated on the face of this quotation and in the applicable manufacturer’s catalog and/or specifications.
  5. Warranties: The only warranty on products sold are those set for in the manufacturers express warranty, applicable to the component parts used in “AAPC” assembled product. There are not warranties that extend beyond the description on this page. “AAPC” disclaims any warranties, express or implied, of mechantability of fitness for a particular purpose. Without limitation to the preceding sentence, purchase acknowledges and agrees that "AAPC" is not in the business of providing engineering and design services. "AAPC" will, however, assemble products per customer specifications based on drawings or plans generated by AAPC that have been approved by customer, accordingly, customer agrees that the foregoing disclaimers of warranty apply to products that “AAPC” has assembled for customer based on customer specifications or otherwise, even if AAPC has prepared the drawings for plans for the product in questions.
  6. Special Items: These terms will apply to all orders which cover any products sold by “AAPC” to meet purchasers specifications or requirements, and/or are not a part of “AAPC’s” standard product lines offered in the usual course of “AAPC” business. Items marked as special items are guaranteed, non-cancellable orders. Items listed as “special items” are considered non-returnable except in case of manufacturing defects.
  7. Return Authorizations: Prior to return of any parts, issuance of a return authorization must be prearranged with “AAPC”. No returns will be accepted without and RMA# being issued. Credit will not be issued on parts which have been altered or defaced. A 25% minimum restocking charge will be applied to all returns unless previous arrangements have been agreed to in writing.
  8. Safety Devices: Since its equipment is often incorporated into customer’s systems and equipment AAPC will not be responsible for the recommendation, design, or installation of safety devices, and does not warrant or represent that equipment quoted meets any safety requirements other than those published in the equipment manufacturer’s catalog for which the manufacturer is responsible.
  9. Recommendations: The information on sellers quotations, letters and drawings is suggested with respect to requirements disclosed by the customers. Not withstanding any oral statements to contrary. “AAPC” makes no representations or warranties of any kind relative to such information and expressly disclaims any liability, therefore, it is the customer’s responsibility to determine suitability of any such information for his applications.
  10. Errors: Prices, clerical errors, or omissions may be changed in the quotation without notice.
  11. Credit Terms: Net30 days from ship date (where credit has been approved), unless otherwise agreed upon in writing by an authorized “AAPC” employee. All shipments made by “AAPC” will be on COD basis unless previous credit arrangements have been made.
  12. Payments: Purchaser shall pay amounts due for the products delivered pursuant to this quotation upon the terms and conditions set forth in the invoice delivered with such products. Any amount not paid when due shall bear interest from the due date until paid at a rate equal to the lesser of (A) 1.5% per month (18% per annum), or (B) the highest rate allowed by applicable law.
  13. Collections: Governing law: Collection. These conditions of sale shall be governed by Colorado law as applied to contracts between residents of such state to be wholly performed within such state. Any litigation, arbitration, or other legal action between AAPC and customer arising out of this agreement shall be tried to conducted, as the case maybe, solely in location city, and the prevailing party in such action shall recover its reasonable attorney’s fees and costs, in addition to all other recovery and relief. In the event that any amount due to AAPC by customer is not paid when due, in addition to all rights and remedies provided by law and these conditions of sale, purchaser shall pay to AAPC all costs, expenses and fees, including reasonable attorney’s fees, expended by AAPC to collect the amount due.
  14. Seller: Objects and takes exception to any terms in purchaser’s contract that are contrary to our terms and conditions.