Terms Of Service & Warranty
1) PAYMENT TERMS: Time is of the essence for payment. All payments shall be made to “Pivot Equipment Parts”. The terms apply to all Services/Goods and all payments must be in U.S. dollars. A finance charge at the rate of 8% per month will accrue from the payment due date if the payment is not made in full. In the case of refusal or inability of the Purchaser to accept the Services, the Purchaser shall be held liable for all expenses associated with the loss of Services/Goods, and other expenses and losses that may be incurred thereby. Any acceptance of late, partial payments or those marked “Paid in Full” shall not be deemed as a waiver to any of Pivot Equipment Parts’ rights to collect the full amount due or any other rights Pivot Equipment Parts has for Purchaser’s failure to pay.
2) TAXES: Sales tax may be applicable to this Agreement and are in addition to the price of the Services and Goods are to be paid by the Purchaser. If Purchaser believes that an item is exempt from sales tax, Purchaser shall identify such item and provide notice to Pivot Equipment Parts of the claimed exemption. Pivot Equipment Parts may then require Purchaser to provide additional support to prove that such tax exemption exists for the item.
3) CANCELLATION / POSTPONEMENT: Orders may not be canceled or postponed unless Purchaser obtains the written consent of Pivot Equipment Parts. Pivot Equipment Parts may require a reasonable cancellation or postponement charge and will notify the Purchaser of such charge at the time of sending its written consent of the cancellation / postponement or within a reasonable time period. Such cancellation / postponement charges shall take into account costs and expenses incurred by Pivot Equipment Parts, including the purchase of contract commitments and all other losses due to such cancellations or postponements including but not limited to the loss of Services, restocking fees. Cancellation and Postponement charges shall be imposed at the sole discretion of Pivot Equipment Parts.
4) NOTICE: Any notice required herein or by law must be in writing and delivered to Pivot Equipment Parts or Purchaser as it appears on the front page of this Agreement.
5) ACCEPTANCE OF SERVICES/GOODS: The Purchaser shall notify Pivot Equipment Parts in writing of any issues or claims that the Goods purchased from are not suitable for its described purpose, within 48 hours after the Services have been completed and the Goods delivered. Such notification shall specifically identify the issues in the Services and/or Goods; and Pivot Equipment Parts shall have a reasonable time to investigate, and if warranted, cure the issues. If the Purchaser fails to notify Pivot Equipment Parts within 48 hours then the Services and Goods shall be deemed accepted by the Purchaser.
6) PERFORMANCE OF SERVICES: Pivot Equipment Parts will strive to meet the promised performance of Service dates, but all such dates are approximations. Failure by Pivot Equipment Parts to deliver Services and/or Goods in a timely manner as a result of an unforeseeable event or Act of God, as described herein does not give Purchaser the right to cancel or hold Pivot Equipment Parts responsible for any damages resulting from the failure to deliver Goods within the time stated.
7) PURCHASER’S DUTIES. Purchaser agrees to follow and comply with the Installation Instructions supplied by Pivot Equipment Parts and applicable to the Goods purchased, failure to comply with the Installation Instructions will void any and all warranties provided by Pivot Equipment Parts and may impact the Purchaser’s ability to return the Goods as provided herein.
8) SUITABILITY. Seller’s Goods are designed to replace other parts selected by and in accordance with Purchaser’s needs. Pivot Equipment is therefore not responsible for any incompatibility of its Goods with Purchaser equipment. Purchaser is responsible for all costs of adjusting its equipment to make Pivot Equipment Parts’ Goods work.
9) LIMITED WARRANTIES. Subject to and consistent with the provisions of this Agreement, Pivot Equipment Parts warrants that the Goods are suitable and fit for the purpose(s) for which they are intended, as described and advertised on Pivot Equipment Parts’ website(s), catalogues, and other descriptions provided for by Pivot Equipment Parts. Limited Warranty. ANY AND ALL OTHER WARRANTIES OF SUITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Pivot Equipment Parts further warrants that its products shall be free from defects in material and/or workmanship as set forth in the written warranty shipped with the Goods, ALL WARRANTIES EXCEPT FOR THE EXPRESS, WRITTEN WARRANTY PROVIDED FOR THE PRODUCTS AND IN THESE TERMS OF PURCHASE ARE HEREBY EXPRESSLY DISCLAIMED.
10) RETURN POLICY – If Pivot Equipment Parts ships Purchaser the wrong or damaged Good and Purchaser timely notifies Pivot Equipment Parts of the defect as described in this Agreement which is approved by Pivot Equipment Parts, Purchaser may return the defective Good for a refund of the purchase price so long as Purchaser has provided adequate proof that the Goods were defective in the sole and absolute discretion of Pivot Equipment Parts. Pivot Equipment Parts will not be responsible for any down time the Purchaser may experience due to warranty or product issue. If Purchaser desires to return Goods to Pivot Equipment Parts because of a Purchaser’s error, Pivot Equipment Parts may in its sole and absolute discretion may accept returned Goods and Purchaser shall be charged a reasonable restocking fee in the sole and absolute discretion of Pivot Equipment Parts. as the result of Buyer’s error, and Buyer shall pay the cost of shipping to return the product to Seller. Seller reserves the right to refuse to accept return of a product that results from Buyer’s error if any condition set forth in this paragraph is not satisfied.
11) RISK OF LOSS. Pivot Equipment Parts shall bear the risk of product loss of during shipping until the Goods purchased have been delivered to Purchaser’ required location under this Agreement. Purchaser shall bear the risk of loss of all Goods after it has received delivery from Pivot Equipment Parts.
12) PURCHASER’S REMEDIES: The Purchaser’s exclusive remedy against Pivot Equipment Parts for Pivot Equipment Parts’ breach of this agreement shall be to make a claim to recover out of pocket costs incurred by Purchaser for additional out of pocket costs Purchaser incurs for Services not completed by Pivot Equipment Parts. IN NO EVENT SHALL PIVOT EQUIPMENT PARTS BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PIVOT EQUIPMENT PARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE GOODS SOLD HEREUNDER.
13) UNFORSEEABLE EVENTS AND ACTS OF GOD: Pivot Equipment Parts shall not be liable for any delay in or stoppage of performance hereunder resulting in whole or in part from Acts of God, weather conditions, labor issues, laws, and the inability to procure the necessary products, equipment or transportation to complete the Agreement, or any other circumstances or cause beyond the control of Pivot Equipment Parts.
14) WRITTEN MODIFICATION OF TERMS: Pivot Equipment Parts is not bound by any addition or modification of terms and conditions of this Agreement unless Pivot Equipment Parts agrees in writing to such modification. Furthermore, if Purchaser communicates with Pivot Equipment Parts additional terms or modifications to the Agreement, Pivot Equipment Parts’ acceptance shall not be construed as an acceptance to the additional terms and conditions or a waiver to the original Agreement, but an acceptance to the original Agreement.
15) COMPLETE AGREEMENT: Purchaser agrees that this Agreement constitutes the final agreement between Pivot Equipment Parts and the Purchaser. This Agreement supersedes all previous agreements (written and oral) between Pivot Equipment Parts and Purchaser and it contains a complete statement of the terms and conditions of the agreement between Pivot Equipment Parts and Purchaser. This Agreement may include additional documentation referenced herein which are made a part hereto. No oral statements, representations or terms have any binding effect or form any part of the Agreement.
16) ASSIGNMENT: This Agreement is not in any way to be assigned by Purchaser without the written consent of Pivot Equipment Parts. If Purchaser assigns this Agreement or attempts to assign it without Pivot Equipment Parts’ prior written consent, Pivot Equipment Parts may cancel such Agreement upon notice to Purchaser. Purchaser indemnifies and waives any claim it may now or hereafter have against Pivot Equipment Parts with respect thereto.
17) JURISDICTION AND VENUE: This Agreement shall be construed and enforced according to the laws of the State of Indiana. Any action arising out of the terms and conditions hereof shall be determined by the Hamilton County, Indiana Circuit or Superior Court or if required the appropriate Indiana Federal Court. Purchaser consents to such jurisdiction of said court and waives any claim it may now or hereafter have with respect to the jurisdiction or venue of said court. To the extent permitted by law, Purchaser waives the right to a trial by jury.
18) SEVERABILITY: In the event that any provision of this Agreement and Terms of Sale is found by a court of competent jurisdiction to be unenforceable, such provision shall not in any way invalidate the entire Agreement and all other provisions shall remain in full force and effect. The provision found to be invalid shall be modified to the extent permitted by law to provide the same effect as originally intended by the parties at the time of execution of this Agreement.
19) ATTORNEY FEES AND COSTS: The Purchaser shall reimburse Pivot Equipment Parts for all reasonable attorney fees, costs and expenses, incurred by Pivot Equipment Parts in connection with the enforcement of this agreement or the collection of any amount due from Purchaser to Pivot Equipment Parts.