HOMEnhancements Terms and Conditions of Sale For Shipments Within The United States of America Effective February 24, 2016
TERMS & CONDITIONS
While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Sunway HOMEnhancements makes no representations or warranties in relation to the accuracy or completeness of the information found on it.
In no event will Sunway HOMEnhancements be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website.
All Sunway Fan Company, and HOMEnhancements products are subject to Net 30 Day terms from date of invoice(s). Additional information can be found in the section titled PAYMENT AND COLLECTION within this document.
Sunway Fan Company and HOMEnhancements products may be combined on an order to qualify for freight allowance.
All shipments are FOB Carrollton, TX, and any authorized vendor location across the United States.
All orders for Sunway and HOMEnhancements products having a distributor price greater than negociated FFA or more for one consignee for one shipment qualify for freightallowance if invoice is paid within Terms.
All orders for Sunway and HOMEnhancements products having a distributor price less than FFA will be assessed freight and handling charges. less than FFA will be assessed freight and handling charges.
For all orders that qualify for freight allowance, we reserve the right to select the carrier and to route shipments at our discretion. We will ship in the manner selected by the customer provided the customer assumes any additional transportation costs.
Our products are inspected prior to shipping. Our packaging is regularly inspected by transportation authorities who assume responsibility for both apparent and concealed damages sustained by improper handling. Title passes to purchaser upon deliver by us to the carrier, and all claims for damages or shortages in transit shall be made by purchaser with delivering carrier. Bills of Lading marked with “Shippers Load and Count” do not constitute a transfer of liability for the freight or damages from the consignee to Sunway or Home Enhancements. Each shipment must be inspected by purchaser upon arrival. Any claims must be submitted via email to Sunway/Home Enhancements within 5 business days after delivery.
The company reserves the right to optimize packaging at our discretion. Some products may only be available in bulk package multiples or case quantities.
Prices are subject to change without notice. In the event of a price increase, all accepted orders on hand will be filled at the lower prices provided such order are released for shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase, the orders will be billed at prices in effect at the time of shipment. Special quoted orders that cannot be released for shipping prior to the price increase may be subject to an increase in price. Prices do not include lamps unless so specified.
RETURN OF STOCK MERCHANDISE
No merchandise may be returned without prior written authorization from Sunway/HOMEnhancements . Requests to return merchandise must be made within four (4) months from date of shipment by us. All returns must be shipped prepaid to the location designated on the return good authorization (RGA). All product(s) must be packaged in original packaging and in salable condition. Credit will be issued on the original invoice price, or price in effect at time of return, whichever is lower, less a minimum restocking charge of 20%. Special order product(s) are not returnable. Outdated or discontinued product(s) are also not returnable.
All non-stocking, special, customer made and modified products are not returnable.
SERVICE AREA LIMITATION
The Company reserves the right to refuse to make quotations, accept orders or make shipments to points of destination outside of the regular or assigned selling and service area of the distributor or manufacturer’s representative.
Sunway FanCompany and HOMEnhancements warrants all products sold hereunder to be free from defect in manufacturing, under normal and proper storage, installation, and use, for a period of one (1) year from the date of shipment. Damage to product related to moisture, humidity, or prolonged exposure to extreme temperatures, improper handling or misuse, are not warranted unless otherwise noted in product description. Our guarantee or warranty liability extends only to the repair or replacement of the defective part, and no labor charges for correction of the defect by repair or replacement will be paid by Sunway or HOMEnhancements unless prior written authorization has been granted by Sunway/HOMEnhancements. THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. SUNWAY/HOME ENHANCEMENTS MAKES NO REPRESENTATIONS OR WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, AND SUNWAY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES. EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DISTRIBUTOR OR SUPPLIER OF SUNWAY HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY.
LIMITATION OF LIABILITY
The forgoing limited warranty provides the purchaser’s sole and exclusive remedy relating to Sunway, and HOMEnhancements products. The total liability of Sunway on any and all claims of any kind, whether in contract,warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from Sunway’s performance or breach of the foregoing limited warranty or from Sunway’s sale, delivery, repair, or replacement of any products, or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty set forth above. IN NO EVENT SHALL SUNWAY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY.
Orders for stocking items may be canceled prior to shipping without charge. All other orders may not be canceled unless we are reimbursed for work already performed and for special material purchased by our company. If an order is canceled after shipment (whether it be land, ocean or air), or if delivery is refused at destination, all warehousing, delivery, disposition and return costs will be charged to the customer.
All orders for Products should be submitted by facsimile or email to the address or fax number available from the applicable product department. Telephone orders may be placed but must be confirmed in writhing within 24 hours. All orders are subject to acceptance in writing at Sunway’s principal place of business by faxes or other order acknowledgement; provided that, accepted orders will be subject to change, suspension and/or cancellation as provided by these Terms. Sunway reserves the right to accept or reject orders in whole or part in its sole, absolute discretion.
PAYMENT AND COLLECTION
Unless otherwise stated by Sunway in writing, terms of payment will be net 30 days from date of invoice. PURCHASER will pay Sunway the full amount of the purchase price of products upon the due date set forth on Sunway’s invoice. If invoice is paid within terms, and invoice amount meets prepaid freight allowances, freight allowance charges may be deducted from total invoice. Open accounts unpaid beyond their due date will accrue interest at the rate of 1 1/2% per month from the date the payment is due. If Sunway retains an agency and/or attorneysto collect amounts overdue, all collection costs and costs to repossess assets, including reasonable attorneys’ fees, shall be payable by PURCHASER. If PURCHASER becomes delinquent in its payment obligations to Sunway, or if, in Sunway’s sole, absolute business judgement, PURCHASER’S credit is impaired or PURCHASER is unable to pay its bills when due, Sunway may, immediately upon notice to PURCHASER, take one or more of the following actions as it may deem appropriate in its sole, absolute discretion to protect its financial position. 1)Refuse to accept any new orders 2)Cancel open purchase orders 3)Suspend shipments on released product 4)Declare all sums owed to be payable immediately 5)Cancel or modify any lines of credit.
Sunway or HOMEnhancements price sheets are not offers to sell, and possession of a price sheet or catalog does not entitle one to purchase. Specifications are subject to change without notice. Consult Sunway for verification. The compliance of our product to individual project specifications and the approval for their use is not warranted by our company. ACCEPTANCE Acceptance of orders can be made only at our warehouse facility or authorized dealers on the basis of these terms and conditions of sale. Sunway will not accept orders that require customer-furnished components. ENTIRE AGREEMENT Except as expressly agreed in writing signed by Sunway, the terms and conditions stated above shall constitute the entire sales agreement between Sunway and purchaser. Any contrary or additional terms or conditions submitted by the purchaser (other than the description of the products being ordered and the requested quantities, shipping date, and shipping location contained in purchaser’s purchase order) shall be deemed to be of no force or effect and are hereby rejected. Purchaser’s submission of a purchase order shall indicated purchaser’s acknowledgement of and agreement with these Terms and Conditions. Sunway Fan Company or HOMEnhancements reserves the right to change these Terms and Conditions of