All orders must be released to a single destination, unless otherwise instructed. Partial shipments can be made. Freight and handling will be added to each shipment. Prices are based on the current price lists and discount schedules and are subject to change without notice.
Terms of Payment
Subject to approval of credit, terms of payments are net 30 days from date of invoice. After 30 days interest will be charged at 1.5% per month. Buyer agrees to pay all costs of collection, including court costs and reasonable attorney’s fees.
Non-Stock and Non-Catalog Items
Custom orders are welcome, but a minimum order quantity or special handling charge or other conditions stipulated by CleanAlert, LLC may apply and may be subject to a restricted return policy.
All Shipments Are F.O.B. Point of Origin
Upon delivery to carrier, risk of loss shall be on Buyer. Shipping dates are approximate and not guaranteed. CleanAlert, LLC shall not be liable for delays in deliveries or failure to manufacture or deliver due to causes beyond its reasonable control including but not limited to acts of God, acts of Buyer, acts of military or civil authorities, fires, flood, epidemic, war, delays in transportation or inability to obtain necessary labor, materials or components. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost by reason of such delay. In the event that it becomes impossible for CleanAlert, LLC to perform all or any part of this agreement hereunder because of any of said causes, then CleanAlert, LLC shall have an absolute right to cancel this agreement. In the event of cancellation, the Buyer shall be obligated to CleanAlert, LLC for that portion of the agreement actually performed. Orders with indefinite delivery dates are accepted upon the understanding that CleanAlert, LLC shall have the right to fill said order as it sees fit in the course of its manufacturing schedule and to hold the goods for Buyer’s expense and risk, pending receipt of definite delivery instructions. Goods not shipped within the specified terms of a contract or blanket order may be adjusted in price in accordance with discounts applicable to the actual volume shipped within the contract term.
Returns For Repair/Replacement
Prior to equipment being returned for repair or replacement due to causes not covered by CleanAlert, LLC’s warranty, the Buyer shall notify CleanAlert, LLC in writing, and after receipt of shipping advice, the Buyer may return it to CleanAlert, LLC with shipping charges prepaid.
Returns For Credit
No returns for credit will be accepted unless CleanAlert, LLC’s permission has been obtained in advance. All returns are considered on a case-by-case basis. Products from CleanAlert, LLC’s current product line which are in active demand and new and unused and in original packaging can be accepted for credit. Credit will be based on prices prevailing at the time of return, or invoiced price, whichever is lower, subject to a deduction for handling and restoring goods to a resalable condition. Obsolete or specifically manufactured goods can be accepted only to the extent of value to CleanAlert, LLC in each case. No credit will be issued to other than the original purchaser.
For the a period of time equal to the Warranty Period following the date of purchase of a Product, if the Product ceases to function and/or functions improperly due to a defect in material or workmanship, CleanAlert, LLC will repair or replace the Product (at its sole discretion) free of charge to the customer. (The Warranty Period shall be three (3) years for the FRADENPROBE®, one (1) year for the FILTERSCAN®, and three (3) years for the SensorDock®.)
This warranty does not apply to:
- Damage caused by accident, abuse or mishandling of the Product after it has left CleanAlert, LLC’s facility;
- Acts of God;
- Units which have been subject to unauthorized repair and/or have been opened, taken apart or otherwise modified;
- Units not used properly;
- Damages exceeding the cost of the Product; and
- Damages that are considered normal wear and tear (in CleanAlert, LLC’s sole discretion).
A Product requiring warranty service shall be sent by the customer to CleanAlert’s facility in West Chester, PA. This warranty does NOT cover the costs of having the Product transported to CleanAlert, LLC for warranty service. The customer is responsible for safely sending the Product to CleanAlert, LLC.
THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHICH MAY BE CLAIMED TO ARISE BY OPERATION OF LAW, CUSTOM, TRADE USAGE, OR COURSE OF DEALING BETWEEN CLEANALERT, LLC AND THE CUSTOMER.
Limitation of Remedy
IN NO EVENT SHALL CLEANALERT, LLC BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE AMOUNT OF MONEY THAT CLEANALERT, LLC CHARGED FOR THE PRODUCT(S), OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCT(S), TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.Compliance With Laws
CleanAlert, LLC has complied with all applicable Federal, State and local laws and regulations in connection with the manufacture and sale of all equipment. No responsibility or liability will be taken for import duties, laws, regulations or taxes imposed by any foreign country.
Any manufacturer’s excise tax, use tax, sales tax, or tax or duty of any nature whatsoever arising out of or assessed against orders, shall be added to the prices quoted or invoiced and shall be paid by the Buyer, and in the event CleanAlert, LLC is required to pay any such taxes or duties, the Buyer shall reimburse CleanAlert, LLC unless Buyer shall provide CleanAlert, LLC at the time an order is submitted with exemption certificates or other documents acceptable to taxing or custom authorities.
Governing Terms and Conditions
All the terms and conditions hereof shall govern the sale to Buyer and nothing contained in Buyer’s order shall change or modify the terms and conditions hereof. Acceptance of the goods described on the sales order acknowledgement shall be deemed acceptance of the terms and conditions hereof. All clerical errors are subject to corrections.
Rejection of Buyer’s Terms and Conditions
CleanAlert, LLC also expressly disclaims and rejects all language, terms and conditions on Buyer’s purchase order or otherwise not specifically adopted or set forth herein.
Buyer agrees that this transaction is to be governed by the laws of the State of Ohio.