International Coolers, LLC warrants to the original purchaser of its products that the foamed-in place urethane panels purchased from International Coolers, LLC are free from defects in material and workmanship for a period of 10 years from the date of original shipment under normal use and service.
Exclusive Warranty – No Implied Warranties
This written and expressed warranty is the only warranty provided by International Coolers, LLC on the product it sells.
All warranties which might otherwise be implied in this contract, are hereby excluded from this contract. This includes excluding the implied warrant of merchantability and fitness for a particular purpose. There are no warranties, which extend beyond the description of the warranties on the face hereof.
The buyer’s exclusive remedy under this warranty or for the breach of this warranty shall be the repair or the replacement of the defective part by International Coolers, LLC. International Coolers, LLC shall repair, or at its option replace, F.O.B. the factory, any part of the product which its examination shall disclose, to its satisfaction, to be defective.
No other remedy, including rejection of goods, revocation of acceptance, nor consequential damages for personal or property damage, nor incidental damages shall be allowed to the buyer of this product.
Electrical Components and Hardware
All electrical components and hardware are warranted to be free of defects in materials and workmanship under normal use and service for one year from the date of the original shipment. Items such as fluorescent lights, ballasts and starters are not covered by this warranty.
Voidability of Warranty
This warranty is void and of no force or effect, and the buyer shall have no expressed or implied warranties against defects, nor remedies for defects, if any of the following events occur:
This warranty does not include food or product loss, labor or transportation charges for replacement or repair of defective parts. This warranty is nontransferable. The original purchaser is the business or individual to whom International Coolers, LLC originally sold this product.
These Terms and Conditions shall be incorporated into a Texas contract between Purchaser and International Coolers, LLC, and shall be interpreted and administered for all purposes under the laws of Texas. The Parties agree to be bound by the Terms and Conditions as incorporated into a Purchase Order and/or Invoice for the sale of products.
QUOTATIONS AND ACCEPTANCES:
All quotations and acceptances of orders are made with the mutual understanding that the orders are not subject to cancellation unless by mutual written consent. Care is taken to give reliable descriptions of the products and conditions of the products, but these are not guaranteed, and prospective buyers are advised to check details. The shipping date is approximate only and is conditional upon delays, nonperformance occasioned by strikes, fires, or other causes beyond our control, include shipping delays. We reserve the right to correct stenographic errors. It is understood that there are no conditions or agreements outside of our quotation, which includes these Terms and Conditions by reference, and that all prior conversations, agreements, or representations with reference to its subject matter are superseded. Additional provisions in documents provided by purchaser must be specifically agreed to in writing by seller. Otherwise said additions or modifications are deemed void.
A facsimile or email of the signed original of this document, or an emailed or other electronic approval referencing this document specifically shall have the same force and effect as a signed original and shall, upon receipt and acceptance by International Coolers, LLC., be binding on both parties.
Standard payment terms are payment in full is due at the time of order. Purchaser agrees to pay any change fees, storage fees, or additional delivery fees within ten (10) days of receiving an invoice of the additional costs. Parties agree that any lawsuit arising from any transaction between the parties hereto will be filed in Collin County, Texas.
No installation or job site supervision charges or services are included unless specified on this quotation. By signing each drawing (or accepting each drawing as authorized in ACCEPTANCE METHODS above), Customer certifies that the drawing meets required layout specifications. Customer agrees to comply with all installation instructions for building assembly and provide all structural requirements necessary in our standard and/or engineered (if required by specific job) drawings. Customer also agrees to abide by all ancillary equipment installation procedures. IF CUSTOMER FAILS TO DO SO, THEY AGREE TO INDEMNIFY AND HOLD
INTERNATIONAL COOLERS, LLC, OFFICERS, DIRECTORS, MEMBERS AND ITS PROJECT CONSULTANTS HARMLESS FOR ANY AND ALL DAMAGES CAUSED BY SAID FAILURE, INCLUDING ATTORNEYS’ FEES AND THE COST TO PROVIDE A DEFENSE.
QUOTES ARE VALID FOR 7 DAYS. After 7 days, prices are subject to change without notice.
During times of volatile market conditions, International Coolers, LLC reserves the right to apply a surcharge at any time in the order process to accommodate significant or frequent raw material or shipping price increases or labor shortages. International Coolers, LLC will notify its customers if the market conditions are such that this paragraph is triggered. Customer shall have the right to withdraw the order with no restocking fees or cancellation charges to apply. All surcharges need to be paid before International Coolers, LLC will ship the product.
If International Coolers, LLC is unable to perform its obligations under the terms of this Agreement because of acts of God, pandemics, strikes, delivery delays not the fault of International Coolers, LLC, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, International Coolers, LLC shall not be liable for damages to the Customer for any damages resulting from such failure to perform or otherwise from such causes.
All orders will be invoiced at the time of order. International Coolers, LLC shall provide an estimated ship date to Purchaser. This is solely an estimate and not a guaranteed ship date. If Purchaser requests International Coolers, LLC to hold delivery beyond the estimated ship date, customers will be charged $20.00 per day per pallet size space starting one week (7 days) after scheduled ship date. All storage fees have to be paid in full before International Coolers, LLC will ship the product.
No taxes of any kind are included in our quotes. All prices herein and/or contracts shall be subject to increase without notice, by the amount of any present or future sales or excise tax levied or charged, either by federal, state, or any other tax assessing agency as necessary. If a valid sales tax certificate is not on file with International Coolers, LLC., the customer will be responsible for taxes. Taxes are determined based on the ship to state.
F.O.B. (freight on board) is defined as when the goods are loaded onto the delivery vehicle at the International Coolers, LLC’s location or Factory and Freight is due at destination at buyer’s expense. All charges for unloading and transportation to job site are at buyer’s expense. Freight estimates in our quotes are estimates only. Due to volatility in the shipping industry, freight surcharges may be added at any point in the order process.
All contracts are contingent upon fire, strike, accidents, and delays in transit or other causes beyond our control.
Changes made after order has been accepted shall be submitted, in writing, signed by the purchaser. Purchaser agrees to the cost of any such changes applicable.
Title passes to buyer upon delivery to the carriers unless otherwise indicated. Safe delivery is to the carrier and loss or damage should be noted on delivery receipt and freight bill before acceptance of shipment. Make claims promptly. We are willing to assist in collection of claims.
All claims for incorrect products or replacement must be made and settled prior to installation. All products are inspected before shipment and are guaranteed against defective workmanship or material, subject to our standard warranty and damage caused during shipping or transport. International Coolers, LLC. assumes no liability for expenses or repairs made outside its factory without written authorization.
International Coolers, LLC. does not assume responsibility or costs for field changes to its products to meet local or state codes.
All orders resulting from this quotation are subject to acceptance by the factory. To begin production, factory needs customer’s signed order acknowledgment, approval drawing, and credit approval.
RETURN OF MATERIALS:
No goods may be returned without factory’s prior written consent. Restocking fees will be applied.
CANCELLATION OF ORDERS:
No order may be cancelled unless factory approves in writing. If cancellation request is approved, customer will be responsible to pay the quoted price for any items purchased specifically for this order and any work in production at the date of the cancellation request. If cancellation is approved and we can resell any items purchased for the order, restocking (if applicable) fees will be applied. Customer acknowledges that most factory orders are custom to each customer’s unique specification and cancellation will not always be available.
International Coolers, LLC. warrants to the original purchaser that the walk-in panels manufactured by the company are free from any defect in material or workmanship under conditions of normal use and service. The obligation of the manufacturer under this warranty shall be limited to repairing or replacing at their option FOB factory, panels of said walk-in which proves defective within ten years from the date of shipment. All hardware carries a standard one
year warranty. This warranty does not include any labor charges for replacement or repair of defective parts.
Refrigeration equipment carries a standard one-year factory warranty for compressor and accessories. The obligation of the manufacturer under this warranty shall be limited to repairing or replacing at their option FOB factory, any part of said refrigeration system which proves defective within one year from the date of purchase. An extended four-year compressor warranty and a 1st day through 5th year labor warranty are also available as an option.
This warranty is in lieu of all other warranties expressed or implied and does not apply to equipment which has been subject to any accident, alteration, abuse, misuse or improper installation. International Coolers, LLC expressly disclaims all other warranties expressed or implied. The standard warranty does not include any labor charges for replacement or repair of defective parts. In no event shall International Coolers, LLC. be liable for any special, direct or indirect, incidental or consequential damages or for any lost product, lost profits or revenues or other losses or damages caused by lost product or lost profits or revenues, whether for breach of warranty or otherwise. International Coolers, LLC. warranty does not cover any products installed outside of the continental United States.
For warranty work on your walk-in cooler or freezer, call our Customer Service Department immediately. You will then be advised of the proper procedure to follow. NO warranty work is to be performed without an authorization number, which will be provided by the Customer Service Manager. International Coolers, LLC. assumes no responsibility for work performed without an authorization number.