ACCEPTANCE   Buyer accepts these terms and conditions by paying any portion of the sales price.

ENTIRE AGREEMENT   This document, together with any attachments, constitutes the entire agreement between the parties and supercedes all prior agreements: no understanding, modification, trade custom or prior course at dealing at variance with these terms and conditions will bind C & D Equipment L.L.C. This document may only be amended in writing signed by both parties.

PRICE PROTECTION   Prices quoted are guaranteed for 15 days from the date quoted in writing unless stated otherwise. This applies to both quotes and Sales Agreements.

C & D Equipment L.L.C. reserves the right to correct typographical errors in the quoted prices at any time.

DELIVERY OF EQUIPMENT   All equipment ordered from C & D Equipment L.L.C. or its vendors is shipped F.O.B. factory. Buyer assumes all risk of loss once the equipment has been picked-up by the delivery carrier and continues in transit to the "ship to" address. Buyer agrees to look exclusively to the delivery carrier for damages if incurred during delivery. C & D Equipment L.L.C. will provide helpful assistance if necessary to resolve any issues.

THE DELIVERY DRIVER IS NOT REQUIRED TO ASSIST WITH UNLOADING!

NO LIFTGATE IS PROVIDED UNLESS NOTED ON THE SALES AGREEMENT!

CUSTOMER MUST HAVE ADEQUATE PERSONEL AT TIME OF DELIVERY TO UNLOAD MATERIALS IN A REASONABLE AMOUNT OF TIME.

TERMS:   Buyer will pay a minimum non refundable deposit of 25% to 50% the sale price.

The outstanding sales balance will be due prior to delivery. All payments must be made by cash or cashiers check. C & D Equipment L.L.C. or its agents will not accept a personal or business check.

DELAY IN PERFORMANCE   C & D Equipment L.L.C. will exercise its best efforts to deliver the Goods in a timely manner, but buyer acknowledges that the estimate of shipment and delivery is approximate only and C & D Equipment L.L.C. shall have no liability for loss of use or for any direct, indirect or consequential damages resulting from any delay in shipment or delivery. C & D Equipment L.L.C. is not responsible for any delay, failure or omission due to any cause beyond its control, such as labor strikes, shortage of materials, inclement weather, interruption in electrical service, acts of God, war or similar events. Usual delivery lead ime is 3 to 4 weeks.

INSPECTION   Buyer must inspect the goods upon delivery and provide C & D equipment L.L.C. with written notice of any defects. If any material is not in acceptable condition the affected pieces should be refused. Otherwise Buyer waives its right to object to the condition of the goods.

CLEARED AREA/DEBRIS   Buyer agrees to clear an area where the goods are to be delivered. All shipping debris to be disposed of by customer.

INSTALLATION AREA   The goods are designed to operate on a smooth, level, immovable surface. An unleveled floor or shift in the structure housing the equipment may cause an errant door alignment or seal, panel separation or equipment malfunctions. C & D equipment will not be liable for any damage associated with an unleveled surface or structural movement.

MECHANICAL REQUIREMENTS   Unless otherwise stated, Buyer is responsible for all utility service such as electrical connection, water lines and approved drainage, roof penetrations for outdoor motors, and must secure all necessary tradesmen required for the installation of the goods.

PERMITS   Buyer is responsible for obtaining all permits for the installation or operation of the Goods.

TAXES   Federal, State and local taxes, (unless otherwise shown on the Sales Agreement), are not included and are buyers responsibility. C & D Equipment L.L.C. may bill Buyer separately at any time for any such charge as C & D equipment L.L.C. may be requested to collect or pay.

INITIAL USE   The goods must be operated for at least 48 hours prior  to placing any product in unit.  Buyer should thoroughly review all equipment manuals and instructions and contact C & D Equipment L.L.C. with any questions.

POTENTIAL FOR MOLD   C & D EQUIPMENT L.L.C. IS NOT RESPONSIBLE FOR MOLD ACCUMULATION OR DAMAGE RESULTING FROM MOLD IN, ON OR AROUND THE COOLER OR ITS CONTENTS OR FOR ANY PERSONAL INJURY CLAIM DUE TO EXPOSURE TO MOLD.

ADDITIONAL CHARGES   In addition to the outstanding balance of the sales price, Buyer agrees to pay the following prior to delivery.

a.        Any actual costs C & D Equipment L.L.C. incurs transporting or storing the Goods if the Buyer fails to pay the outstanding balance upon delivery or the Goods cannot be delivered for any reason outside the control of C & D Equipment L.L.C.,, its agents or subcontractors.

b.        Any actual costs C & D Equipment L.L.C. incurs if the Goods cannot be delivered due to Buyers error, omission or lack of preparation of the installation area.

c.        A commercially reasonable charge for  deliveries requested outside the normal business hours (Monday-Friday), (8:00 A.M. 5:00 P.M.) or requiring a specific start or start time.

d.        A commercially reasonable charge for deliveries or labor required to handle stairways, inadequate door openings, structural obstacles or long delivery routes when direct access to installation site is not available; and

e.        A commercially reasonable charge for removal of crating and packing materials if requested by Buyer.

LIMITED WARRANTY:  THERE IS NO WARRANTY OF MERCHANTIBLITY OR WARRANTY THAT THE GOODS WILL BE FIT FOR A PARTICULAR PURPOSE.

BUYER AGREES THAT ALL WARRANTIES ARE MANUFACTURERS WARRANTIES ONLY, AND ARE SUBJECT TO ALL MANUFACTURERS LIMITATIONS AND EXCLUSIONS.

NO MATERIALS SOLD BY C & D EQUIPMENT L.L.C. ARE WARRANTIED BY C & D EQUIPMENT L.L.C., ONLY MANUFACTURERS WARRANTIES APPLY TO ALL SALES.

WARRANTIES EXTEND ONLY TO THE BUYER AND AUTOMATICALLY TERMINATE UPON TRANSFER OF BUSINESS OR GOODS.

EQUIPMENT MANUFACTURERS WARRANTY POLICIES, TERMS, AND LIMITATIONS ONLY WILL GOVERN WARRANTY ISSUES. ALL DECISIONS MADE BY THE EQUIPMENT MANUFACTURERS ARE MADE AT THE DISCRETION OF THE MANUFACTURER, NOT C & D EQUIPMENT L.L.C.

ALL WARRANTY WORK MUST BE PRE-APPROVED IN WRITING AS TO THE SCOPE AND COST OF ANY AND ALL WORK TO BE PERFORMED FOR ANY CLAIM TO BE CONSIDERED.

FREIGHT AND OR SHIPPING CHARGES TO SEND A REPLACEMENT PART OR PARTS ARE NOT COVERED UNDER WARRANTY. ANY AND ALL SUCH CHARGES ARE THE RESPONSIBILITY OF THE WARRRANTY CLAIMANT.

WAIVER OF WARRANTY --  ALL EXPRESSED WARRANTIES ARE AUTOMATICALLY VOIDED IF BUYER ATTEMPTS TO REPAIR THE GOODS, EITHER PERSONALLY OR THROUGH ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM THE MANUFACTURER AS TO SCOPE OF WORK AND PRICE.

ANY AND ALL WARRANTY CLAIMS MUST BE FILED IN WRITING WITHIN 30 DAYS OF DATE OF COMPONENT PROBLEM OR FAILURE. WRITTEN CLAIM MUST INCLUDE ALL DOCUMENTS OF PROOF, INCLUDING, BUT NOT LIMITED TO ANY AN ALL RELEVANT INVOICES, AND RETURN OF THE PART OR PARTS THAT MAY HAVE BEEN REPLACED. 

BUYERS REMEDY:  BUYERS SOLE REMEDY IS APPLICATION OF MANUFACTURERS WARRANTIES AND LIMITATIONS. BUYER ALSO AGREES THAT C & D EQUIPMENT L.L.C WILL NOT BE RESPONSIBLE FOR BUYERS CONSEQUENTIAL OR INCIDENTAL DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING BY WAY OF EXAMPLE ONLY, REPAIR OR REPLACEMENT COSTS, LOSS OF ANTICIPATED PROFITS, LOSS OF PRODUCT, PUNITIVE/EXEMPLARY DAMAGES OR NON-ECONOMIC DAMAGES.

GOVERNING LAW   Texas law shall govern any dispute between the parties pertaining to this document or the Goods.

JUSRISDICTION   Any dispute between the parties involving this document or the Goods shall be filed in Tarrant County,Texas.

C & D EQUIPMENT L.L.C. DAMAGES   C & D equipment L.L.C. shall receive actual, consequential and incidental damages, costs, interest and attorney fees if buyer violates these terms and conditions.

CANCELLATIONS   Buyer agrees to pay 25% to 50% of sales price as a re-stocking fee on all orders, plus freight charges, if any order is cancelled.

SUBROGATION CLAUSE   Buyer agrees to purchase and maintain insurance which permits a waiver of liability and contains a waiver of subrogation. If Buyer has an insured loss, then Buyer agrees to release Seller and its agents for any claim for such loss to the extent of any recovery under its insured loss, then Buyer agree to release Seller and its agents for any claim for such loss to the extent of any recovery under its insurance even if Sellers goods or workmanship may have caused or contributed to the loss.

Cancellations:

Buyer agrees to pay 50% of sales price on all orders, plus freight charges if any order is cancelled.

C & D Equipment Installations:

When C & D Equipment has been contracted to do partial or full installation, only the portion of installation contracted to be performed by C & D Equipment is subject to a limited 30 day labor warranty. Problems that may arise from aspects of the installation not performed by C & D Equipment are not covered by C & D Equipment for any labor charges that may be incurred.