CITRUS AMERICA, INC.
STANDARD TERMS & CONDITIONS
Definitions: (a) “CAI” shall mean Citrus America, Inc. (b) “Products” or “Services” shall mean those products or services identified in the quote, sales order, and/or invoice (c) “Buyer” shall mean the party identified as the buyer in the submitted purchase order.
Citrus America, Inc. expressly rejects any additional or different terms or conditions proposed by Buyer, regardless if contained in any of Buyer’s business forms or in Buyer’s website, and such additional or different terms will be of no effect, unless a signed written agreement between Citrus America, Inc. and Buyer has been executed.
- All quotes valid for a maximum of 30 days from date of quotation, unless otherwise noted. All quotes are subject to change thereafter without notice to Buyer.
- All prices are in US$ and are subject to change without notice.
- Sales prices to do not include sales, use, value-added or any other taxes.
- Sales prices to not include shipping and handling fees, which may be charged separately if Buyer has agreed to have CAI arrange shipping.
- Shipping cost estimates provided are only estimates and may fluctuate dramatically due to present market conditions.
Unless otherwise specified, no Products will be shipped until Buyer has submitted a valid written purchase order or a signed/approved quote or sales order. Purchase orders shall state: the Products ordered, including model numbers, if applicable; quantity; cost; requested delivery dates; billing address; shipping address; and shipping instructions.
- All invoices shall be due and payable in full in accordance with the terms set forth on CAI’s invoice. For payment instruction details see CAI’s “Client Payment Instructions”.
- Buyer may not, at its election, set-off against any amounts CAI owes to Buyer; any amounts Buyer owes to CAI. Buyer may not withhold payment for shortages and/or non-conforming Products or Services without filing a proper Claim (see below).
- If payment is not received within terms, CAI reserves the right to collect interest at a rate of one percent (1%) per month. CAI shall have the right to require payment in advance for subsequent orders or services.
IV. DEBT COLLECTIONS:
If payment is nor received after 120 days, CAI reserves the right to refer the debt to a debt collection agency. Buyer must pay for any costs incurred in connection with the recovery of the unpaid invoice (including the agency’s fees and any legal fees)
V. TAXES AND OTHER CHARGES
- Buyer is responsible for all sales, VAT, or related taxes applicable to the purchase of CAI’s products. CAI may add such taxes, for Florida shipments, to the invoice and Buyer will be responsible for payment of such taxes, unless Buyer provides a valid exemption certificate or other document acceptable to the authority imposing the tax. Outside the state of Florida, Buyer is responsible for tracking and paying any applicable sales & use taxes.
- Buyer is responsible for all duties and other government fees applicable to the purchase, excluding initial import into the United States of America. For the avoidance of doubt, this clause applies to non-US locations.
VI. DELIVERY AND ACCEPTANCE
- CAI reserves the right to designate the common carrier and to ship in the manner it deems most economical, if Buyer has agreed to have CAI arrange shipping.
- Risk of loss or damage passes to Buyer on delivery to the common carrier. Any claim for loss or damage (obvious or concealed) is the sole responsibility of the Buyer and shall be made to the carrier directly. CAI will render reasonable assistance to the buyer in securing satisfactory adjustment of such claims.
- CAI will not be responsible for any loss or damage to the Buyer (or any third person) occasioned by shipping delays, changes in shipping schedules or non-delivery by the carrier.
- The Buyer must notify CAI immediately upon receiving damaged shipments and no later than 24 hours with pictures of damaged boxes. Any notices of shortages or other errors with any order must be made in writing to CAI withing three (3) business days of receipt (“Claim”); failure to give such notice shall constitute unqualified acceptance and a waiver of all Claims by the Buyer.
- Refer to CAI’s Limited Original Commercial Equipment Warranty for details.
- Only the warranties set forth in the standard warranty policy shall apply to products. CAI hereby disclaims all other warranties, express or implied. CAI’s limited warranty policy covering any products shall be null, void, and of no effect if the Buyer or any third party uses that product for any use other than the intended use of that product.
- No returns will be accepted without the express written consent of CAI. Return claims by Buyer must be sent to CAI within thirty (30) days of receipt of goods. Failure to notify CAI within the timeframe constitutes a waiver of all claims by Buyer.
- A Return Merchandise Authorization (RMA) must be given by CAI prior to Products being shipped, freight prepaid, by Buyer.
- The Buyer will bear all return shipping charges. Any damage in transit to Products being returned is Buyer’s responsibility.
- Returns that have been approved by CAI must be received within thirty (30) days of approval and will not be considered after ninety (90).
- All accepted returns are subject to a 30% restocking fee. Credit will only be issued once CAI has inspected equipment and the equipment is deemed new and unused. CAI reserves the right, after its inspection, to make deductions for missing parts, missing packaging, damaged equipment, necessary repairs, etc.
IX. ERRORS OR OMISSIONS
- Errors or omissions in any quotes, acceptance, specification, or other document shall be subject to correction at CAI’s discretion.
X. LIMITATION OF LIABILITY
Except with respect to the obligations assumed in the express limited warranty set forth above, under no circumstances will the manufacturer and any authorized distributor be liable for any loss, damage, whether direct, indirect, incidental, special, consequential, or punitive, or for any costs or expenses incurred, arising out of or in connection with the use of the Citrocasa juicer.
Buyer agrees to indemnify, hold harmless and defend the manufacturer and authorized distributors from and against any and all liabilities and expenses arising out of any injury or damage which results from Buyer’s use, misuse, negligence, misapplication, modification, ownership, failure to inspect, maintain or repair the Products or Buyer’s violation or alleged violation of any federal, state, county or local laws or regulation, including without limitation, the laws and regulations governing product safety and labor practices.