Terms and Conditions
AQC Industries, LLC is a manufacturer for the various products quoted in this proposal. Acceptance of this proposal is deemed to be acceptance of the terms and conditions set forth by the various products represented herein.
PRICE POLICY: Quotations are subject to acceptance within thirty (30) days from date of quotation. Prices quoted are subject to escalation policies of various AQC Industries, LLC suppliers and acceptance of this quotation is deemed as acceptance of the terms set forth by those suppliers.
TERMS: Terms of payment are subject at all time to the approval of AQC Industries, LLC Credit Department.
CLAIMS: The responsibility of AQC Industries, LLC and their suppliers ceases upon delivery of goods in good order to the carrier. Claims for the factory shortages will not be considered unless made in writing to AQC Industries, LLC within ten days after receipt of the goods and accompanied by reference to our bill of lading and factory order numbers. As all goods are shipped at customer’s risk, any claims for damage or shortage in transit must be filed by customer against the transportation company.
TAXES: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by the customer in the same manner and with the same effect as if originally added thereto.
CANCELLATIONS: Accepted orders are not subject to cancellation without AQC Industries, LLC and suppliers being reimbursed for any and all expenses.
DELAYS: AQC Industries, LLC and suppliers shall not be liable for any delays caused by riots, strikes, fires, floods, lack of transportation, accidents, or any other contingency beyond its control.
PRODUCT CHANGES: In the interest of continuous product improvement, AQC Industries, LLC and suppliers reserve the right to change specifications and/or design without incurring obligation.
RETURNED GOODS: Goods may not be returned except by permission of authorized factory officials of AQC Industries, LLC and suppliers at St. Paul, Minnesota, and when so returned will be subject to a handling charge and transportation costs.
Authorized return goods should be returned to suppliers as directed by AQC Industries, LLC, depending on point of origin, return shipments should be direct to St. Paul.
The below warranty supersedes and is in lieu of all other warranties including any warrant of merchantability expressed or implied, and no person, agent or dealer is authorized to give any warranties on behalf of AQC Industries, LLC and suppliers nor to assume for AQC Industries, LLC and suppliers any other liability in connection with any of AQC Industries, LLC and suppliers’ products.
IN CONCLUSION: All orders accepted by AQC Industries, LLC and suppliers are with the express condition that the purchaser agrees with the terms and conditions appearing on the face and reverse side hereof. AQC Industries, LLC and suppliers’ failure to object to the provisions contained in the customers’ purchase order or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. No representations or guarantees other than those contained herein shall be binding upon AQC Industries, LLC and suppliers unless made in writing and signed by an official of AQC Industries, LLC and suppliers.
AQC Industries (AQC) warrants that in normal and contemplated use and service, The BlueDuct®, Q Duct® and PalDuct® Products shall be free from defects in manufacturing materials and workmanship for a period of ten (10) years from the date of manufacture set forth on each of The BlueDuct®, Q Duct® and PalDuct® Products (the Limited Warranty). The Limited Warranty shall only be applicable if AQC is given prompt written notice specifying the nature of the warranty claim within the applicable warranty period.
Upon confirmation by AQC that a BlueDuct®, Q Duct® and PalDuct® Product proves to be defective in manufacturing, materials or workmanship, the exclusive remedy shall be for AQC to, at its option, repair or replace the defective BlueDuct®, Q Duct® and PalDuct® Product or issue a credit or refund. The Limited Warranty does not extend to any BlueDuct®, Q Duct® and PalDuct® product subjected to misuse, accident, or alteration. This Limited Warranty does not extend to improper installation.
This Limited Warranty does not cover any loss caused by accidents or careless handling of a BlueDuct®, Q Duct® and PalDuct® Product. This Limited Warranty does not apply to any BlueDuct®, Q Duct® and PalDuct® Product which has been damaged in transit, abused, altered, modified, used in a manner not originally intended, or used. This Limited Warranty does not cover any BlueDuct®, Q Duct® and PalDuct® Product that has been installed in a manner not consistent with The BlueDuct®, Q Duct® and PalDuct® Product instructions.
The Limited Warranty set forth above is the only warranty AQC makes for The BlueDuct®, Q Duct® and PalDuct® Products and is in lieu of all warranties express, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose and infringement, and warranties arising from course of dealing, usage of trade or otherwise. The remedies set forth in this limited warranty are the only remedies available to any person claiming for breach of warranty or for any damages of any kind or nature. AQC shall not have any other liability of any descrription,whether arising out of warranty (including any implied warranties) or any other contract, negligence, tort or otherwise, including, but not limited to, cost for removal of defective product, cost for installation of ANY replacement product, commercial loss from any cause, business interruption of any nature, loss of profits or any other consequential loss or damage, even if AQC shall have been advised of the possibility of such loss or damage.
In the event any implied warranties (including, but not limited to the implied warranties of merchantability and fitness for a particular purpose) are found to exist, such warranties are limited (i) in duration to the period of the limited warranties set forth in this Limited Warranty, and (ii) in amount to the total amount paid to AQC for the product in question.