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Quotes - Engineering - SalesAcceptance
These terms and conditions apply to every quotation issued and every order accepted by HeatX for equipment and parts sold through SanitaryExchangers.com. An order is accepted when HeatX issues a written order acknowledgment. Any terms on a purchase order or other buyer document that add to or differ from these terms are rejected unless HeatX agrees to them in writing.
Use of this website is also subject to these terms. HeatX may update them at any time; the version in force is the one posted here on the date a quotation is issued.
Quotations and Pricing
Quotations are valid for the period stated on the quotation; a quotation that states no period lapses when its pricing is withdrawn or revised. Prices are in US dollars, exclude sales and use taxes, duties and freight unless the quotation shows them, and are based on the fluids, flows, temperatures, pressures, materials, hygiene class, codes and documentation stated on the quotation. A change to any of those after quotation may change the price and lead time.
Sizing and selection data on a quotation are HeatX's engineering based on the information the buyer supplied. The buyer is responsible for the accuracy of that information and for confirming that the equipment suits the installation.
Orders and Changes
Orders should reference the HeatX quotation number and state the ship-to address, the required documentation, and any code stamp or mark required. HeatX will confirm the specification and the scheduled ship date on the order acknowledgment; the buyer should review it and report any discrepancy within five business days.
Changes after acknowledgment, including changes to materials, connections, finish, documentation or quantity, are accepted only in writing and may carry a price and schedule adjustment. Work already performed on custom-built equipment at the time of a change is charged.
Payment
Payment terms are as stated on the quotation and the order acknowledgement; buyers without an established account pay in advance or by credit card before shipment. Larger or long-lead orders may require a deposit with order and progress payments, which the quotation will state. Past-due balances may accrue interest at the rate stated on the invoice or the maximum rate allowed by law, whichever is lower, and HeatX may hold shipments on an account that is past due.
Shipment and Title
Unless the quotation states otherwise, equipment is sold FOB origin, freight collect or prepaid and added. Title and risk of loss pass to the buyer when the equipment is delivered to the carrier. The buyer should inspect every shipment on receipt and note any damage or shortage on the carrier's delivery receipt before signing; claims for freight damage are made against the carrier, and HeatX will assist with the documentation.
Delivery
Ship dates on quotations and acknowledgments are HeatX's best estimate from the information available and are not guaranteed. HeatX is not liable for delay caused by events beyond its reasonable control, including material availability, carrier delays, and delays in receiving approvals, drawings or information from the buyer. Approval drawings, where required, must be returned promptly; the lead time runs from the date of final approval, not the order date.
Cancellation and Returns
An order may be cancelled only with HeatX's written consent. Standard stock items cancelled before shipment are subject to the restocking charge stated on the order acknowledgement; items returned after shipment must be authorized in advance, shipped prepaid in new and unused condition in original packaging, and are subject to the same charge plus any freight and inspection costs.
Equipment built or modified to order, which includes most sanitary heat exchangers, cannot be returned. Cancellation of a custom-built order is charged at the cost of work performed and materials committed up to the date of cancellation, up to the full order value.
Warranty
Equipment is covered by the HeatX warranty stated on the Warranty page (/Warranty.html), which is the sole warranty on the equipment and replaces all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose. Performance is warranted only against the conditions stated on the quotation and order acknowledgment.
Limitation of Liability
HeatX's total liability arising from any order, whether in contract, warranty, tort or otherwise, is limited to the purchase price of the equipment concerned. HeatX is not liable for incidental, indirect, special or consequential damages of any kind, including lost production, lost product, downtime, labor, or the cost of substitute equipment.
Information on this website is provided for general guidance. Sizing, materials and code requirements for a specific installation are confirmed only on a written HeatX quotation.
Governing Law
These terms and any order under them are governed by the laws of the State of California without regard to its conflict-of-law rules. Any dispute arising from them or from equipment supplied under them is brought in the courts of the State of California, and both parties consent to that jurisdiction.
Contact
Questions about these terms, a quotation or an order: HeatX, 1-805-484-2992, Sales@HeatX.com, 8am to 5pm.
