Terms and Conditions of Sale
ACCEPTANCE: All orders issued to IAC Acoustics are subject to acceptance and are not binding unless and until so accepted. Acceptance of an order constitutes a complete and binding contract governed by the laws of the State of Massachusetts.
PRICES: Catalog prices are subject to change without notice. Orders received after the effective date of catalog price revisions will be accepted at the price in effect at the time the order is received by IAC Acoustics.
MINIMUM ORDER: $ 500 net (less freight).
VERBAL ORDERS: Verbal purchase orders will be accepted but we will not ship any product until a written purchase order is received signed by an authorized buyer’s employee.
DEPOSITS: May be required for orders requiring non-standard custom materials, custom engineering or for buyers with unacceptable credit history.
TAXES: All applicable taxes are the sole responsibility of the buyer. We collect & remit sales tax in the states of AZ, CA, CO, CT, FL, GA, HI, IA, IL, IN, KY, LA, MA, MD, ME, MI, MN, MS, NC, NJ, NV, NY, OH, OK, SC, TX, VA, WA and WI only. If your purchase is tax exempt in those states, you must submit a resale number and a copy of your State Exemption Certificate. We do not collect & remit taxes in any other state. If your purchase is taxable you must self-asses and remit to your state directly.
RETURNS: Standard Catalog items may be returned, with prior written approval, within 30 days of shipment and are subject to a 30% restocking charge. All returns must be in resalable condition, properly packed and shipped back to the factory with all freight charges prepaid. Custom ordered or fabricated products are not returnable.
CLAIMS for LOSS or DAMAGE: Claims for shortages must be made in writing to IAC Acoustics within (48) hours of receipt. The buyer must thoroughly inspect the shipment received immediately upon delivery. IAC Acoustics products are shipped EX-WORKS our dock. IAC Acoustics packages all products for shipment with reasonable care and using normal packing material. If the customer believes that IAC Acoustics failed to ship an item or shipped a defective item, IAC must be notified in writing within (48) hours of delivery. It is the customer’s responsibility to provide bill of lading, marked as damaged, along with photographs of the damaged products to IAC Acoustics. If project is customer pick up, claims for loss or damage are the sole responsibility of the customer. 3.2.9
CANCELLATIONS: Buyer may cancel prior to shipment, all, or any portion of an order by giving written notice by certified mail. On receipt of the cancellation notice, work will be stopped as promptly as is reasonably possible, and the buyer will be invoiced for and will pay IAC Acoustics a cancellation charge computed on the basis of established prices for all 8 completed items. Incomplete items will be invoiced at full cost incurred by IAC plus an additional 35%. All orders are subject to a minimum $ 300.00 cancellation fee. Custom or Engineered system orders that are cancelled prior to shipment are subject to the above referenced cancellation fees plus all engineering and sales costs incurred up to the date of cancellation which may be significant.
DELAYS: Shipment and delivery dates are estimated dates only. IAC Acoustics shall not be liable for any expenses, loss or damage resulting from delay or prevention of performance caused by fires, floods, Acts of God, strikes, labor disputes, labor shortages, inability to secure materials, equipment or manufacturing facilities, riots, thefts, acts of terrorism, accidents, transportation delays, acts or failure to act of Government or of Buyer, major equipment breakdown, fuel shortages, or any other cause whatsoever whether similar or dissimilar to those enumerated above, beyond the reasonable control of IAC.
WARRANTY: IAC Acoustics warrants to the original buyer that all products are free from defects in material or workmanship for one year from the date of shipment which are used under normal working conditions. Any product which is portable must be returned to the factory prepaid, and which upon examination appears to IAC’s satisfaction to be defective shall be repaired or replaced at IAC Acoustics sole option. Any repairs or expenses made outside of IAC Acoustics factory shall be the buyer’s responsibility unless IAC Acoustics has given prior written approval. THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, SPECIFICATIONS, WARRANTIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A SPECIFIED OF INTENDED PURPOSE. THE REMEDY SPECIFIED REPRESENTS THE SOLE LIABILITY OF IAC AND THE SOLE REMEDY OF THE BUYER WITH RESPECT TO OR ARISING OUT OF THE EQUIPMENT OR SERVICES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
CONSEQUENTIAL DAMAGES: Notwithstanding any other provision of this contract, in no event shall IAC Acoustics be liable, whether arising under performance of this contract or breach of this contract, tort, including negligence and strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, service interruptions, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage. We do not accept contracts or purchase agreements with Liquidated Damages.
LIMITATION OF LIABILITY: IAC Acoustics liability on any claim of any kind, including negligence or strict liability, for any loss or damage arising out of or relating to this contract shall in no case exceed the contract price of the part or parts giving rise to the claim.
GENERAL: The provisions stipulated herein supersede any communication expressed are implied, written or verbal, between the parties thereto, and shall constitute the sole and entire agreement. No modifications shall be made by either party, unless it is in writing and duly accepted by IAC Acoustics and the buyer, IAC Acoustics failure to object to provisions contained in the buyer’s purchase order or other communications shall not be deemed a waiver of the terms.
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