Terms and Conditions
PRICES: All prices quoted include cash discount and are exclusive of taxes and freight charges. Purchasers shall furnish to Republic Power Systems an appropriate Tax-Exemption certificate, if applicable.
TERMS OF PAYMENT: All goods are payable COD immediately upon receipt, unless otherwise arranged. Finance charges of 1.5% per month (not to exceed maximum allowed by law) shall be applied on balances over 15 days past due and then monthly thereafter. Handling charges will be assessed for returned checks. In the event of Purchaser’s default on payment for products purchased hereunder, Purchaser shall be responsible for all reasonable costs and expenses incurred by Republic Power Systems in collection of any sums owed by Purchaser. Such reasonable costs and expenses of Republic Power Systems shall include, but are not be limited to, reasonable attorney’s fees, plus any other costs of such action. Republic Power Systems shall not be obligated to make any further deliveries to Purchaser.
DELIVERY: Shipment of all products shall be FOB Republic Power Systems. In the event of carrier’s damage, loss, or misdelivery of product, it shall be the responsibility of the Purchaser to deal with the carrier. In the absence of specific shipping instructions, Republic Power Systems will select the method and carrier it deems best. Delivery schedules are approximate only. Republic Power Systems will make every reasonable effort to deliver on time; however, Republic Power Systems shall not be liable for late or lost shipments.
TITLE: Title and risk of loss or damage to product shall pass to Purchaser upon delivery to carrier or Purchaser or Purchaser’s Agent at FOB point. The above notwithstanding, Purchaser agrees that Republic Power Systems shall retain a purchase money security interest in all products sold to Purchaser, and to all products now or hereafter acquired by Purchaser (“the collateral”) and to any proceeds from the disposition of said products until the purchase price and other charges due Republic Power Systems have been paid in full. Upon any default by Purchaser hereunder, Republic Power Systems shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.
PURCHASE ORDERS: Republic Power Systems will acknowledge the receipt of an order in writing if the request is included in the Purchase Order at time the order was placed. Prices quoted are applicable only to those quantities shown. Order for other than quoted quantities “or conditions of purchase” may be subject to price changes and should be confirmed with Republic Power Systems prior to placing an order. Quotes are valid for 30 days.
CHANGES AND CANCELLATIONS: Orders accepted by Republic Power Systems are not subject to change or cancellation by Purchaser except with Republic Power Systems’ written consent and upon payment of an appropriate charge to cover the cost or loss incurred by Republic Power Systems which, unless otherwise agreed in writing, shall be not less that fifteen percent (15%) of the price of the goods subject to change or cancellation.
LIMITATION OF LIABILITY: In no event shall Republic Power Systems be liable for any loss of use, revenue or anticipatory profit, or for any direct, indirect or consequential damage arising out of or connected with the sale, use or operation of goods sold.
RETURN OF ITEMS: In order to return an item, you must provide: 1) Republic Power Systems’ invoice number and date, 2) Product model and serial number. Any product returned to Republic Power Systems must be complete and in original condition (including all original documentation, manuals, parts, diskettes, packaging, cables, etc.)
CREDITS/EXCHANGES: Returns for refund must be made within 30 days of purchase. WARRANTY PERIOD: When purchased from Republic Power Systems, new systems are warranted free from defect in material and workmanship for one year from the Republic Power Systems invoice date. All new parts bought separately carry the manufacturer’s standard warranty.
LIMITED WARRANTY: This limited warranty is extended only to customers, hereinafter called purchasers, who purchase products from Republic Power Systems, subject to the following conditions, should this product prove defective by reason of improper workmanship or material under normal use and service conditions within three years on new systems parts & labor from the date of original purchase by purchaser, Republic Power Systems will repair or, at it’s option, replace the product. This warranty does not cover damage to any component caused by improperly connected equipment, or purchasers’ misuse of the UPS system. If a component fails during the warranty period and the component is no longer available from Republic Power Systems purchaser has the option to upgrade and pay the cost difference between the failed component and the upgrade component. All items not manufactured by Republic Power Systems are subject to the original manufacturer warranty unless expressly stated and noted by Republic Power Systems.
SERVICE: Service for associated Republic Power Systems‘ warranty items will be performed in our office. It is purchaser’s sole responsibility to return the serviceable item to Republic Power Systems’ office. The limited warranty does not apply if: (a) the product is damaged by accident, improper installation, misuse, lightning, fire, water, or other acts of nature. (B) the product is altered or repaired by anyone other than Republic Power Systems authorized warranty station, or (c) the serial number is removed or tampered with. This warranty does not cover broken or marred cabinets, cases or covers. Should this product prove defective in workmanship or material, the Purchaser’s sole remedy shall be such repair or replacement as provided above. Under no circumstances shall Republic Power Systems be liable for any loss or damage, direct, consequential, or accidental, arising from the use or inability to use this product. Republic Power Systems makes no warranty other than the one set forth herein. Such warranty is in lieu of all other warranties, express or implied, including but not limited to any expressed or implied warranty of merchantability or fitness for a particular purpose and such constitutes the only warranty made with respect to the goods. Acceptance of this product constitutes acceptance of the stated policy terms and conditions
GENERAL: These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by Republic Power Systems to Buyer and supersedes all prior offers, negotiations, understanding and agreements. Unless Buyer and Republic Power Systems have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written, or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein.