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CLIMATE MAKERS, INC.
2069 N 175 E
PERU IN 46970
765-473-3170
Fax: 765-472-4557

Terms & Conditions

TERMS AND CONDITIONS OF SALE

These Terms and Conditions (the “Contract”) constitute an offer by the U.S. Cooler authorized discount dealer identified on the internet invoice (the “Authorized Dealer”) to provide the U.S. Cooler, Inc., an Illinois corporation (“U.S. Cooler”) product(s) described in the applicable invoice (the “Product(s)”) to you the qualified purchaser to which the invoice is addressed (the “Purchaser”). Purchaser’s acceptance of this offer is limited to the terms, covenants and conditions contained in this offer. U.S. Cooler and Authorized Dealer hereby object to and reject any additional, different or varying terms proposed by Purchaser, unless U.S. Cooler expressly assents to such terms in writing, signed by an authorized officer of U.S. Cooler. Any such proposal of additional, different or varying terms by Purchaser shall not operate as an objection of U.S. Cooler’s offer, and U.S. Cooler’s offer shall be deemed accepted without such additional, different or varying terms.

PAYMENT TERMS – All prices are subject to change without notice at any time and exclude applicable shipping and handling fees, freight and sales or other tax. Prices will be at the price identified at time of internet invoice. Purchaser shall keep internet invoice for Purchaser’s records. Unless otherwise agreed to in writing by Authorized Dealer, and acknowledged by U.S. Cooler, payment must be received by Authorized Dealer prior to Authorized Dealer’s acceptance of an order. All orders shall be paid for by Purchaser with an approved credit card at the time of order. Authorized Dealer currently accepts Visa, MasterCard, and Discover credit cards. Purchaser accepts all risks associated with using a credit card to purchase the Product, including the risk that Purchaser’s credit card number or other information could be intercepted in transit. If Purchaser desires not to submit Purchaser’s credit card number over the internet, Purchaser may contact Authorized Dealer by phone at the number provided on Authorized Dealer’s web site to complete the purchase. The credit card will be charged at the time the order is placed.

TAXES – Sales tax shall be collected and remitted to the proper authorities where Authorized Dealer and/or U.S. Cooler are legally required to collect and pay such tax. All purchases delivered in the state of Illinois will be subject to Illinois state sales tax unless the Authorized Dealer from which the purchase is made has provided U.S. Cooler an exemption certificate acceptable to the taxing authorities in the Illinois Department of Revenue. Generally, sales tax will be collected where the Authorized Dealer and the Purchaser reside in the same state. Sales tax is calculated and added to the total sales price where appropriate. All taxes which U.S. Cooler or Authorized Dealer may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the Products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Purchaser or the Authorized Dealer, who shall promptly pay the amount thereof to U.S. Cooler upon demand. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this Contract.

SHIPPING & TITLE – All stated shipping dates or periods are approximate. U.S. Cooler will use reasonable efforts to meet any stated shipping dates or periods, but does not guarantee it will meet such approximate shipping dates or periods. All goods are subject to availability and Products not available at the time of purchase may cause delays in shipment. Unless otherwise agreed to in accordance with this Contract, U.S. Cooler shall, on behalf of Authorized Dealer, deliver the Product f.o.b. U.S. Cooler’s factory in Quincy, Illinois. All risk of loss, damage or delay, as well as the title to the Product(s), shall pass from U.S. Cooler to Purchaser upon departure from U.S. Cooler’s factory. As such, all charges for unloading, loading and transportation to job site shall be at Purchaser's sole expense. Shipping charges are in addition to the listed price for the Product(s) and are added to the total sales price as reflected in the final invoice. Purchaser may, at its sole option, insure the Product(s) during shipment. All claims for incorrect Product or replacement must be made and settled prior to installation of the Product.

FORCE MAJEURE – Authorized Dealer shall have no liability to Purchaser if Authorized Dealer is unable to perform its obligations because of strikes; labor disputes; lockouts; accidents; fires; delays in manufacture or in transportation or delivery of materials; floods, severe weather, or other acts of God; embargoes; governmental actions; or any other cause beyond the reasonable control of Authorized Dealer. If there is a scarcity in any of the Product(s), Authorized Dealer will allocate its available supply in its sole discretion.

PANEL & HARDWARE WARRANTY – PURCHASER’S SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO THE PRODUCT’S PANELS MANUFACTURED BY U.S. COOLER, IF ANY, IS THAT U.S COOLER WARRANTS TO THE ORIGINAL PURCHASER FOR A PERIOD OF TEN YEARS FROM THE DATE OF PURCHASE THAT THE PRODUCT(S)’S PANELS MANUFACTURED BY U.S. COOLER, IF ANY, ARE FREE FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP UNDER CONDITIONS OF NORMAL USE AND SERVICE. THE OBLIGATION OF U.S. COOLER UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIRING AT U.S. COOLER’S FACTORY OR REPLACING, AT U.S. COOLER’S OPTION, PANELS OF SAID PRODUCT WHICH U.S COOLER, IN ITS SOLE AND ABSOLUTE DISCRETION, DETERMINES TO BE DEFECTIVE WITHIN TEN YEARS FROM THE DATE OF PURCHASE. PURCHASER SHALL BE RESPONSIBLE FOR ANY AND ALL SHIPPING COSTS INVOLVED INCLUDING BOTH COSTS FOR SHIPPING TO U.S. COOLER AND COSTS FOR SHIPPING TO PURCHASER. ANY AND ALL PRODUCT HARDWARE CARRIES A ONE-YEAR LIMITED WARRANTY FROM DEFECT IN MATERIAL OR WORKMANSHIP UNDER CONDITIONS OF NORMAL USE. U.S. COOLER WILL REPAIR AT ITS FACTORY OR REPLACE HARDWARE WHICH U.S. COOLER, IN ITS SOLE AND ABSOLUTE DISCRETION, DETERMINES TO BE DEFECTIVE WITHIN ONE YEAR FROM THE DATE OF PURCHASE. PURCHASER SHALL BE RESPONSIBLE FOR ANY AND ALL SHIPPING COSTS INVOLVED INCLUDING BOTH COSTS FOR SHIPPING THE HARDWARE TO U.S. COOLER AND COSTS FOR SHIPPING TO PURCHASER.

REFRIGERATION WARRANTY – PURCHASER’S SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO THE REFRIGERATION EQUIPMENT, IF ANY, IS THAT U.S. COOLER WARRANTS TO THE ORIGINAL PURCHASER FOR A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE THAT THE REFRIGERATION EQUIPMENT, IF ANY, IS FREE FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP UNDER CONDITIONS OF NORMAL USE. THE OBLIGATION OF U.S COOLER UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING AT U.S. COOLER’S OPTION ANY PART OF SAID REFRIGERATION EQUIPMENT WHICH U.S. COOLER, IN ITS SOLE AND ABSOLUTE DISCRETION, DETERMINES TO BE DEFECTIVE WITHIN ONE YEAR FROM THE DATE OF PURCHASE. ANY AND ALL REFRIGERATION WARRANTY LABOR MUST BE APPROVED BEFORE PROCESSING TO BE ELIGIBLE FOR REIMBURSEMENT FROM U.S. COOLER.

LIMITATION OF LIABILITY - . U.S. COOLER AND AUTHORIZED DEALER DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED WARRANTIES DO NOT APPLY TO, AND U.S. COOLER IS NOT LIABLE FOR DAMAGES TO, PRODUCTS WHICH HAVE BEEN SUBJECT TO ANY ACCIDENT, ALTERATION, ABUSE, MISUSE, OR IMPROPER INSTALLATION. U.S. COOLER’S LIABILITY FOR WARRANTY CLAIMS SHALL BE LIMITED TO THE REPAIR OR FURNISHING OF REPLACEMENT PRODUCTS FOR MATERIALS FOUND TO BE DEFECTIVE. U.S. COOLER AND AUTHORIZED DEALER SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR FOR OTHER PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. U.S. COOLER AND AUTHORIZED DEALER SHALL NOT BE LIABLE FOR DAMAGES, ACTUAL, LIQUIDATED, CONSEQUENTIAL OR OTHERWISE CAUSED BY DELAYS IN DELIVERY OR FAILURE TO MEET THE APPROXIMATE SHIPPING DATE OR PERIOD STATED ON THE WEB PAGE AND/OR THE INVOICE. THE MAXIMUM LIABILITY OF U.S. COOLER FOR REPAIRS OR DAMAGES, IF ANY, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE INVOICE PRICE OF THE PRODUCT. NEITHER U.S. COOLER NOR AUTHORIZED DEALER IS RESPONSIBLE FOR LABOR CHARGES ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF DEFECTIVE PRODUCTS. EXCEPT FOR PRE-APPROVED REPAIRS PURSUANT TO THE REFRIGERATION WARRANTY ABOVE, NEITHER U.S COOLER NOR AUTHORIZED DEALER SHALL BE LIABLE FOR EXPENSES OR REPAIRS MADE OUTSIDE U.S. COOLER’S FACTORY WITHOUT PRIOR WRITTEN CONSENT OF U.S. COOLER. AUTHORIZED DEALER DOES NOT SEPARATELY WARRANT ANY PRODUCT(S) IN ANY WAY.

Compliance with Laws – U.S. Cooler and/or Authorized Dealer do not assume responsibility or costs for field changes to its products to meet local, state or federal codes, regulations, standards or ordinances. Purchaser shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the Product(s). Neither U.S. Cooler nor Authorized Dealer make any promise or representation that the Product(s) will conform to any federal, state or local laws or ordinances, regulations, codes or standards, except as particularly specified and agreed to in writing by an authorized representative of U.S. Cooler.

Indemnification – Neither U.S. Cooler nor Authorized Dealer shall be responsible for any losses or damages sustained by Purchaser or any other person as a result of improper installation or misapplication of the Product(s). Purchaser shall defend, indemnify and hold harmless U.S. Cooler, Authorized Dealer and U.S. Cooler’s and Authorized Dealer’s agents, officers and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of persons or damage or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the Product(s) by Purchaser. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this Contract.

RETURN OF PRODUCT OR MATERIALS - NO GOODS SHALL BE RETURNED WITHOUT AUTHORIZED DEALER’S PRIOR WRITTEN CONSENT. AUTHORIZED DEALER WILL NOT BE REIMBURSED FOR ANY REFUNDED MONEYS UNLESS U.S. COOLER ACKNOWLEDGES IN WRITING AUTHORIZED DEALER’S WRITTEN CONSENT TO THE RETURN OF THE PRODUCT. PRODUCTS MAY BE RETURNED ONLY ON THE TERMS AND CONDITIONS SPECIFIED IN SUCH WRITTEN CONSENT. RETURNED PRODUCTS MUST BE OF CURRENT MANUFACTURE, UNUSED, IN RESALABLE CONDITION AND SECURELY PACKED TO REACH AUTHORIZED DEALER (OR U.S. COOLER AS STATED IN THE WRITTEN CONSENT) WITHOUT DAMAGE. ANY COST INCURRED BY AUTHORIZED DEALER OR U.S COOLER TO PUT PRODUCT IN ORIGINAL CONDITION WILL BE CHARGED TO PURCHASER. RETURNS MAY BE SUBJECT TO A RESTOCKING CHARGE AND PURCHASER WILL BE RESPONSIBLE FOR ANY AND ALL FREIGHT, PACKAGING AND INSURANCE COSTS IN THE RETURN OF THE PRODUCT.

Cancellation. Any cancellation of a Product order, once confirmed and paid for by Purchaser, but prior to shipment, must be approved by an officer of Authorized Dealer and may be subject to restocking and other charges. Once the Product(s) is shipped, Purchaser can no longer cancel the order.

Choice of Law and Venue – This Contract, and all matters relating to Purchaser’s use of Authorized Dealer’s and/or U.S. Cooler’s web site shall be governed and construed in accordance with the laws of the State of Illinois without regard to its choice of law principals. Purchaser agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Adams County, Illinois in the Eight Judicial Circuit of the State of Illinois with respect to all matters arising from this Contract or Purchaser’s use of said web sites.

Severability – If any provision of this Contract shall be deemed illegal or unenforceable, such illegal or unenforceable term or provision shall not affect the validity and enforceability of any other provisions hereof, which together shall be construed as if such illegal or unenforceable term or provision had not been included herein.

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