Titus RAB IOM - Manual (Page 11)

Air Handler
Terms and Conditions
Warranty
1 of 2
The following terms and conditions apply to and govern
the sale of the air handling equipment and parts
manufactured by Titus.
EXCLUSIVE TERMS OF SALE – Titus quotes and sells its
goods on the expressed condition that the buyer assents to
the terms and conditions set forth herein, regardless of any
inconsistent or additional terms that may be embodied in
any purchase order. Titus’ sale of its goods is expressly
conditional on the buyer’s acceptance and receipt of the
goods shall constitute the buyer’s assent to such terms and
conditions.
ACCEPTANCE – All orders are subject to Credit and Sales
Department approval and acceptance. Titus reserves the
right, among other remedies, to terminate or suspend
further delivery against an order in the event the buyer fails
to pay any portion of the order when it becomes due.
Should buyer’s financial condition become unsatisfactory to
Titus, cash payment or satisfactory security may be required
by Titus for further deliveries or for goods already delivered.
CANCELLATION – Buyer shall not cancel the order without
prior written consent of Titus. In the event buyer cancels the
order with the prior written consent of Titus after the buyer’s
offer to purchase is received and acknowledged in writing,
Titus shall be entitled to receive from the buyer Titus’ cost
plus 15% administrative overhead and liquidated damages
in the amount of 10%. Furthermore, for goods released for
production but prevented by buyer from shipping upon
completion or by the acknowledged shipping date,
whichever is later, Titus may, at its option, in addition to all
other remedies, invoice buyer to be payable within 30 days
and store the goods at buyer’s sole expense.
DELIVERIES – Any stated shipping date of the goods is
Titus’ best estimate based upon the volume of orders for the
goods Titus has received or expects to receive at the time it
receives buyer’s order. TITUS MAKES NO GUARANTEE
OF SHIPMENT BY THE ESTIMATED DATE AND SHALL
HAVE NO LIABILITY OR OTHER OBLIGATION,
INCLUDING, BUT NOT LIMITED TO INCIDENTAL OR
CONSEQUENTIAL DAMAGES THE BUYER OR ANY
THIRD PARTY MAY INCURE, FOR ITS FAILURE TO
SHIP BY SUCH DATE, REGARDLESS OF CAUSE.
SHIPMENTS –Titus shall not be bound to deliver any goods
for which buyer has not given shipping instructions. ALL
PRODUCTS ARE SOLD F.O.B. SELLER’S PLANT. TITLE
TO GOODS PASSES TO THE BUYER UPON DELIVERY
BY TITUS TO THE FREIGHT LINE. All goods are shipped
at buyer’s risk. Buyer should examine shipments carefully
for loss or damage and should have same noted by
transportation agent on the freight bill upon accepting
delivery. In the event of concealed damage, buyer has 10
days from receipt of the goods in which to call the freight
line for an inspection.
In either case, the equipment cannot be returned to Titus
until after a freight inspection has been completed. In
absence of shipping instructions, Titus shall use its own
discretion in choice of carrier.
TAXES – Sales, use, consumption, storage or other taxes, if
applicable, shall be paid by the buyer.
RETURN GOODS – New and unused goods returned for
credit will not be accepted unless a Return Goods
Authorization number has been issued by Titus. Goods
must be securely packed to reach Titus without damage and
properly identified with the Return Goods Authorization
number. RGA numbers are valid for only 30 days after
issuance. A minimum 20% fee will be charged on all stock
products cleared for return that can be returned to stock
after inspection. Build-to-order products manufactured and
shipped cannot be returned and a 100% cancellation fee
applies to any order that has been released for production
but has not shipped. All goods must be returned freight
prepaid by the buyer.
ALL PRODUCTS LIMITED WARRANTY – Titus warrants
that its goods will be free from defects in material and
workmanship under normal use and maintenance for a
period of one year from the date of original installation or 18
months from the date of shipment whichever comes first. A
new or rebuilt part to replace any defective part will be
provided without charge, PROVIDED the defective part is
returned to Titus. The replacement part assumes the
unused portion of the warranty.
THIS WARRANTY DOES NOT INCLUDE LABOR or other
costs incurred for identifying, repairing, removing, installing,
shipping, servicing, or handling of either defective parts or
replacement parts.
TITUS WILL NOT BE RESPONSIBLE FOR:
1. Normal maintenance.
2. Damage or repairs required as a consequence of faulty
installation or application by others.
3. Failure to start due to voltage conditions, blown fuses,
open circuit breakers, or other damages due to the
inadequacy or interruption of electrical service.
4. Damage or repairs required as a consequence of any
misapplication, abuse, improper servicing,
unauthorized alteration, or improper operation.
5. Damage as a result of floods, winds, fires, lightning,
accidents, corrosive atmosphere, or other conditions
beyond the control of Titus.
6. Parts not supplied or designated by Titus.
7. Titus products installed outside the United States and
Canada.
FOR SERVICE OR REPAIR FOLLOW THESE STEPS IN
ORDER:
FIRST: Contact the installing contractor.
SECOND: Contact the distributor or nearest authorized
Titus representative.
THIRD: Contact
TITUS
990 Security Row
Richardson, TX 75080
972.699.1030
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.