Terms of Service & Warranty Information

By accepting this proposal by signing it directly or by issuing a Purchase Order for the equipment presented in this proposal, Customer is agreeing to the following Terms and Conditions in this proposal:

  • GENERAL: Any quotation, contract or acceptance of order issued by Cold Jet, LLC, Inc. (the "Company") in relation to the sale or supply of goods of any description shall, unless otherwise specifically agreed in writing by an authorized officer or agent of the Company, be subject to the following terms and conditions.  No variation of these terms and conditions shall be effective or binding upon the Company unless it is in writing and signed by an authorized officer or agent of the Company.
  • CONDITIONS: These terms and conditions subject to and together with any specific terms set out on the attached quotation or acceptance of order or in any other document issued by the Company and specified in the attached quotation or acceptance of order, shall constitute the entire contract between the Company, and the Purchaser.  Acceptance of any quotation shall be limited to the terms of the quotation including these terms and conditions.  Where these terms and conditions are submitted in response to or in acceptance of an order, acceptance is conditional on Purchaser's assent to these terms and conditions.  These terms and conditions shall override and supersede any previous agreement or arrangement between the Company and the Purchaser in relation to the subject matter of the quotation, contract, or order, and in particular shall override and exclude any terms or conditions at any time imposed by the Purchaser.
  • WARRANTY: The Company’s standard Warranty Policy shall be the sole and exclusive warranty of the products, as provided therein. At the discretion of the Company, Purchaser’s failure to complete Installation, Commissioning, and Operator Training shall result in forfeit of warranty rights.
  • DISCLAIMER OF WARRANTY, OTHER PRODUCTS: Any separately listed item of the product(s) which is not a Cold Jet, LLC branded product is not warranted by the Company, and shall be covered only by the express warranty, if any, of the manufacturer thereof.  As between Purchaser and the Company, such products are sold AS IS, and NO IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS IS GIVEN AND NO OTHER WARRANTY IS GIVEN EXTENDING BEYOND THE DESCRIPTION ON THE FACE OF THE COMPANY'S QUOTATION OR ACCEPTANCE FORM. The Company will in respect of such goods use reasonable efforts to pass on to the Purchaser the benefit of any guarantee provided by the manufacturer or supplier of such goods but not so as to impose on the Company any liability in respect thereof.
  • SPECIFICATIONS, DESCRIPTIONS AND PERFORMANCE: All specifications, drawings and particulars of weight and dimensions submitted with the Company's quotations are approximate where tolerances are not shown. Any data, printed matter, designs, drawings, specifications, advertisements, or catalogues supplied to the Purchaser before or after the date of order are subject to alteration without notice and represent only a general guide to the goods and services described therein.  All such documents or data are not representations or warranties of fact nor shall they form the basis of any contract.
  • PRICE VARIATIONS: The Company shall have the right to increase contract prices to reflect any increase in costs arising after the date of any quotation as a result of: any alteration in or addition to the Purchaser's requirements; the Purchaser's instructions or lack of instructions; any interruptions, delays, overtime work, mistakes, alterations arising from the work of other contractors found to be outside agreed tolerances, delays caused by other contractors, and any other cause for which the Company is not directly responsible; any increase in any tax, duty or levy imposed on goods and services which affect contract prices in any manner.  All quotations are subject to availability of goods and materials.
  • SHIPMENT AND DELIVERY: Terms of delivery are F.O.B. point of shipment.  Risk of loss and title shall pass to Purchaser upon delivery of product to the carrier.  Unless specifically otherwise set forth, prices do not include the cost of freight, or cost or charges for insurance or any production, sales, use, transfer, transportation, excise or other tax, tariffs, or custom duties, and Purchaser shall pay directly or be charged by Company for all such costs and/or charges in addition to the price(s) of the product supplied hereunder and Purchaser shall be obligated to pay such charges and costs on the same terms as apply to payment of the price(s) hereunder. The Company may make partial shipments.
  • DELAYS: Times quoted for shipment or delivery are to be reckoned from the date of the Company's official acceptance of the Purchaser's order, or (if late) from the date of receipt of all information necessary to enable the Company to proceed forthwith.  Any date given by the Company for delivery of goods or completion of services is given as an estimate only and shall not constitute a term of any contract between the Company and the Purchaser and any delay in delivery or completion shall not constitute a breach of contract.  While the company will use reasonable efforts to meet such estimates, it reserves the right to amend given dates without prior notification.  The Company shall under no circumstances be liable for any direct or indirect or special, incidental or consequential losses, costs or penalties incurred or suffered by the Purchaser as a result of the Company's inability or failure for any reason to meet specified delivery or installation dates.  Unless otherwise specifically expressed, partial shipments shall be deemed acceptable. 
  • STORAGE: Any item of the product(s) on which manufacture or shipment is delayed by causes within Purchaser's control, or by causes which affect Purchaser's ability to receive the product(s), may be placed in storage by the Company for Purchaser's account and risk, either at the Company's own facility or elsewhere on the Purchaser's behalf and all resulting charges for storage, insurance, transport or demurrage (including the Company's charge for storage) and incidental expenses shall be payable by the Purchaser.  The goods may be invoiced on the day they are put into storage, and for the purposes of payment by the Purchaser and the Company's liability hereunder, the goods shall be deemed to have been delivered and the risk of loss shall pass to the Purchaser on that day.
  • GOODS IN TRANSIT: The Company shall not be liable for any loss or damage to goods in transit or for any shortage on delivery.  The Company will use all reasonable efforts to pass to the benefit of any claim the Company may have against any carrier provided the Purchaser (a) gives to the Company and to the carrier written notice of damage or shortage within three days of the date of arrival of the goods (b) complies with all conditions imposed by the carrier and (c) takes such other steps (including where applicable giving shorter notice to the carrier) as are necessary to preserve a claim against the carrier.
  • TERMS OF PAYMENT: If Company, in its sole discretion, determines Purchaser is credit worthy, terms of payment are net cash 30 days. Otherwise, payment terms are as agreed to by Company and Purchaser.  A service charge of 1.5% per month will be added to all Past Due accounts.
  • TITLE AND RISK OF LOSS: Title to the product(s) and risk of loss or damage shall pass to Purchaser at the F.O.B. point.
  • DEFAULT BY CUSTOMER: If Purchaser fails to pay when due any amount on any invoice issued in connection with this order, fails to pay when due any amount owing to the Company under any other contract or instrument, is in breach of any of Purchaser’s obligations to the Company under this or any other contract, or if the financial or business condition or responsibility of the Purchaser shall become impaired or unsatisfactory to the Company, the Company reserves the right, at the Company’s option, to cancel the order without liability to Purchaser, suspend work on the order and/or future orders and/or withhold delivery of all or part of the product subject hereto, in all cases without prejudice to any other legal or equitable remedy, until past due payments are made and satisfactory assurance of payment is received.  Purchaser agrees to pay the Company the cost of collection of overdue invoices, including, without limitation, attorneys’ fees.  The Company retains a security interest in all goods delivered under this order to secure payment of amounts due in respect thereof, and Purchaser hereby grants to Buyer a limited and irrevocable power of attorney to execute and record any notice financing statements with respect to such goods or products that the Company deems are reasonably necessary.  The Company shall, in addition to the rights and remedies herein set forth, be entitled to all rights and remedies provided for in the Uniform Commercial Code and other applicable law as from time to time amended, and at equity.
  • LIMITATIONS OF LIABILITY: Purchaser agrees that (1) any technical advice, information, suggestions, or recommendations given to Purchaser by the Company or any representative of the Company with respect to the product or the suitability or desirability of the product for any particular use or application are based solely on the general knowledge of the Company, are intended for information guidance only, and do not constitute any representation or warranty by the Company that the product shall in fact be suitable or desirable for any particular use or application; (2) Purchaser takes sole responsibility for the use and applications to which the product is put and Purchaser shall conduct all testing and analysis necessary to validate the use and application to which Purchaser puts the product for which use or application of the product was recommended by others; and (3) the characteristics, specifications, and/or properties of the product may be affected by the processing, treatment, handling, and/or manufacturing of the product by Purchaser or others and the Company takes no responsibility for the nature or consequence of such operations or as to the suitability of the product for the purposes intended to be used by Purchaser or others after being subjected to such operations.  The Company shall in no event be liable in respect of this order and/or product delivered on account of this order for any amount greater than that paid to the Company on account of this order.
  • SEPARATE ITEMS: The Company may if it so elects treat each item separately priced on a quotation as the subject of a separate contract and in such case these terms and conditions shall apply independently to each item.
  • WAIVER: Any express or implied waiver by the Company of any term or condition of this contract or of any breach or default by the Purchaser may be terminated by the Company at this time.  No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any of these terms and conditions.
  • COMPLIANCE WITH OFFICIAL REQUIREMENTS: The Company will comply with all laws applicable to the Company.  Compliance with OSHA or similar federal, state, or local laws during operation or use of the product(s) is the sole responsibility of the Purchaser.  
  • MANNER OF USE: All uses and applications made of the product are solely at Purchaser’s risk and Purchaser assumes all risk and liability resulting from use of the product delivered hereunder, whether used singly or in a combination with other products.
  • NONCANCELLATION: Purchaser may not cancel or terminate for convenience, or direct suspension of manufacture without the prior written consent of the Company.  If the Company consents to the requested cancellation, termination, or suspension, Purchaser shall pay the greater of (i) all costs of materials, labor and associated overhead and shipping incurred to the date of such written approval; or (ii) a cancellation fee equal to 35% of the full price of the sale being terminated.  If the sale covers product that must be manufactured especially for Purchaser and such change or cancellation is made, Purchaser shall take all completed goods at full price and all goods in process at cost plus pro-rata profit and Purchaser shall reimburse the Company for any loss on materials purchased or on contract for completion of the order.  This includes, but is not limited to, all blanket orders, even those without firm release dates scheduled. Notwithstanding anything contained in this paragraph, if Purchaser's request to cancel, terminate, or suspend manufacture occurs within two weeks of a ship date that has been agreed upon by both Company and Purchaser, Purchaser shall pay for the sale in full.
  • APPLICABLE LAW: This contract and these conditions shall be construed according to and governed by the laws of Ohio.
  • GENERAL:  Purchaser agrees to indemnify and hold the Company harmless from and against all reasonable fees, costs and other expenses incurred by the Company in enforcing any of the foregoing terms or provisions.  All paragraphs and other headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of these conditions.  Assignment may only be made with the consent of both parties.

Warranty Policy

Cold Jet, LLC® (“CJ”) warrants its products (“Equipment”) provided under this Agreement to be free from defects in materials and workmanship for a period of 12 months (90 days for used equipment), under normal use, maintenance and service as stipulated in the Operator’s Manual, Commissioning, and Operator Training. At the discretion of CJ, failure to complete Installation, Commissioning, and Operator Training shall result in forfeit of warranty rights. CJ warrants that the equipment will be in good working order on the Date of Shipment and will conform to CJ’s official published specifications.

The warranty period is 12 months (90 days for used equipment) for CJ manufactured Equipment. Original Equipment Manufacturers’ warranties provided by CJ on equipment purchased under this Agreement not manufactured by CJ will be passed through to the Buyer. The warranty period commences on the Date of Shipment of the Equipment.

CJ’s liability is limited to repairing or replacing, at its option, any covered part of its Equipment which CJ has determined to be defective. Said repair or replacement will be made by CJ or its authorized representative (“Authorized Personnel”) free of charge to the Buyer during the warranty period unless approved by CJ representative. Any replaced part will become the property of CJ. If, after repeated efforts, CJ is unable to restore its Equipment to good working order, or to replace the defective parts, all as warranted, CJ may replace the Equipment in its entirety at its discretion. Any claim must be made in writing to CJ within 30 days after the defect is discovered and any claim not made within that period shall be deemed waived or released and denied.

Warranty service provided under this Agreement does not assume uninterrupted operation of the Equipment. The suitability of the equipment for the purpose intended is not included in the warranty.

This warranty shall not apply and CJ shall not be responsible nor liable for:

a) Consequential, collateral or special losses or damages;

b) Equipment conditions caused by abnormal conditions of use, accident, neglect or misuse of Equipment, improper storage or handling, or damages resulting during shipment as determined by CJ;

c) The replacement of normal wear items, including but not limited to hoses, control cables, pads, rotors, bearings, filters, blades, wear bands, o-rings, and hydraulic fluid;

d) Deviation from the Equipment’s prescribed maintenance programs, replacement parts, operating instructions, specifications or other terms of sale;

e) Improper application of the product.

In order to comply with the terms of this Warranty Policy, and for safety reasons, repairs other than those stated above require special equipment and therefore must be made by Authorized Personnel. The liability of CJ under the terms of the UL, CSA, CE, or other applicable regulatory standards governing product performance and safety may become invalid if Buyer or persons other than Authorized Personnel make repairs with spare parts not identical to the parts for the Original Equipment, if repairs are carried out by persons other than Authorized Personnel, or if repairs are unsatisfactory due to lack of special equipment. In such cases, CJ’s liability will be solely confined to manufacturing defects or errors made prior to the Equipment being delivered to Buyer and before such unauthorized repairs or replacements were made.

In no event shall CJ be liable for claims, whether arising from breach of contract or warranty of claims of negligence or negligent manufacture, in excess of the purchase price.

THIS WARRANTY IS THE SOLE WARRANTY OF CJ AND ANY OTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE, WHETHER EXPRESS OR IMPLIED BY LAW, FACT, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ARE HEREBY SPECIFICALLY EXCLUDED.