Terms & Conditions

TERMS & CONDITIONS

  1. COMPANY: The Company as used herein shall mean Air Purifiers Inc. 
  1. PRICE POLICY: Prices of the product(s) may be increased depending on the date of release and/or shipment of the order, announced increases in the Company’s list prices, or increases in labor and material Cost. 
  1. TERMS OF PAYMENT: Terms of payment are subject at all times to prior approval of the Company’s credit department. Terms of payment are net 30 days from date of invoice unless previously otherwise agreed in writing. If at any time the financial condition of the Purchaser or other circumstance affecting the credit decision, in the Company’s opinion, does not justify continuance of production of products or shipment of products on the terms of payment specified, the Company may require full or partial payment in advance, or may at its sole discretion stop or delay production or shipment of products. In the event of default in payment, Purchaser agrees to pay all costs of collection incurred by Company including but not limited to collection agency fees, attorney fees and court costs. All past due amounts shall bear interest at the highest rate allowed by law.

4 SHIPPING TERMS: All shipments will be made F.O.B. factory with freight as quoted. All shipments will be made via a low cost common carrier and charges for special carrier services requested by the Purchaser shall be paid by the Purchaser. The Company may ship the product(s) in one or more lots. Shipment dates are only estimates. No contract has been made to ship in a specified time unless in writing, and signed by two officers of the Company. Timely performance by the Company is contingent upon Purchaser’s supplying to Company, when needed, any required technical information, including drawing approval and any required commercial documentation. 

  1. CLAIMS: The responsibility of the Company for all shipments ceases upon delivery of products in good order to the carrier.  Since all products are shipped at Purchaser’s risk, any claims for damage or shortage in transit must be filed by Purchaser against the carrier. Purchaser is not responsible for any damage to goods incurred prior to receipt. Purchaser will have (10) Ten business days to inspect goods for damage and quality, and reserves the right to return goods found to be unacceptable. Claims for factory shortages will not be considered unless made in writing to the Company within ten (10) days after receipt of the products and accompanied by reference to the Company’s bill of lading and factory order numbers.
  1. PATENTS: Company shall assume the defense of any suit for infringement of patents brought against Purchaser or its vendors to the extent based upon a finding that the design or construction of the product(s) as furnished infringes a United States patent, provided that Purchaser promptly notifies Company of any charge of such infringement, and Company is given the right at its expense to settle such charge and to defend or control the defense of any suit based upon such charge. Purchaser shall indemnify Company to the sane extent and in the same manner as set forth above, in the event that the products are supplied according to Purchaser’s designs or in the event that the infringement occurs as a result of incorporating a design or modification at Purchaser’s request into the product(s), or which results from modification or alteration of the product(s) by Purchaser.

THE PARAGRAPH SETS FORTH COMPANY’S EXCLUSIVE LIABILITY WITH RESPECT TO PATENTS.

  1. NUCLEAR unless otherwise specifically agreed to and clearly defined in the contract documents between Company and Purchaser. Purchaser represents and warrants that the product(s) covered hereby shall not be used in, or in connection with, a nuclear facility or application. Company shall in no event or circumstance whatsoever be responsible for, or incur liability in connection with, any losses, damages, claims, penalties, fines or expenses resulting from the hazardous properties of nuclear material, a nuclear incident or a nuclear energy hazard.

In the event that the product(s) sold hereunder will be used directly or indirectly at a nuclear facility or in connection with a nuclear application, Purchaser shall be solely responsible for and shall indemnify and hold Company, together with its employees, agents, representatives and suppliers of any tier, harmless from any and all loss, liability, damages, claims, penalties, fines and expenses of every kind and nature (including reasonable attorneys’ fees) for personal injuries (including death) or damage to property including but not limited to, damage to, or loss of use of the product(s), the unit, the equipment, the nuclear facility, or any part thereof, or any property (at or surrounding the site), whether or not such incident or hazard is based upon or due to anyone’s fault or negligence, including the fault or negligence of the Company or any other indemnity.  In addition, Purchaser shall obtain and maintain an agreement of indemnification as contemplated by Section 170 of the United States Atomic Energy Act, and/or, if applicable, the Canadian Nuclear Liability Act or any similar act or law (hereinafter collectively, the “Acts”):

Purchaser shall also obtain all-risk nuclear liability insurance to the extent available in such form and amount as will meet the financial protection requirements imposed by the Acts. Purchaser shall continue to carry and maintain such insurance and indemnities against the foregoing risks with such coverage and limits as required by the Acts until decommissioning of the facility or cessation of the regulated activity.

  1. DELAYS: If Company suffers delay in performance due to any cause beyond its control, including but not limited to acts of God, war, act or failure to act of government, act or omission of Purchaser, fire, flood, strike or labor trouble, sabotage, or delay in obtaining from others suitable services, materials, components, equipment or transportation. Company shall not be liable for any costs or expenses associated with such delay and the time of performance shall be extended a period of time equal to the period of the delay and its consequences, Company will give to Purchaser notice in writing within a reasonable time after Company becomes aware of any such delay.
  1. TAXES: Any applicable duties or sales, use, excise, value added or similar taxes will be added to the price and paid by Purchaser, unless an acceptable exemption certificate is furnished
  1. CANCELLATIONS: Accepted orders are not subject to cancellation without the Company being reimbursed by Purchaser for any and all expenses, costs, lost profit, overhead and similar costs and expenses of every kind associated therewith. In the event an accepted order is canceled, Company shall be indemnified by Purchaser against any and all such loss, costs and expenses. In the event that the product(s) is a standard stock item the Purchaser shall only be obligated to pay such standard cancellation and restocking charges as are in effect for the Company and which may be modified from time to time.

  • PRODUCT CHANGES: In the interest of continuous product improvements, the Company reserves the right to change specifications and/or design without incurring obligation. Any changes to product delivered under this Agreement will meet or exceed the specifications detailed in Company’s quote to Purchaser for Product.
  1. RETURNED GOODS: Products may not be returned except by prior authorization from the Company’s Customer Service Department, located in Rockaway, NJ Unauthorized returns will be automatically refused. Products so returned must be shipped prepaid  to the location designated by the authorization and are subject to certain handling and restocking fees, and are at all times governed by the Company’s rules and policies regarding returned goods. Returned goods are subject to a 75% restocking charge
  1. LIMITED WARRANTY: The Company warrants that it will provide free replacement parts in the event any product manufactured by the Company and used in the United States or Canada proves defective in material or workmanship for a period of twelve (12) months from initial start-up or eighteen (18) months from date of shipment, whichever expires sooner. Product(s) not manufactured by the Company but also sold under this agreement are warranted only to the extent that the manufacturer warranted them to the Company or directly to the Purchaser. 

The Company’s liability to the Purchaser shall not exceed the lesser of the cost of correcting defects in the product(s) sold or the original purchase price of the product(s) and the Company shall in no event be liable to Purchaser or third parties for any delays. The Company’s warranty does not apply to any product(s) or goods which: (1) have been opened, disassembled, repaired. or altered by anyone other than the Company or its authorized service representative; or, (1) which have been subjected to misuse, misapplication, negligence, accidents, damage, abuse, improper storage, or abnormal use or service subsequent to delivery and acceptance by Purchaser; or, (2) have been operated or installed in a manner contrary to Company’s printed instructions, which have been provided to and accepted by Purchaser; or, (3) have been installed in an incorrect or improper application inconsistent with Company’s understanding of Purchaser’s intended application for Product; or, (5) have become corroded or subjected to abrasion. The Company is not obligated to pay any costs or expenses in connection with the removal and reinstallation of such product(s) or goods. Including but not limited to labor, service costs, and shipping charges. The same obligations and conditions shall extend to replacement parts furnished by the Company hereunder. This parts warranty and any optional extended warranties are granted only to the original user. Company’s duty to perform under this or any warranty may be delayed. at Company’s sole option, until Company has been paid in full for all products or goods purchased by Purchaser. No such delay shall extend the warranty period.

To obtain assistance under this limited warranty please contact Air Purifiers Inc., Warranty Claims Department, One Pine St. Rockaway, NJ 07866 1-800-219-8772

THIS WARRANTY CONSTITUTES THE PURCHASER’S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.  THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL AIR PURIFIERS INC. BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, OR STRICT TORT.

No person (including any agent. salesman, dealer or distributor) has the authority to expand the Company’s obligation beyond the terms of this express warranty, or to state that the performance of the product(s) is other than published by the Company.

  1. TERMS OF SALE: Sale of product(s) covered hereby to Purchaser is made solely on the terms and conditions set forth herein, notwithstanding any additional or conflicting terms and conditions that may be contained in any purchase order or other form of purchase, all of which additional or conflicting terms and conditions are hereby rejected by the Company unless agreed upon in writing and signed by an officer of the Company. No waiver, alteration or modification of the foregoing terms and conditions shall be valid unless made in writing and signed by an authorized official of the Company. In particular and without limiting the foregoing, notwithstanding anything to the contrary in Purchaser’s purchase order or any other documents, the Company does not accept any order subject to project design and specifications. Purchaser agrees to accept full and sole responsibility to determine whether the product(s) ordered by Purchaser meets the design and specification requirements of any project.
  1. COMPLIANCE WITH LAWS: Compliance with OSHA. Environmental or similar federal, state or local laws during any operation or use of the product(s) is the sole responsibility of Purchaser; and, Purchaser shall pay any and all costs, penalties, damages and expenses related to or arising in connection with its failure to comply with such laws.
  1. APPLICABLE LAW: The laws of the State of New Jersey shall govern the validity, interpretation and enforcement of any contract of which these provisions are a part.