Terms And Conditions
Applicability:
ALL transactions between QUALITY ELECTRIC SALES AND SERVICE LIMITED (the Company or Seller) and Buyer are subject to the following Terms & Conditions which supersede Buyers Terms & Conditions as presented on Purchase Order or other documents produced by Buyer, unless specifically agreed in writing by an authorized Company representative of the Seller.
Quotations:
Quotations are valid for thirty (30) days from date of issue. Seller has no obligation to honor quotations older than 30 days from date of issue. Prior to receipt of deposit or full payment Seller retains the right to cancel or modify quotations within thirty days.
Order Acceptance:
Buyer confirmation of quotation must be issued in writing using any one of the following documents, Purchase Order, company letter, email, fax, or with issuance of full or partial payment. The company is entitled to assume that individual signing approval document is an authorized representative of Buyer and that Buyer is voluntarily accepting responsibility to abide by these Terms & Conditions.
No changes to quotation, order, invoice or terms of sale will be considered after Buyer issues document accepting quotation or issues full or partial payment. Agreed changes to terms of sale or quotations must be in writing (preferably by issue of new revised quotation) and approved by Senior Management of Company. Exceptions or changes to Company terms and conditions are limited to this one transaction and not applicable to past or future transactions.
Cancellations of orders by Buyer after issuance of written approval are subject to penalty equivalent of cost incurred by Seller up to the date of cancellation.
Taxes & Duty:
Quotations and invoices will include applicable tax. Buyers exempt from paying tax must provide written proof with authenticated official exemption document, a copy of which will be retained by Company. Foreign customers taking delivery outside of Trinidad are not required to pay Value Added Tax.
Terms Of Payment:
Payment is due in full upon receipt of invoice unless Buyers credit application has been approved by Seller. Credit will not be extended until Buyers credit application has been approved in writing by the Company.
The Company retains the right to collect a deposit or down payment in advance for work that requires purchase of materials, the value of which are equivalent to thirty five (35%) percent of the quotation. A fifty percent (50%) deposit is required for items that must be special ordered, manufactured or sourced internationally. Deposits are non-refundable. Late payments will incur an interest of 1.5% per month until paid in full. The company retains the right to cancel previously approved credit without advance notice.
Buyer shall reimburse Seller for all expenses, regardless of their nature or type (including attorneys’ fees), related in any way to Seller’s collection of invoices not paid in accordance with these Terms and Conditions or otherwise incurred by the Seller in the enforcement of these Terms and Conditions.
If Buyer materially breaches any term of this quotation the company reserves the right to suspend work on current orders, and/or to withhold shipment of completed work, and to demand full payment of all amounts in arrears, plus full or partial payment in advance for work in process, as a condition of delivery. Buyer shall defend indemnify and hold Seller harmless from any and all loss, damages, expenses, fees, costs, fines or penalties whatsoever which may result to any person or entity due to any Buyers breach of these terms which caused Seller to withhold equipment or completion of works.
Security Interest:
Buyer hereby grants Seller a security interest in the Buyer’s equipment to secure the unpaid balance of the invoice and all other obligations of Buyer to Seller however arising. Buyer authorizes Seller to file all necessary financing statements and other similar documents required to perfect the security interest granted herein and irrevocably grants the Seller a power of attorney to execute any documents on behalf of Buyer relating thereto.
Limited Warranty:
The Company guarantees its workmanship and parts effective from date of invoice for 90 Days.
Claims for warranty repairs must be submitted to Seller in writing and include reference to original invoice number. Seller shall investigate alleged nonconformity and if parts installed or workmanship performed is found to be defective, Seller will affect repairs at its own expense.
Warranty does not include cost of removal or transportation of defective equipment to or from the Company’s facilities. Repairs under warranty will be conducted expediently during normal working hours; overtime if requested by Buyer will be invoiced separately.
Term of warranty remains valid from original invoice date. Exceptions to repairs covered by warranty include but are not limited to, damage caused by normal wear and tear, operator error or neglect, abuse of or use of equipment exceeding manufactures operating limits, and low or high voltage. Manufacture warranty will take precedence over the company warranty.
Correction of any defects in the manner and for the period of time provided above shall constitute complete fulfillment of all the liabilities of Seller. Repairs provided pursuant to the warranty do not extend the original warranty provided. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BUYERS EQUIPMENT FAILURE. THE COMPANY’s FINANCIAL LIABILITY IS LIMITED TO AMOUNT OF ORIGINAL INVOICE RELATED TO WARRANTY WORK.
Environmental Matters:
The Company reserves the right to amend its quotation and invoice Buyer, if in the course of repairs, hazardous materials are identified which require special handling and disposal. Liabilities associated with hazardous materials disposal or clean up remain with owner of equipment.
Force Majeure:
Seller shall not be liable to Buyer, or any third party, for failure to perform or for delay in performance of this quotation due to any cause beyond its reasonable control, including, without limitation, fire, flood, labor problems, war, governmental action, pandemic, energy shortage, transportation delay or shortage, unavailability of necessary parts or services from customary sources or acts of God. Seller’s time to completion shall be extended by the amount of time lost that was beyond our control.
Limitation Of Liability:
Seller shall have no liability to Buyer or any end user of the equipment serviced by the Seller under the quotation with respect to the provision of services under a quotation for lost profits or for indirect, special consequential, exemplary or incidental damages of any kind whether arising in contract, tort, product liability or otherwise, even if Seller was advised of the possibility of such lost profits or damages. Seller’s liability is limited to the amount of Buyer’s direct damages up to the amount of the contract price and in no event shall Seller be liable to Buyer or any end user of equipment serviced under the quotation for any damages whatsoever in excess of the total price paid by Buyer for services referenced in a quotation.
Indemnification:
Buyer agrees to indemnify, defend and save the Seller harmless from any loss, damage or liability, of any nature whatsoever, which arises directly or indirectly to Seller, its officers, directors, agents or subcontractors, as a result of Buyer’s failure to comply, negligently or willfully, with any of the terms or provisions of this quotation, or any Credit Agreement enforced in connection with this quotation.
Seller shall not be liable for and Buyer shall release, defend, indemnify and hold harmless seller and any entity affiliated in any way therewith from any claims, demands, damages (regardless of their type, including but not limited to direct, consequential, incidental, punitive or special), damages to persons, damages to property, liabilities, losses and expenses (whether known or unknown, present or future) any and all liability of and from any and all manner of suits, actions or causes of action (including but not limited to suits for contribution and/or indemnity and all suits in law, in equity, or under statute, of whatever kind or nature) on account of or in any way arising out of acts or omissions of Buyer, its agents, contractors, employees or any person under their control relating in any way to the services provided under a quotation or the equipment serviced by the Seller, including but not limited to Buyer’s use and operation thereof. Buyer hereby waives immunity or defense under applicable Workmen’s Compensation laws or other laws that would otherwise limit Buyer’s obligations herein.
Enforcement:
Neither party to this transaction shall hold the other in default without first giving at least seven (7) days written notice of the default. Enforcement if required shall be subject to the jurisdiction of Trinidad and Tobago courts. Prevailing party shall be entitled to reimbursement of all costs associated with enforcement of resolution to conflict.
Severability:
In the event that any of the provisions or applications of this document are held to be unenforceable or invalid by the applicable law the unenforceable or invalid provision shall be deemed to be automatically deleted, and the validity and enforceability of the remaining provisions or applications shall not be affected thereby and shall continue in full force and effect, and the parties shall make any lawful modifications necessary to achieve Sellers primary business purpose, to the extent that same may have been affected by the deletion of the invalid or unenforceable provision.
Waiver:
No waiver by Seller of any breach of any term or condition of these Terms and Conditions shall be deemed a waiver of any other breach. No delay in enforcement of rights by Seller will be deemed a waiver and Seller’s failure to object to any provision contained in any communication from Buyer shall not be deemed an acceptance thereof or a waiver of any of these Terms and Conditions.
These terms and conditions dated September 2020, supersede any previous written or verbal agreements pertaining to transactions between the company and its customers.
