Doucette Terms & Conditions
ACCEPTANCE. The acceptance of a purchase order by Doucette Industries., Inc. is subject to the terms and conditions herein. All purchase orders shall be subject to the terms and conditions set forth and shall govern and prevail regardless of terms and conditions set forth to the contrary by The Purchaser. Purchaser accepts these terms and conditions under the condition of unqualified assistance that shall be evidenced by The Purchaser’s acceptance of any product ordered. Acceptance of a purchase order is subject to credit approval and to credit conditions imposed.
PRICES. Prices charged will be those at time of receipt of purchase order, or release for fabrication, whichever occurs last. All prices are F.O.B. York, Pennsylvania. Purchaser shall be responsible for payment of any federal, state or local taxes.
TERMS OF PAYMENT. Net 30 days from date of invoice. Doucette reserves the right to withhold shipments due to overdue balances.
TITLE AND RISK OF LOSS. Title and risk of loss or damage passes to the Purchaser upon transfer of products to the carrier. Order errors or deficiencies must be reported to Doucette with five (5) days after shipment is received by Purchaser.
RETURN OF PRODUCT. No product shall be returned to Doucette without prior written authorization by Doucette. Only products of current design, in their original cartons, shall be considered for return. Purchaser shall prepay shipping costs.
PRODUCT WARRANTY. Doucette extends the following limited warranty for 12 months from the date of installation, but no longer than 18 months from the date of shipment to Purchaser, whichever should be longer on all products except Aquefier residential heat recovery units with 60 months on the heat exchanger and 36 months on the pump. This limited warranty is extended to the Purchaser. Purchaser is the individual, company or corporate entity to whom the product was originally sold.
Doucette warrants that our product is free from defects in material or workmanship under normal use and service. In the event of product failure, the obligation of Doucette shall be limited to repairing or replacing, at our option, F.O.B. York, Pennsylvania, any product of our manufacture which proves defective and upon our examination shall disclose to our satisfaction to be thus defective. This limited warranty does NOT include liability for any labor charges from others for replacement or repair of defective product, not does it cover costs for parts, refrigerants or fluids, and contains non contingent liability of any kind.
This limited warranty shall not apply to products which have been subject to any accident, alternation by others, abuse misuse or improper installation.
THIS LIMITED WARRANTY IS IN LIEU OF ANY OR ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR USE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DOUCETTE. IN NO EVENT SHALL DOUCETTE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
This limited warranty neither assumes nor authorizes any other person to assume for Doucette any other obligation or liability in connection with the sale or use of said products.
INDEMNITY. The Purchaser shall protect, defend and indemnify and hold harmless Doucette from all liabilities, losses, damages, costs and expenses (including legal costs) arising from alleged patent infringement, use and sale of product, or any other reason.
PRODUCT CHANGES. Doucette shall make periodic product improvements without notice. Product design and features are shown in published material and meet intended claims to the best of our knowledge. Doucette shall not be responsible for product application or labor losses, no be responsible for specifications, dimensions or location of fittings for products designed for replacement of products manufactured by others.
DELIVERY AND FORCE MAJEURE. Quoted shipping dates are estimated in good faith but are not guaranteed. Doucette assumes no responsibility for risk or loss, nor is Doucette liable for failure to ship or for delays in delivery due to credit disapproval, or due to strikes, fires, accidents, national emergency or any other circumstance beyond our control. Receipt of product by Purchaser shall constitute waiver of any claim for delay.
SPECIAL ORDERS. On specialty products and products of custom design, produced in accordance to Purchaser’s specifications, a deposit of 25% of the sale price may be required upon engineering approval by the Purchaser or acceptance of purchase order by Doucette. This deposit is refundable only in the event of order cancellation prior to Doucette’s acquisition of materials or release for fabrication. After release for fabrication, any or all of the deposit may be refundable on a pro-rate basis solely at the discretion of Doucette.
CANCELLATION. Doucette reserves the right to collect costs against cancelled orders. Cancellation costs shall be a minimum of 25% of the product(s) sales price.