1.0 ACCEPTANCE
Proposals and quotations made by J.D.Cousins, Inc. (JDC) are not binding contracts. No order or contract shall be binding upon JDC until accepted and acknowledged by an authorized representative of JDC.
2.0 DELAYS / FORCE MAJURE
JDC shall not be held responsible for any loss, delay, or damages caused by JDC’s inability to secure materials, or by fire, weather, strikes, lockouts, accidents, US or Foreign Government acts or requirements, embargoes, insurrections, or riot, or by any cause beyond the reasonable control of JDC or its suppliers.
3.0 CANCELLATIONS & CHANGES
Contracts that are cancelled by the Customer prior to shipment will be subject to cancellation charges. Changes in the scope of supply made by the Customer / Buyer will result in work stoppage and delivery modifications until written acceptance of changes received by JDC.
4.0 TAXES
Unless otherwise noted in the quotation, prices quoted are exclusive of taxes, duty, customs, and freight. To the prices quoted there shall be added any applicable excise, sales, use, or comparable tax payable by JDC under any effective law, Federal, State, Municipal, or Foreign.
5.0 CREDIT
Contracts, shipments, and deliveries shall at all times be subject to approval by the credit department of JDC.
6.0 NON-CONFORMANCE
JDC will replace at the original point of delivery materials which upon inspection before installation is found defective or not in conformity with the applicable specifications and drawings, provided that notice has been given in writing promptly of such defect or non-conformity and JDC is given reasonable opportunity to inspect the same; but no claims shall be allowed by JDC for the cost of any labor expended on such material, or for any separate, special, indirect, or consequential damage to anyone. If the Customer / Buyer do not give such notice, the equipment shall be deemed to be in all respects in accordance with the Contract.
7.0 CONFIDENTIAL INFORMATION
Customer / Buyer acknowledges and agrees that the designs, drawings, plans, and specifications provided by JDC are proprietary to JDC and shall not utilize or disclose the same to any third party.
8.0 LIMITATION OF DAMAGES
JDC shall not be liable for any special, indirect, incidental, or consequential damages. The remedies of Customer / Buyer set forth herein are exclusive, and the liability of JDC with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation, or technical direction of installation, repair or use of any equipment covered by or furnished under the contract, whether in contract, in tort, or otherwise, shall not exceed the price of the equipment or part on which such liability is based. In no event is JDC liable to the Customer / Buyer for consequential, incidental, special, or indirect damages under any legal theory, and the remedies expressly set forth are in lieu of all other remedies under any legal theory.
9.0 GOVERNING LAW
The contract between JDC and the Customer shall be governed by and construed in accordance with the laws of the State of New York.
10.0 WARRANTY
10.1 JDC warrants for a period not in excess of 18 months from date of shipment, or 12 months from date of installation, whichever is earlier, the design, construction, and materials of JDC’s products to be first class and free from defects in materials and workmanship. JDC’s sole obligation under this warranty is limited to repairing or furnishing, without charge, f.o.b. JDC’s factory, any defective parts. JDC will not be responsible for damages of any nature, resulting from the above stated warranty or from any defects in JDC’s products, either in materials, design, or construction, or arising from the use of such products. JDC does not guarantee against abrasion, corrosion, or erosion.
10.2 The above stated warranty, which is given expressly in lieu of all other warranties express or implied, including warranties of merchantability and fitness for particular purpose, constitutes the only warranty made by JDC.
10.3 Warranties on equipment not of JDC’s manufacture are limited to terms of warranty furnished by JDC’s suppliers.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
