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Quotes - Engineering - SalesAcceptance of these terms
These terms and conditions apply to every quotation issued and every order accepted by HeatX for heat exchangers, coils and related equipment. A purchase order placed against a HeatX quotation is an acceptance of these terms. Terms printed on a purchaser's order form that add to or differ from these are rejected unless HeatX agrees to them in writing, signed by an authorized officer, and no course of dealing or trade usage changes them.
Quotations and orders
A quotation is valid for the period stated on it, and the price, construction, materials, codes and documentation it lists are the whole of what is offered; anything not listed is not included. Quotations are based on the fluids, flows, temperatures, pressures and water chemistry supplied by the purchaser, and a change to any of them after the quotation may change the selection, the price or both.
An order becomes binding when HeatX issues a written acknowledgment. Where the acknowledgment differs from the purchase order, the acknowledgment governs unless the purchaser objects in writing within the period stated on it. Where drawings are submitted for approval, they must be returned approved before fabrication begins, and the delivery schedule starts from their receipt and any required down payment, not from the order date.
Prices and payment
Prices are as stated on the quotation, in United States dollars, and exclude sales, use, excise and similar taxes, which are added where HeatX is required to collect them unless a valid exemption certificate is on file. Payment terms are those stated on the quotation or acknowledgment. Amounts not paid when due accrue interest at the rate stated on the invoice or the maximum rate permitted by law, whichever is lower, and HeatX may suspend performance on any order while an account is past due.
Where a material surcharge, a code fee, a registration fee or a freight estimate appears on the quotation as an allowance, the actual cost is invoiced.
Delivery, shipment and risk of loss
Delivery dates are estimates made in good faith from the information available when the acknowledgment is issued and are not a commitment to a date; time is not of the essence. HeatX is not liable for delay caused by material availability, code inspection scheduling, carrier delay, purchaser drawing approval, or events beyond its reasonable control.
Unless the quotation states otherwise, delivery terms, title and risk of loss are as stated on the quotation. Any claim for damage or shortage in transit is made against the carrier. The purchaser inspects on receipt and notifies HeatX in writing of any visible damage or discrepancy within the period stated on the packing list.
Cancellation, changes and returns
Heat exchangers are engineered and built to order. An order may be canceled or changed only with HeatX's written consent, and the purchaser is responsible for all costs incurred to the date of cancellation, including engineering, materials purchased or cut, fabrication labor and any restocking or cancellation charges from suppliers. A change in fluids, ratings, materials, codes or connections after acknowledgment is treated as a change order and may affect price and delivery.
Equipment built to order is not returnable. A return of stock items requires a written return authorization, must arrive in the original condition, and is subject to the restocking charge stated on the authorization.
Warranty and limitation of liability
The only warranty on equipment sold under these terms is the HeatX warranty described on the Warranty page and referenced by the quotation, for the period stated there. All other warranties, express or implied, including merchantability and fitness for a particular purpose, are disclaimed to the extent the law allows.
HeatX's liability on any claim, whether in contract, tort, negligence or otherwise, shall not exceed the price of the item giving rise to the claim. HeatX is not liable for consequential, incidental, indirect, special or punitive damages, including lost production, lost product, lost profit, downtime or the cost of substitute equipment.
Technical information and suitability
Sizing, material and construction recommendations are made from the information the purchaser supplies and from published engineering data. They are offered to assist the purchaser, who remains responsible for confirming that the equipment, its materials and its ratings suit the process, the installation and the applicable codes at the point of use. Published operating limits, chloride guidance and material comparisons on this site are general engineering guidance and are not a representation about any particular duty.
General
These terms are governed by the laws of the United States and the State of California, without regard to conflict-of-law rules. If any provision is held unenforceable, the remainder stays in effect. These terms, the quotation and the acknowledgment are the entire agreement between HeatX and the purchaser on the equipment they describe, and they can be changed only in a writing signed by both parties.
