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Terms & Conditions
Terms and Conditions of Sale
1)Quotation and Contract – The Quotation is the document to which these Terms and Conditions are attached and apply, along with other documents supplied such as drawings, specifications, etc. All are considered integral to the Quotation and resulting Contract. Where there are discrepancies between the Quotation and documents supplied by the customer, the Julbert Inc. Quotation shall take precedence.
2)Acceptance – Unless otherwise stated the Quotation is valid for a period of 10 days from issue date. Upon verbal or written award by a customer representative, the Quotation is immediately considered the Contract and Julbert Inc. will issue a Purchase Agreement and will initiate the Contract scope of work.
3)Price – The price in the Quotation is stated in United States Dollars, ex-works at the company’s facility, unless otherwise specified. The price is exclusive of all sales taxes, permits and similar taxes of any kind.
4)Payment– Terms of payment shall be in accordance with terms specified in the original Quotation.(No hold-backs are applicable to any portion of the payment). Payments not received by the due date are subject to late payment interest penalty of 1.5% per month (18% per annum), plus the repayment of any expenses incurred by Julbert Inc. in obtaining the overdue payments.
5)Delivery– The delivery and completion dates identified in the Quotation are approximate only and will be confirmed after scope of work has been determined. Julbert Inc. will undertake its best efforts to meet the confirmed schedule, but is not responsible for actual or consequential damages incurred by the Customer if delivery is delayed.
6)Force Majeure– Julbert Inc. is not responsible for delay in delivery, caused by Force Majeure, which includes, but is not limited to acts of God, weather, labor disruption, jurisdictional approved delays, fire, and/or other acts or circumstances which Julbert Inc. cannot reasonably protect against.
7) Security Interest– Full Title will pass to the Customer at the time the order is complete and paid for, whether or not the Customer has had the equipment moved to their site. For all Customer equipment at Julbert Inc.’s facility, the Customer agrees to carry full insurance coverage. Such coverage is to be at the Customer’s expense.
8)Cancellation– Project cancellation charges will include all material and labor costs (including overhead) incurred on the project, prior to the date of cancellation, with a minimum charge of 20% of the contract value.
9)Warranty– Julbert Inc. warrants that all equipment manufactured from the Quotation is guaranteed to be free from defects in workmanship or materials, for a period of one year from date of shipment. This warranty is limited to repair or replacement at the discretion of Julbert inc. and does not include any cleaning, shipping or any loss of production. In order to maintain Warranty, claims must be submitted to Julbert Inc. in writing, immediately upon discovery of the defect. Julbert Inc. must be given the first opportunity to repair or replace the defective part. Where there is a failure of a component purchased by Julbert Inc. the warranty coverage is limited to the provisions of the original manufacturers warranty.
10)Damages – Julbert Inc. is not liable for consequential damages of any kind as a result of the defect, such as, but not limited to, loss of revenue, profits, use of equipment, damage to other equipment or public property, etc. Julbert Inc. is not responsible for actions which result from the repairs or modifications by others unless acting under the written direction of a Julbert Inc.'s representative.
11)Applicable Laws– The Contract shall be interpreted in accordance with the laws of the State of Idaho. In the event of a dispute, the parties will first explore resolution by mediation or arbitration to assist in reaching a settlement. Failing such resolution, disputes will ultimately be resolved within the courts of the State of Idaho.
12)Title ofownership – will remain with Julbert Inc. until account is paid in full.