Terms & Conditions

Terms & Conditions

1. TERMS OF AGREEMENT:  The term “Company” or “Disbributor” as used herein shall mean Contractors1stdistribution.com, Inc.  The sale, shipment and delivery by Company of Products will be subject only to and governed exclusively by the terms and conditions set forth in the Agreement. THE ACCEPTANCE OF ANY OFFER MADE BY DISBRIBUTOR IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. Submittal of any further purchase documents by Dealer, or execution of this offer by Dealer, or allowing Disbributor to commence work, shall be deemed an acceptance. ANY ACCEPTANCE BY DISBRIBUTOR IS MADE EXPRESSLY CONDITIONAL UPON THE DEALER’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.Any additional or differing terms and conditions contained on any documents prepared or submitted by Dealer, including but not limited to those contained in Dealer’s drawings and specifications (whether or not such terms materially alter these terms and conditions), are hereby rejected by Disbributor and shall not become part of the agreement between Dealer and Disbributor.
2. PRICE POLICY:  Prices of the Products are subject to change without notice and may be increased depending on the date of release and/or shipment of the order, announced increases in the Disbributor’s list prices, or increases in labor, fuel, shipping, and material costs.
3. TERMS OF PAYMENT:  Terms of payment are subject at all times to prior approval of the Disbributor’s credit department.  Terms of payment are net thirty (30) days from date of invoice, with a 50% paid deposit, unless previously otherwise agreed in writing. All invoices will be issued once Product(s) has been shipped. If at any time the financial condition of the Dealer or other circumstance affecting the credit decision, in Disbributor’s opinion, does not justify continuance of production of Products or shipment of Products on the terms of payment specified, the Disbributor may require full or partial payment in advance, or may at its sole discretion stop or delay production or shipment of Products.  In the event of default in payment, Dealer agrees to pay all costs of collection incurred by Disbributor including but not limited to collection agency fees, attorney fees and court costs.  All past due amounts shall bear interest at the highest rate allowed by law.
4. SHIPPING TERMS:  Unless otherwise agreed in writing by Disbributor, all Products will be delivered EXW (Ex Works) Disbributor’s designated delivery point, in accordance with Incoterms 2010.  The responsibility of Disbributor for all shipments ceases upon delivery of Products in good order to designated delivery point. Disbributor may ship the Products in one or more lots; such lots may be separately invoiced and shall be paid for when due per invoice, without regard to subsequent deliveries. Shipment dates are estimates only and indicate the date the Product is scheduled to ship from Disbributor’s factory.  No contract has been made to ship in a specified time and any “time is of the essence” clause or language and claims for backcharges are specifically rejected. Delay in the delivery of Products hereunder shall not relieve Dealer of its obligation to accept and pay for Products under any other agreement or purchase order. If delivery as originally scheduled is delayed by Dealer, Disbributor may invoice Dealer and store the Products at Dealer’s expense.
5. CLAIMS:  Claims for damage, shortage or errors in shipping must be reported within five (5) days following delivery to Dealer. Dealer shall have three (3) business days from the date Dealer receives any Products to inspect such Products for defects and nonconformance (which are not due to damage, shortage or errors in shipping) and notify Disbributor, in writing, of any defects, nonconformance or rejection of such Products. If Dealer does not notify Disbributor within such three (3) day period, Dealer shall be deemed to have irrevocably accepted the Products. After such acceptance, Dealer shall have no right to reject the Products for any reason or to revoke acceptance. The sole and exclusive remedy for Products alleged to be defective in workmanship or material will be the replacement of the Products subject to the Disbributor’s inspection and the Limited Warranty.
6. TAXES, CUSTOMS & DUTIES:  The amount of any present or future taxes, customs and duties applicable to the Products will be added to the price contained herein and paid by Dealer in the same manner and with the same effect as if originally added thereto. Disbributor shall have the right to invoice separately any such tax, customs and duties that may be imposed at a later time.
7. CANCELLATIONS AND CHANGE ORDERS:  Dealer may not cancel or terminate for convenience, or direct suspension of production without the Disbributor’s written consent and then only upon terms that will compensate Disbributor for any and costs, lost profit, overhead and similar costs and expenses of every kind associated therewith. Upon Disbributor’s inability to fill said purchase order within 30 days, Dealer  will be allowed to cancel the purchase order by providing Disbributor with written notice of intent to cancel said purchase order.”

Change orders are only effective when agreed to in writing signed by both parties and may result in additional costs to Dealer.

1. RETURNED GOODS:  Products may not be returned except by prior authorization from the Disbributor’s customer service department. Unauthorized returns will be automatically refused.  Dealer may return, at its sole cost and expense, any standard stock Products with no restocking charge if: (i) Product is in new condition, suitable for resale in its undamaged original packaging and with all its original parts; and (ii) Product has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged; provided, in no event shall Dealer be entitled to return Product more than six (6) months following delivery. Specially fabricated Products or nonstandard stock Products may not be returned unless sent to Dealer as a result of an error by Disbributor. Credits for returned Products not in accordance with (i) and (ii), above, shall be subject to the following deductions: (a) cost of restoring items to salable condition; (b) transportation charges, if not prepaid; and (c) handling and restocking charges.
2. DELAYS:  If Disbributor suffers delay in performance due to any cause beyond its control, including but not limited to acts of God, war, act or failure to act of government, terrorism, act or omission of Dealer, fire, flood, strike or labor trouble, sabotage, substantial increase in energy costs or the cost of materials, or delay in obtaining from others suitable services, materials, components, equipment or transportation.  Disbributor shall not be liable for any costs or expenses associated with such delay and the time of performance shall be extended a period of time equal to the period of the delay and its consequences; Disbributor will give to Dealer notice in writing within a reasonable time after Disbributor becomes aware of any such delay.
3. LIMITED WARRANTY:  The Dealer accepts PURIFI’s warranty that PURIFI will, at its option, repair, replace or provide replacement parts in the event any Product manufactured by the PURIFI and used in the United States or Canada which upon inspection it finds to be defective in material or workmanship as follows: (1) Generator for a period of sixty (60) months from initial startup or sixty-six (66) months from date of shipment, whichever expires sooner; (2) Generator Core Assembly for a period of twenty-four (24) months from initial startup or thirty (30) months from date of shipment, whichever expires sooner; (3) Sensor for a period of twenty-four (24) months from initial startup or thirty (30) months from date of shipment, whichever expires sooner; (4) Smart Hub for a period of twenty-four (24) months from initial startup or thirty (30) months from date of shipment, whichever expires sooner; provided, Buyer complies with all maintenance requirements and provides written notice to PURIFI within a reasonable time after discovery. Products not manufactured by PURIFI but also sold under this agreement are not warranted by Company and/or PURIFI, but are sold only with the express warranty, if any, of the manufacturer and only to the extent transferable.

No warranty shall apply to any Products or parts which: (1) have been opened, dissembled, repaired, or altered by anyone other than the PURIFI, Company and/or its authorized service representative; or, (2) have been subjected to misuse, misapplication, negligence, accidents, damage, abuse, improper storage, or abnormal use or service; or, (3) have been operated or installed in a manner contrary to PURIFI’s printed instructions; or, (4) have been installed in an incorrect or improper application; or, (5) have become corroded or subjected to abrasion, (6) have been subject to other than normal wear and tear, or (7) have not maintained proper servicing and maintenance as outlined above  Neither PURIFI nor the Company is obligated to pay any costs or expenses in connection with the removal and reinstallation of such Products or parts, including but not limited to labor, service costs, and shipping charges.  This warranty and any optional extended warranties are granted only to the original user.  PURIFI’s and/or Company’s duty to perform under this or any warranty may be delayed, at PURIFI’s and/or Company’s sole option, until Company has been paid in full for all Products or parts purchased by Dealer.  No such delay shall extend the warranty period.

THE WARRANTY BY PURIFI CONSTITUTES THE DEALER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PURCHASE AND SALE OF PRODUCTS.  IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.  COMPANY HEREBY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

No person (including any agent, salesman, dealer or Dealer) has the authority to expand the Company’s obligation beyond the terms of this express warranty, or to state that the performance of the Products is other than published by the Company.

1. SOPHISTICATED DEALER:  Dealer hereby acknowledges that it is aware of and understands the risks involved with the use of the Products, including but not limited to risks of personal injury and death.  Dealer shall provide adequate warnings to its employees, agents, contractors and downstream customers of the risks associated with the use of the Products.
2. MARKINGS:  Dealer shall not, without the prior written consent of Disbributor, remove or alter any patent numbers, trademarks, notices, serial numbers, labels, tags or other identifying symbols or legends affixed to any Products or their containers or packaging, nor add Dealer’s name, logo, marks, labels, tags, or similar materials to any Products or their containers or packaging.
3. CHANGES IN LAWS AND REGULATIONS:  Disbributor’s Pricing and performance requirements are based on all applicable laws, rules, regulations, orders, codes, standards or requirements of governmental authorities effective on the date of Disbributor’s quotation. Any change to any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Disbributor to an equitable adjustment in the Pricing and any time of performance.