Unless otherwise noted, prices quoted do not include taxes or duties of any kind or nature. Purchaser agrees that it will be responsible for filing all tax returns and paying applicable tax, duty, export preparation charge and export documentation charge resulting from the purchase of the Products. In addition, in the event any other similar tax is determined to apply to Purchasers purchase of the Products from CHR Inc., Purchaser agrees to indemnify and hold CHR Inc. harmless from and against any and all such other similar taxes, duties and fees. All prices quoted are U.S. Dollars unless otherwise specified. The amount of any present or future taxes applicable to the sales, transfer, lease or use of the Products shall be paid by Purchaser. CHR Inc., at its option, may at any time separately bill Purchaser for any taxes not included in CHR Inc.’s invoice and Purchaser shall pay said taxes, or in lieu thereof, Purchaser shall provide CHR Inc. with a tax exemption certificate satisfactory to the applicable taxing authority proving that no such tax is due and payable upon such sale, transfer, lease or use.
Unless otherwise stated in writing, all prices are F.O.B., point of shipment. Title and all risk of loss shall be borne by Purchaser upon delivery by CHR Inc. at place of shipment. Any claims for loss, damage or delay in transit must be entered and prosecuted by Purchaser directly with the carrier, who is hereby declared to be the agent of Purchaser. CHR Inc. shall not be liable for any delay in performance of this agreement or delivery of any Products, or for any damages suffered by Purchaser by reason of delay, when the delay is caused, directly or indirectly, by fire, flood, accident, riot, acts of God, war, governmental interference, strikes, embargoes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation, or any other causes beyond CHR Inc.’s control. In the event delay in shipment is caused by Purchaser or at Purchaser’s request, and the Products are not shipped within 5 days from the first date they are ready to be shipped, CHR Inc. may, in its sole discretion, sell such Products to another buyer without any liability or responsibility to Purchaser whatsoever. In addition, storage charges due to delay in furnishing delivery instructions, arranging and establishing a method of payment satisfactory to CHR Inc., or submitting valid import permits or licenses, or any other delay caused by Purchaser or at Purchaser’s request, will be for the account of Purchaser. CHR Inc. shall not be liable for any loss or use or for any indirect, consequential, incidental or other damages or losses due to delay in scheduled delivery.
Prior to delivery to place of shipment, order may be cancelled or returned only with CHR Inc.’s prior written consent and upon terms indemnifying CHR Inc. from all resulting losses and damages. CHR Inc. shall have the right to cancel and refuse to complete a Products order if any term and/or condition governing this agreement are not complied with by Purchaser. In the event of cancellation by Purchaser, or in the event CHR Inc. consents to a request by Purchaser to stop work or to cancel the whole or any part of any order, Purchaser shall make reimbursement to CHR Inc. reasonable cancellation charges, including, but not limited to, any deposits previously made to commence work, sums as may be required to fully compensate CHR Inc. for actual costs incurred, plus fifteen percent (15%). Purchaser may not cancel any order after CHR Inc.’s delivery to place of shipment. Returns for a Stock or Standard product must returned within 30 days of purchase, be in new condition and would incur a 15% re-stocking fee.
Projects which are built to the customer’s specifications or specific needs and/or are unique to the application are custom. These projects require a deposit before work will commence. Often drawings, build sheets and jigs need to be created and these NRE charges are included in CHR’s Design and Engineering fee. Projects with a dollar amount less than $2500 will be charged to credit cards and paid in full prior to work commencing.
Purchaser hereby agrees to indemnify, release, defend and hold harmless CHR Inc., its directors, officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at law or in equity (including the costs, expenses and reasonable attorney’s fees incurred in connection with the defense of any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any person whatsoever (including Purchaser’s and CHR Inc.’s employees or any third party), or damage to any property (including Purchaser’s property)arising out of or in any way connected with the performance or the furnishing of Products under this agreement. If Purchaser fails to fulfill any of its obligations under this paragraph or this agreement, Purchaser agrees to pay CHR Inc. all costs, expenses and attorney’s fees incurred by CHR Inc. to establish or enforce CHR Inc.’s rights under this paragraph or this agreement. The provisions of this paragraph are in addition to any other rights or obligations set forth in this agreement.
Experimental or prototype designs cannot be guaranteed to meet end-use suitability. Thermal analysis, power, watt densities and heater surface temperatures can be assured, but in cases of a new heating application suitability for the end use cannot guaranteed. If Purchaser orders and/or CHR Inc. delivers a Product designated as a “Prototype”, no guarantees, warranties or representations as to fitness for a particular purpose or merchantability are made with respect to such Prototype. Buyer shall have the duty and sole responsibility to test a Prototype prior to acceptance and/or incorporation into end-use applications. Buyer, therefore, shall have the duty and sole responsibility for testing and acceptance of production Products which are based on Prototype designs.
Purchaser represents that: (i) it is solvent and has the financial ability to pay for the Products purchaser hereunder and (ii) it has all requisite right, power and authority to perform its obligations under this agreement.
All CHR heaters come with one year warranty from date of purchase. Warranty cards MUST be filled out and sent in to our physical address within 30 days of purchase. Products which require warranty service need to be shipped to CHR before any warranty or credit can be determined. CHR will, at their option, repair or replace defective heaters free of charge during the warranty period, including standard United Parcel Service shipping within the USA to the customer. This includes ANY flaw during the manufacturing process including normal heat-up, temperature accuracy or failure.
Since CHR cannot inspect any of our blankets/controllers after installation on a customer’s product, we cannot accept responsibility for any condition which may arise because of the application of our devices to the customer’s own products.