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TERMS AND CONDITIONS OF SALE
THE SALE OF PRODUCTS AND SERVICES (“PRODUCTS”) BY SAMM’S HEATING AND AIR CONDITIONING AND ITS DIVISIONS AND SUBSIDIARIES (“SAMM’S HEATING AND AIR CONDITIONING..”) ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT, OR OTHER COMMUNICATION (“ORDER”), PREPRINTED TERMS AND CONDITIONS ON ANY CUSTOMER (“CUSTOMER”) DOCUMENT (FOR EXAMPLE: PURCHASE ORDERS OR CONFIRMATIONS) AND/OR SAMM’S HEATING AND AIR CONDITIONING’S FAILURE TO OBJECT TO CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THE TERMS OF THIS AGREEMENT.
ORDERS – All Orders are subject to acceptance by Samm’s Heating and Air Conditioning. Samm’s Heating and Air Conditioning. reserves the right to allocate the sale of Products among its customers. Orders for special, custom, value-added and Products specifically identified by Samm’s Heating and Air Conditioning as non-standard are non-cancelable and non-returnable (“NCNR”). The Customer may not cancel or reschedule Orders for standard Products without Samm’s Heating and Air Conditioning consent, which shall not be unreasonably withheld.
PRICES – Samm’s Heating and Air Conditioning quoted prices apply for 24 hours or as otherwise stated in its quote. Samm’s Heating and Air Conditioning may increase prices if Samm’s Heating and Air Conditioning costs increase or other circumstances beyond Samm’s Heating and Air Conditioning reasonable control.
TERMS OF PAYMENT – Upon approval of repairs, payment is due upon completion. On any past due invoice, Samm’s Heating and Air Conditioning may charge interest from the payment due date to the date of payment (at 1 1/2 % per month), plus reasonable attorney fees and collection costs. Samm’s Heating and Air Conditioning may change the terms of Customer’s credit at any time. Samm’s Heating and Air Conditioning. may apply payments to any of Customer’s accounts.
LIMITATION OF LIABILITY – SAMM’S HEATING AND AIR CONDITIONING IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, REWORK, MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM SAMM’S HEATING AND AIR CONDITIONING FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE PRODUCT AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD SAMM’S HEATING AND AIR CONDITIONING HARMLESS FROM ANY CLAIMS BASED ON; (i) SAMM’S HEATING AND AIR CONDITIONING COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (ii) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SAMM’S HEATING AND AIR CONDITIONING., OR (iii) USE IN COMBINATION WITH OTHER PRODUCTS.
The laws of the State of Texas will exclusively govern any dispute between Samm’s Heating and Air Conditioning and Customer without reference to Texas’ conflict of laws principles. The United Nations Convention for the International Sale of Goods shall not apply.
Customer may not assign this Agreement without the prior written consent of Samm’s Heating and Air Conditioning. Samm’s Heating and Air Conditioning or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successors and assigns.
This Agreement can only be modified in writing signed by authorized representatives of both Samm’s Heating and Air Conditioning and Customer.
Samm’s Heating and Air Conditioning and Customer are independent contractors and agree that this Agreement does not establish a joint venture or partnership.
Statements or advice (technical or otherwise) if given without charge, are an accommodation to Customer and Samm’s Heating and Air Conditioning has no responsibility or liability for the content or use of such statements or advice.
Samm’s Heating and Air Conditioning’s failure to object to any document, communication, or act of Customer will not be deemed a waiver of any of these terms and conditions.
The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
Customer and Samm’s Heating and Air Conditioning will comply with applicable laws and regulations.
WHAT WE COLLECT
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.