Vittitow Refrigeration, Inc.
Terms and Conditions
4603 Poplar Level Rd, Louisville, KY 40213
- PAYMENT TERMS: Unless otherwise stated in the body of a quote, a down payment of (50%) of the quoted price (“Contract Price”) of the equipment and fixtures (collectively, the “Equipment”) less applicable state and local taxes is due upon signing the “Terms and Conditions of Sale” (the “Contract”). Equipment will not be ordered prior to signing of agreement and receipt of down payment. Balance of the Contract Price, including freight, applicable state and local sales tax, is due upon delivery of the Equipment. Should Vittitow Refrigeration be unable to deliver or install the Equipment due to the Purchaser’s premises not being ready for a period of (30) days after Equipment is ready for delivery, the Purchaser agrees to pay the balance of the Contract Price, including freight charges whether the Equipment was delivered of not. Credit card payments may be accepted for payment, and a 3.25% merchant processing fee will be added to the total purchase price. Purchaser agrees to pay storage fees and re-delivery charges if the Equipment cannot be delivered on the scheduled trip. Vittitow Refrigeration shall retain title to the Equipment until paid in full, and Purchaser also grants Vittitow Refrigeration a security interest in the Equipment.
- DELAYS: Delay in Equipment delivery due to, but not limited to, factory error, shipping error (on part of factory or carrier), strikes, and acts of God shall not be the responsibility of Vittitow Refrigeration and in no event shall Vittitow Refrigeration be liable for any damages, including but not limited special or consequential damages. Delivery delays beyond 30 days from planned date requires Vittitow Refrigeration to store and handle the Equipment. Purchaser will be responsible for a storage and handling fee prorated daily and based on a price not to exceed $500.00 per month.
- DAMAGE FREIGHT LIABILITY: Vittitow Refrigeration shall have no liability for damaged Equipment dropped shipped from the manufacturer to Purchaser. If any Equipment arrives in damaged condition, Purchaser should not accept it unless the transportation carrier acknowledges the damage on the fright bill. In the event of concealed damage, the Purchaser shall immediately call the delivering carrier for a concealed damage inspection and save cartonage. Purchaser shall notify Vittitow Refrigeration the same day of any damage. Under no conditions are deductions to be made from the Vittitow Refrigeration’s invoice for any damage, loss, breakage, or shortage. Reporting damage is the responsibility of the Purchaser (customer), not Vittitow Refrigeration.
- CANCELLATION AND RESTOCKING: Should Purchaser elect to cancel the order after the signing of the Contract and payment of the initial down payment, the Purchaser agrees to a cancellation charge of up to (15%) of the net value of the subject order to cover Vittitow Refrigeration’s invested cost of specifying, engineering, drawing and order processing. Should Purchaser elect to change his order after Vittitow Refrigeration’s placement of its order to specified manufacturer(s), then Purchaser agrees to pay Vittitow Refrigeration the proportionate amount of fabrication completed at the time, up to (100%) of the net value of Purchaser’s order, plus freight charges that may occur due to Purchaser’s cancellation. All other Equipment and supplies will be subject to a 50% restocking charge plus return freight charges. No returns accepted after 30 days from invoice date.
- NEW EQUIPMENT-EXCLUSION OF WARRANTIES: All new Equipment is sold with the manufacturer’s warranty only. There are no warranties of either merchantability or fitness for a particular purpose use. In any event, Vittitow Refrigeration shall not be responsible for any damages, including but not limited to special, consequential, direct or indirect. The manufacturer or its authorized Representative is solely responsible for warranty work.
- RECONDITIONED USED EQUIPMENT – WARRANTIES: Unless otherwise provided on the sales invoice or a manufacturers warranty has been transferred Purchaser, all reconditioned used equipment is sold with a 30 days parts and labor warranty, excluding travel and overtime.
- INSTALLATION SERVICE: Installation services are to include receiving, warehousing, delivery to Purchaser’s premises, uncrating, and setting-in-place ready for final connection by others. Refrigeration piping, if any, is to be the responsibility of the Purchaser unless specified above. Exhaust system duct work, material and labor, if any, is the responsibility of the Purchaser unless specified above. Purchaser shall also be responsible of the HVAC balancing after the exhaust hood is installed Plumbing and electrical rough-ins or final connection are not provided by Vittitow Refrigeration and shall be the responsibility of the Purchaser, Contractor, or Sub-Contractor (not Vittitow Refrigeration) are responsible for conforming to all prevailing codes: i.e. electrical, plumbing, health, etc. and extra charges will be applied if changes are required to include local code requirements. Purchaser is responsible for delivered property and services for insuring and securing against loss due to theft, fire, damage, or acts of God.
- INSTALLATION CHARGES: Labor charges are based on straight time for eight (8) hours, including travel time, in (24) hours day and time and one half for any hours incurred above (8) hours in the same (24) hour day. The Purchaser agrees to reimburse Vittitow Refrigeration for truck expenses, meals, and lodging required to transport, install the Equipment unless otherwise specified above. Change orders will be invoiced as additional expenses.
- FREIGHT CHARGES: Unless otherwise noted, freight charges are not computed in quoted Equipment prices. These shall be added on and are the responsibility of the Purchaser.
- TAXES: Unless noted, State and local taxes are not in he quoted Equipment price. These shall be added on and are the responsibility of the Purchaser.
- FINANCE CHARGES: Unpaid past due balances will be charged 1 ½ % per month.
- LEGAL FEES: The Purchaser is responsible for attorney’s fees, and other fees or costs associated with litigation or other efforts incurred to collect any amount due under Vittitow Refrigeration Contract.
- MODIFICATION OF AGREEMENT: No provision of a Vittitow Refrigeration Contract may be modified in whole or part except by a written agreement executed by Purchaser and a duly authorized officer of Vittitow Refrigeration, Inc.
Standard Pre-payment with order is 50% for purchases from $250-$75,000 and 30% for purchases over $75,000 with subsequent progress payments. Balance due at time of delivery unless otherwise stated in body of the quote. Progress payments are due upon payment request and/or as noted above.