TERMS AND CONDITIONS OF SALE

SHIPPING RESPONSIBILITY AND RISK OF LOSS

All shipments are made F.O.B. from manufacturing facilities. Aire Technologies manufacturing facilities are located at 1502 Industrial Drive, Monongahela, PA 15063, and 300 SE 15th Street, Wagoner, OK 74467. Title and risk of loss pass to the buyer at the time the goods are loaded with the carrier. Aire Technologies shall not be responsible for any loss or damage to goods in transit or shipment delays caused by the carrier.

EXCEPTION REPORTING

Exceptions, including but not limited to shortages, overages, or damages must be noted at the time of delivery, be reflected on the delivery receipt, and reported to Aire Technologies within 48 hours. Aire Technologies will then advise Buyer as to disposition of affected materials.

FREIGHT CLAIMS

Upon discovery of a problem Aire Technologies must be notified of the specifics of any such claim within 48 hours. Please provide any details supporting the claim. Examples: signed bill of lading noting damages and or pictures of damage.

ORDER CONFIRMATION / ACKNOWLEDGEMENTS

Aire Technologies will not accept any verbal orders. Aire Technologies will not enter orders without a written Purchase Order.

Buyer will be provided with an order acknowledgment for every order. In all cases it is the Buyers responsibility to review the acknowledgment upon receipt and report any errors immediately to Aire Technologies.

ADDITIONS, MODIFICATIONS, or CANCELLATIONS

All orders are subject to acceptance by Aire Technologies. Orders may be cancelled once processed only with approval by Aire Technologies. Cancelled orders are subject to a 15% cancellation fee, plus any potential additional costs incurred by Aire Technologies. Written additions or modifications will be accepted without penalty only if made within 24 hours of receipt of order from Buyer and only if the order has not been packaged for shipment. Any additions or modifications made may extend manufacturing lead time and could affect the delivery promise date.

  • Expedited orders and orders that have been packaged for shipment cannot be modified or cancelled

CANCELLATIONS or CHANGES

Cancellation of a Confirmed Purchase Order is subject to Cancellation Fees based on the level of completion and related costs. Re-stocking fees will be charged for all returned standard off-the-shelf products. No refund or credit will be issued for custom products, and shipping charges as defined on the order acknowledgement.

Cancellation by Buyer: Buyer may, by prior written notice to Aire Technologies, cancel orders or defer deliveries only on the conditions that Buyer assumes immediate liability and makes payments to Aire Technologies for cancellation charges incurred on the basis of costs to Aire Technologies, including handling and overhead charges. All cancellation charges will be determined at the time of cancellation or deferment and confirmed with buyer in writing.

Buyer may not cancel an order 72 hours prior to shipment. Buyer may not cancel or change an Order without the written authorization from Aire Technologies. If Buyer desires to cancel or change an Order, Buyer must deliver a written request for cancellation of the Order to Aire Technologies. If Aire Technologies consents to Buyer’s written request for cancellation of the Order Buyer shall pay to Aire Technologies a percentage of the total Order price to be determined at the time of cancellation.

Cancellation of any item on an order by Buyer will be accepted only on the following basis: Any items which upon Seller’s receipt of Buyer’s written notice of cancellation are within up to 72 hours of completion, as determined by Seller’s best estimate at the time of receipt of cancellation notice, which will be completed and paid for by Buyer in full accordance with the regular payment terms. All orders which are less than 72 hours of completion upon Seller’s receipt of Buyer’s written notice of cancellation is requested, cannot be cancelled.

  1. Changes requested by Buyer – Changes to orders are subject to Aire Technologies approval and acceptance. Buyer shall reimburse Aire Technologies for all additional costs and expenses related to any such change. Orders will not be subject to cancellation by Buyer, either in whole or in part, without the written authorization of Aire Technologies, and then only under standard payment terms for all costs incurred by it, including, without limitation, preparation costs, costs of purchased materials, engineering costs, total factory costs of the items produced up to the date of acceptance of cancellation including direct labor and overhead.
  2. Cancellations requested by Buyer – Cancellations will not be considered without written request to and acceptance by Aire Technologies. Orders that are 72 hours or less from shipping date cannot be cancelled. All cancelled orders are subject to a 15% cancellation fee plus any direct and indirect costs, expenses, and overhead in connection with the order will be due and payable to Aire Technologies under standard payment terms in the event the requested cancellation is approved by Aire Technologies. Costs, expenses, and overhead will be determined on the basis of consistently sound cost accounting principles applied by Aire Technologies.

RETURNED GOODS

No goods or materials will be accepted by Aire Technologies without a Returned Goods Authorization (RGA) and shipping instructions. An RGA will be obtained from Aire Technologies in advance of return. Products or materials returned without proper authorization in clearly marked cartons showing the RGA number on them will be refused and returned freight collect. All inbound return freight charges must be prepaid by the buyer. Unique, made to order items will not be accepted for return. All returns must be in unused, clean, unmodified, and resaleable condition.

A 30% restocking fee will be assessed on all goods returned and accepted for credit to cover costs for receiving, handling, inspection, and restocking. Initial outbound transportation charges allowed, or prepaid by Aire Technologies (FFA) on the original shipment will also be deducted from the total credit issued. Request for Returned Goods Authorization (RGA) must be made in writing within sixty (60) days of the date of receipt of order and must be accompanied by the ‘M Number’ product code located on the product, or product shipping carton(s). Products will not be accepted beyond thirty (30) days of issuance of the RGA.

Any items marked non-refundable, and or non-returnable on the original quotation or order acknowledgement will not be accepted for return or credit.

CREDIT TERMS

Terms of credit are subject to approval by the DMI Accounting Department. Invoices on open account terms are due NET 30 days unless otherwise approved. Orders cannot be shipped C.O.D.

FREIGHT TERMS and ALLOWANCES

Freight is prepaid and added to orders unless otherwise indicated on the order and is subject to the following allowances: Orders with destinations in the Eastern and Central Time Zones with Net pricing totaling $2,400.00 or greater are freight allowed*. Orders in the Mountain and Pacific Time Zones with Net Pricing totaling $3,200.00 or greater are freight allowed*. Refer to the Quick Ship Program for additional freight options and qualifications.

  • Combination Fire/Smoke, Smoke, Corridor, Multi-section Dampers, Louvers, Penthouses, and Aluminum Gravity Ventilators are not included in our full freight allowance policy.
  • Special Service Charges: i.e. lift gate, job site delivery and notification, limited accessibility, hand unload, or hand dolly are not included. These additional fees will be billed accordingly.

LIMITATIONS of WARRANTIES and LIABILITY

Aire Technologies products are warrantied for a period of one (1) year from the date of delivery under normal use and service against defective materials or workmanship. Any implied warranties are also limited in duration to the one (1) year period. Any defect occurring more than one (1) year from date of delivery shall be deemed to be from the normal use, wear, and tear and not covered. This warranty is void if the product has been modified, damaged by unreasonable use, neglect, improper service, or other causes not arising out of defects in materials and workmanship. Any warranty and UL certification is similarly voided if the product is altered or modified in a way from its original manufactured condition or through failure to be installed or used in accordance with manufacturers installation instructions. Buyers rights under this limited warranty shall consist solely of requiring Aire Technologies to repair or replace at Aire Technologies discretion free of charge, F.O.B. factory and exclusive remedy of the buyer and the exclusive liability of Aire Technologies.

ENTIRE AGREEMENT

The entire contract is contained herein. The terms and conditions herein written shall supersede all previous communications, agreements, or contracts written, or verbal. Any agreement, term, condition, or trade custom in variance herewith shall be binding on Aire Technologies. No waiver or modification of the terms hereof shall be effective unless in writing and signed by both parties.