Terms & Conditions

Except as represented in this agreement, all work product by Interep is provided “AS IS”. Other than as provided in this agreement, Interep makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.

1.1. The following terms and conditions are an integral part of the offer as made on the accompanying quotation. Acceptable deviations must be agreed by Interep in writing.

Approval of Credit
2.1. Shipments and deliveries are subject to credit approval by Interep. Terms of payment shall be effective from the date of invoice and/or as detailed on the face of this quotation. Prices quoted are in U.S. currency unless stated otherwise.

Payment terms/Interest on late payment
3.1. Unless otherwise agreed in writing, payment terms are NET 30 days. Invoices issued to cover “Prepaid Freight” are due and payable on terms of NET 7 days.
3.2. Interep shall impose a finance charge of 1.5% per month on all unpaid balances beyond agreed terms.
3.3. Interep reserves the right to suspend or cancel further orders and/or delivers and impose a materials-man lien in case an invoice remains unpaid after the due date.
3.4. In the event Customer fails to pay INTEREP’s invoices and INTEREP refers the matter to an attorney or collections agency, Customer agrees to pay, in addition to all amounts due, any and all costs and expenses incurred by INTEREP in exercising its rights or remedies under this Agreement or in collecting and setting off money due under this Agreement or INTEREP’s invoices, including but not limited to reasonable attorney’s fees, court costs, and collection agency fees.

Point of Sale
4.1. Unless otherwise specified on the face of this quotation, all goods are delivered EX-Works Interep’s associated manufacturing facility, freight charges collect. Transfer if title is in accordance with International Chamber of Commerce Terms.

Limitation of Liability
5.1 Damage claims must be filed within 7 days of receipt of goods at site. Interep will have no liability for damages, shortage, or loss caused by the acts of omissions of the carrier or by other causes beyond Interep’s reasonable control. Any goods damages/defective will be held by the customer for disposal instructions from Interep. Interep’s maximum liability for damage, shortage, or loss shall be to repair or replace goods, or to allow credit in respect to the goods at Interep’s sole option. Such liabilities shall be limited to value of the goods supplied by Interep.

Warranty Disclaimer of Warranty
6.1. The following warranty is given to the exclusion of any other warranty or condition either expressed or implied.
6.2. All goods supplied by Interep are warranted for one year after system start up under the conditions for which the goods were designed, or eighteen (18) months after shipment whichever comes first. The warranty covers defects in design, workmanship, or material, when subjected to the specified conditions of use. Interep at its sole option will either repair or replace any defective components. The effects of corrosion, erosion, aging, normal wear, or negligence, incidental or consequential damages are specifically excluded from the warranty. All goods must be installed in accordance with installation instructions tagged to each part and/or as submitted to as part of documentation requirements. Failure to comply with installation instructions will nullify warranty.
6.3. All warranty claims must be made in writing. Claims made by phone must be confirmed in writing within 10 days.
6.4. All removal, re-installation and freight costs to and from Interep’s associated manufacturing facility are excluded from warranty coverage.
6.5. The warranty on products repaired shall not be extended beyond the original warranty period.

Customer Responsibilities
7.1. Unless specifically stated in writing to the contrary, design responsibility for all systems, including the piping, ducting, secondary & primary containment systems in which the goods will be installed rests with the customer.
7.2. Warranty claims, or alleged non-performance by Interep shall not affect the customer’s duty to pay Interep in accordance with the terms of this agreement. Any additional costs to Interep of completing performance reasonably related to customer’s failure to fulfill its obligations could cause an additional charge.

Taxes
8.1. Sales, use, consumption taxes and duties on all products sold are the sole responsibility of the customer.

Specification
9.1. If equipment furnished on this proposal is a standard product supplied by Interep, the specifications are subject to change at Interep’s option.

Cancellation and/or change of orders
10.1. If an order is cancelled, Interep reserves the right to charge for all costs incurred in the cancellation including, without limitation, charges applicable to return of good, overhead and profit.
10.2. Changes and corresponding cost impact must be agreed in writing prior to execution.
10.3. Standard cancellation charges are as follows, unless official quote shows otherwise:

• After order placement prior to drawing submittal: 7%
• After drawing submittal: 30%
• After release to production: 30% plus material, overhead and labor to date.

Delivery
11.1. Interep and its associated manufacturers shall use commercial reasonable efforts to meet any schedule or date shown on the face of this quotation. However, Interep and its associated manufacturers will not be liable for any delay or failure in the estimated delivery or shipment or for any damages that may result to customer from such delay.

Governing Law; Jurisdiction; Venue
12.1. Disputes arising in connection with this agreement or its performance shall be governed by the substantive laws of contract for the International Sale of Goods (CISG).
12.2. Jurisdiction and venue for all shall be in the appropriate court for Jefferson County, Colorado USA.

Purchase Price
13.1. The purchase price (the “Purchase Price”) is stated in the Purchase Order and will be based on U.S. Dollars. The Purchase Price shall not include shipping charges and local or state sales and/or use taxes, if any. The burden of payment and the collection of applicable state sales and/or use taxes, if any, is on the Purchaser.

Severability
14.1. In case of partial or total invalidity of any of the foregoing clauses, all other terms remain in effect.