WHO IS THIS AGREEMENT WITH?
These terms and conditions are an agreement between you and us, Azcue Pumps USA Inc., and our controlled assignees and agents.
HOW DO I ACCEPT THESE TERMS AND CONDITIONS?
You accept these terms and conditions by doing any of the following things:
• Issuing us a purchase order for any products we sell;
• Verbal, written, or electronic acceptance of a tender proposal with the express intent to purchase the items contained in the said tender proposal; or
• Receipt of a product or service provided through Azcue Pumps USA.
If you do not want to accept these terms and conditions, do not do any of these things.
When you accept, you are telling us that you are legally able to accept and that you can enter a contract. If you accept these terms and conditions on behalf of an organization, you are telling us that you are authorized to bind that organization, and references to “you” in these terms and conditions means the organization.
ARE THERE ANY OTHER TERMS THAT APPLY TO ME?
Yes. Your “Agreement” includes these terms and conditions, any additional terms found on your tender proposal, service agreement, non-disclosure agreement, and other specified terms in which you have been notified.
HOW DO I RESOLVE A DISPUTE WITH AZCUE PUMPS USA INC.?
By accepting these terms and conditions, you agree to resolve any dispute with us in the State of Florida, Broward County, United States of America. You agree to indemnity, defend or hold Azcue Pumps USA Inc. harmless against all claims, suits, causes of action, losses, damages, liabilities, and expenses, including, without limitation, arbitration costs, court costs, and attorney’s fees. Arising on account of or in connection with the injuries or death of any person, or damages to property including loss of use, from or in any manner connected with the products sold, units, services under this agreement but only to the extend caused in whole or in part by negligent acts or omission of the contractor, its employees, agents, representatives, subcontractors, supplies, servants or anyone who acts they may be liable.
CONDITIONS OF TENDER PROPOSAL
All quotations and tender proposals are issued per the request received and any price, fulfillment time, or condition of sale is not binding until an order is placed.
• All fulfillment times quoted are estimates and are provided based on factory availability, and product availability known at the time of the tender proposal.
• Unless specified, anything not listed on a tender proposal is not included. All tender proposals do not include any applicable tax, duties, or required fees. These additional charges will be added to your invoice appropriately.
• All tender proposals are issued with the understanding that Azcue Pumps S.A. products are dispatched from the factory in Spain, ARO, Ex-Works from the date of readiness.
• Unless specified, all tender proposals will expire on the expiration date listed on the tender proposal.
CONDITIONS OF SALE
We will respond to any request for quote or pricing that is sent to us in good faith and reserve the right to deny any request for a quote that is believed to be frivolous, missing required information, or outside of our territory of operation. Acceptance of a tender proposal must be done via valid purchase order or written confirmation. All quoted prices are subject to change with proper notice. Verbal acceptance of orders will not be accepted.
All products supplied by Azcue Pumps are produced in Spain. Azcue Pumps declares that in compliance with the provisions of the International Maritime Organization SOLAS convention Chapter II – I Regulation 3-5, the above-mentioned company does not and will not manufacture, assemble or distribute any product containing asbestos in any nature or form.
AVAILABILITY, AND FULFILLMENT TIMEFRAMES
All products are subject to availability even when quoted and are subject to change. All fulfillment times are estimated based on the factory production schedule. We will make every attempt to meet the requested fulfillment timeframe requested. We are not responsible for any delay in fulfillment or delivery caused by labor troubles, failure of supplies from ordinary sources, fire, floods, storms, accidents, mistakes, strikes, holidays, national state of emergencies, acts of terrorism, or any act of God. We do not recognize any fulfillment timeframe listed on your official purchase order that contradicts fulfillment timeframes quoted to you on our tender proposal.
Our responsibility ends upon the release of the product to you or your designated carrier. You shall examine all shipments and products at the time of release or delivery and make a proper notation of any shortage or damage. Such notice of shortage or damage must be sent to us immediately.
FAILURE TO PICK UP PRODUCTS, GOODS
Any order that is ready for pick up at the factory in Spain (EX-WORKS) may be subject to a storage fee of 1.5% of the total order value or $50.00 per day whichever is greater for any order that is not picked up within ten working days from the date of notification of readiness. The readiness of an order will be communicated via email only and will be sent to the email on file as provided by you.
EXAMINATION OF PRODUCT, GOODS RECEIVED
All products, goods received must be examined immediately upon release, receipt, or delivery. Any shortage, damage, or loss must be reported to us in writing within 48 hours of receipt.
All Azcue Pumps products have a 12-month warranty from receipt. This warranty includes exchange or parts or product, replacement of any defective part or assembly due to the manufactures error or failure. To investigate any warranty claim, we require the following:
• Pump Type and Serial Number
• Date of Purchase
• A comprehensive description of issue or claim
• Photos or video of installation, operation, or product as they relate to the warranty claim
All warranty claims will be subject to review and validation in accordance with Azcue Pumps S.A.’s quality assurance and warranty claim guidelines.
MANUFACTURER CHANGE IN DESIGN
We are not responsible for any changes in/or modifications of the design or construction by the manufacturer. The manufacturer reserves the right to change or modify the design and construction of any product of their manufacture and is not responsible for the data contained in their catalog, which may have become obsolete by improvements.
All payment terms are listed on our Tender Proposal and invoice. We do not extend net terms to new customers. All tender proposal quotes do not include applicable tax. State of Florida tax will be added to any orders originating from the state of Florida unless a tax-exempt status is submitted to us before invoicing. Pre-payment may be required for anyone who is not offered net terms. If pre-payment is required, no order will be confirmed until full payment is received. If net terms are extended, an invoice will be dispatched upon notification of readiness for orders that are being picked up or if delivery is being facilitated by us, upon receipt of all products. Any applicable freight charges will be added to the invoice and if pre-payment is required, they must be paid before shipping with commence.
FAILIURE TO PAY
Payments not received according to the payment terms may be subject to a 1.5% fee. Also, payments not received within any specified net credit terms may result in the suspension of said terms and can result in the requirement of pre-payment for future orders. We reserve the right to suspend, hold, or cancel any order that is not paid according to the payment terms.
Once an order is placed, changes are subject to availability and may not be accommodated. For spare parts, changes in an order may be requested up until shipping or receipt and are not guaranteed. For pump orders, changes can be requested up until shipping or receipt and are not guaranteed, and if a change can be made, are subject to additional change fees and costs.
Orders that have been placed cannot be canceled. This includes all spare parts, pumps, and certificates.