Warranty, Returns, and Terms of Sale
The following terms and conditions govern all transactions on wesellaircurtains.com, a website operated by RWA Ventilation Solutions.
Berner Air Curtains Terms & Conditions
1. Warranty & Limitation of Remedy
RWA Ventilation Solutions (wesellaircurtains.com) shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper installation, improper service, maintenance, or operation.
Sole and Exclusive Remedy
The liability of RWA Ventilation Solutions (whether under theories of warranty, negligence, strict liability, or contract) is limited solely to one of the following, at its sole discretion:
- Repair or replacement of the equipment or its parts by RWA Ventilation Solutions or its duly authorized representative.
- Refund of the purchase price.
The foregoing shall be the sole and exclusive remedy against RWA Ventilation Solutions.
Limitation of Liability
- In no event shall RWA Ventilation Solutions’ liability with respect to the goods or their non-delivery exceed the purchase price paid by Buyer.
- Buyer shall have no right to **consequential or incidental damages** or to any remedy not described herein.
- Any claim by Buyer against RWA Ventilation Solutions with respect to the goods is deemed waived by Buyer unless submitted to RWA Ventilation Solutions in writing within **ten (10) days** of the date Buyer discovered, or by reasonable inspection should have discovered, the basis for such claim.
2. Conditions of Sale and Shipping
Shipping Claims
- The responsibility of the company ceases upon delivery of material in good order to the carrier.
- All goods are shipped at the **Buyer’s risk**.
- Any claims for damage, shortage, or loss in transit must be filed by the Buyer against the transportation company. (We will assist the Buyer in any reasonable way possible in the filing and collection for any claim.)
- Claims against factory shortages will not be considered unless made within **60 days** after receipt of the goods.
Acceptance or Approval
Should the equipment be purchased subject to acceptance or approval of another (such as Architect, Engineer, Owner, etc.), RWA Ventilation Solutions shall not be liable in any way should acceptance or approval not be granted. We cannot guarantee to meet or equal specifications written on behalf of another equipment manufacturer.
3. Order Cancellation
Should the order be canceled through **no fault of RWA Ventilation Solutions**, the Buyer is liable for reimbursement for any and all expenses incurred in connection with this transaction and for any other losses incurred by the Seller in accordance with law.
| Cancellation Status / Item Type | Cancellation Fee |
|---|---|
| Berner manufactured parts for all custom orders | 100% cancellation fee |
| Non-stock replacement parts | 50% fee |
| Work is in progress or order has been completed | 30% fee of total order (minimum of $125) |
| Order has been entered, paperwork in progress (production not started) | $150 charge |
| Order has not been entered | No charge |
Penalties: No penalty clause of any kind will be effective unless approved in writing by an officer of RWA Ventilation Solutions.
4. Terms of Sale (Pricing, Payment, Delays, and Credit)
Payment Methods
Credit Card (Visa, Mastercard, American Express, Discover) and ACH Payments accepted.
Price Policy
All prices are subject to change without notice.
Sales Taxes
Unless specifically stated, we include no taxes of any kind in the sale price. Any applicable taxes, if imposed by any local, state, or federal agency for any reason, must be paid by the Buyer and will be added to the invoice if necessary.
Delays
Seller shall not be liable for failures or delays in making delivery when such failure or delay results from an act of God or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lock-outs, labor troubles, riots, sabotage, embargo, wars, federal, state or municipal law, ordinance, rule, regulation, order license, priority, seizure requisition or allocation or other restrictions, failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstances beyond the reasonable control of the Seller.
Credit
If Buyer’s credit, at the sole judgment of the Seller, is impaired at any time, Seller shall have the right to defer shipment or cancel the order.
5. Claims Resolution
All claims and disputes between Buyer and RWA Ventilation Solutions arising out of or relating to performance of any agreement or breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association (AAA) then existing.
- Notice: Notice of Demand for Arbitration shall be filed in writing by either party to this agreement with the other and with the regional office of the AAA in Chicago, Illinois.
- Governing Law: The procedural and substantive law of the **State of Illinois** shall apply.
- Locale: Skokie, Illinois shall be designated as the locale for any such proceedings.
- Discovery: Both parties will have the right to conduct discovery in accordance with the Federal Rules of Civil Procedure and within reasonable time limitations.
- Award: Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Federal Arbitration Act.