Berner DTU03-1018AA

Terms of Sale:

• Credit Card (Visa, Mastercard, American Express, Discover)

• ACH Payments accepted

Price Policy:

• All prices are subject to change without notice.

Sales Taxes:

• Sales Taxes: Unless specifically stated, we include no taxes of any kind in the sale price. Any taxes, if applicable and imposed by any present or future local, state or federal agency for any reason, must be paid by the Buyer. These taxes will be added to the invoice if necessary.

Conditions of Sale:

• Claims: The responsibility of the company ceases upon delivery of material in good order to the carrier. As all goods are shipped at buyer’s risk, any claims for damage or 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 for damages and/or losses while in transit.) Claims against factory shortages will not be considered unless made within 60 days after receipt of the goods.
• Acceptance or Approval: Should the equipment on this proposal be purchased subject to acceptance or approval of another (such as Architect, Engineer. Owner, etc.), WeSellFans.com (R. Williamson & Associates, llc) 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.
• Limitation of Remedy: WeSellFans.com (R. Williamson & Associates, llc) shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper installation, improper service, maintenance or operation. WeSellFans.com (R. Williamson & Associates, llc), llc liability (whether under theories of warranty, negligence, strict liability or contract) is limited solely to repair or replacement of the equipment or its parts by WeSellFans.com (R. Williamson & Associates, llc) or its duly authorized representative, or at WeSellFans.com (R. Williamson & Associates, llc) option and in its sole discretion, refund of the purchase price, and the foregoing shall be the sole and exclusive remedy against WeSellFans.com (R. Williamson & Associates, llc) In no event shall WeSellFans.com (R. Williamson & Associates, llc) liability with respect to the goods or their non-delivery exceed the purchase price paid by Buyer to WeSellFans.com (R. Williamson & Associates, llc). Buyer shall have no right to consequential or incidental damages or to any remedy not hereinbefore described. Any claim by Buyer against WeSellFans.com (R. Williamson & Associates, llc) with respect to the goods is deemed waived by Buyer unless submitted to WeSellFans.com (R. Williamson & Associates, llc) in writing within ten (10) days of the date Buyer discovered or by reasonable inspection should have discovered, the basis for such claim.
• Claims Resolution: All claims and disputes between Buyer and WeSellFans.com (R. Williamson & Associates, llc) arising out of or relating to performance of any agreement or breach thereof involving this project shall be decided by binding arbitration in accordance with the construction Industry Arbitration rules of the American Arbitration Association (AAA) then existing. 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. The procedural and substantive law of the State of Illinois shall apply in and to all such arbitration proceedings and Skokie, Illinois shall be designated as the locale for any such proceedings. Both parties will have the right to conduct discovery in accordance with the Federal Rules of Civil Procedure and within reasonable time limitations to be imposed by the AAA or the arbitrators. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Federal Arbitration Act.
• Delays: Seller shall not be liable for failures or delays in making delivery hereunder 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 (whether or not declared and whether or not the United States is involved), 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 of a similar or different nature 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.
• Penalties: No penalty clause of any kind will be effective unless approved in writing by an officer of WeSellFans.com (R. Williamson & Associates, llc).

Order Cancellation:

• Should the order be canceled through no fault of WeSellFans.com (R. Williamson & Associates, llc), the Buyer is liable for reimbursement for any and all expenses incurred in connection with this transaction; and in accordance with law for any other losses incurred by Seller.
• 100% cancellation fee for Berner manufactured parts for all custom orders
• 50% fee for non-stock replacement parts.
• 30% fee of total order (minimum of $125) if the work is in progress or if the order has been completed.
• $150 charge when order has been entered and all paper-work is in progress, but production has not been started.
• No charge when order has not been entered.