Terms & Conditions
IMPORTANT - PLEASE READ
Terms and Conditions of Sale
1. Governing Terms. These Terms and Conditions of Sale (“Terms”) govern the sale by American Cooling Solutions, Inc, of all engine cooling products and other products (collectively, the “products”). These Terms constitute the entire agreement between American Cooling Solutions and the purchaser. No other statement or act by the parties will supersede, cancel or modify these Terms. If any provision of these Terms is found to be unenforceable, such provision will be enforced to the extent possible and the remaining provisions will remain in full force and effect.
2. Product Use. Improper installation or use of the product may be dangerous and may result in personal injury, death or property damage, even when used with proper safety precautions. Use the product at your own risk. To the maximum extent permitted by law, American Cooling Solutions assumes no liability or responsibility for any personal injury, death or property damage, of any nature whatsoever, resulting from use of the product.
3. Limited Warranty. American Cooling Solutions warrants to the original purchaser that, for a period of one year from the date of purchase, the product will be free from defects in material and workmanship under proper use and conditions. This warranty does not apply to any defect caused by accident, misuse, neglect, alteration, road hazard, or use or maintenance contrary to any specifications or instructions. This warranty applies only to the original purchaser of the product and is not transferable to any subsequent purchaser or user of the product. If the product fails to conform to this warranty during the warranty period, American Cooling Solutions, at its option, will either repair or replace the product at no charge, using new or refurbished replacement parts in its discretion. American Cooling Solutions is not responsible for any expense associated with installation or removal of the product. To the maximum extent permitted by law, this warranty constitutes American Cooling Solutions’ sole liability and obligation, and purchaser’s sole remedy, for any breach of warranty or other nonconformity of a product. This warranty is exclusive and in lieu of all other warranties. American Cooling Solutions makes no other warranty, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose or non-infringement.
4. Limitation of Liability. To the maximum extent permitted by law, in no event will American Cooling Solutions or its affiliates, shareholders, directors, employees or suppliers be liable to the purchaser or any third party for any consequential, incidental, indirect, exemplary, punitive or special damages, whether in an action based on contract, tort or other legal theory, arising from or related to the transactions contemplated hereunder, even if the likelihood of such damages was known or should have been known. Without limiting the generality of the foregoing, and to the maximum extent permitted by law, in no event will the total liability of American Cooling Solutions and its affiliates, shareholders, directors, employees and suppliers arising from or related to the product, including any warranty claims and whether based on contract, tort or other legal theory, exceed the total amount the purchaser paid for the product giving rise to the claim. The existence of multiple claims will not enlarge this limit.
5. Acknowledgment. Buyer acknowledges that American Cooling Solutions has set its prices, and has agreed to sell the products, in reliance on the limitations of liability, disclaimer of warranties and exclusive remedies set forth in these Terms, and that such provisions form an essential basis of the bargain between the parties, without which American Cooling Solutions would not have agreed to sell the products.
6. Assignment. The purchaser may not transfer or assign any of the purchaser’s rights under these Terms. American Cooling Solutions may assign its rights and/or delegate its obligations under these Terms. Subject to the foregoing, these Terms will bind each party and its respective successors and permitted assigns.
7. Governing Law; Venue. The laws of South Dakota will govern the validity, performance and construction of these Terms and any disputes arising from or relating to these Terms or the products. All disputes will be subject to the exclusive jurisdiction of the state or federal courts in Lincoln County, South Dakota, and the purchaser consents to the personal jurisdiction and venue of these courts.
8. International Shipping.International shipping may be delayed due to Customs. The purchaser is responsible for all Tariffs, Duties, Taxes and Fees associated with the purchase or shipping if the product.