terms

Seller warrants that the merchandise is as described in this document, but no other express warranty is made in respect to the merchandise. If any model or sample was shown Buyer, such model or sample was used merely to illustrate the general type and quality of merchandise and not to represent that the merchandise would necessarily conform to the model or sample. The merchandise sold under this document is purchased by the Buyer without any implied warranties by Seller and Seller does not warrant that they are merchantable quality or that they can be used for any particular purpose. Any specific sizes needed to fit the space provided is the responsibility of the customer to provide and/or check before purchasing. These terms and conditions are intended by the parties as a complete and exclusive statement of the terms of their agreement. They supersede all prior agreements, written or oral. No course of prior dealings between the parties and not usage of the trade shall be relevant to supplement or explain any terms used in this document. No agent, employee or representative of Seller has any authority to bind Seller to any representation or warranty concerning the merchandise sold under this agreement and unless a representation or warranty made by an agent, employee or representative of seller is specifically included within this written document, it is no part of the basis of this sale and shall not be enforceable against Seller. Buyer represents that no representations other than those contained in this document have been made or relied upon. This document can be modified or rescinded only in writing signed by both parties and their authorized agents. Any legal action brought by Buyer pertaining to this document shall be commenced within 10 days after the cause of action has been accrued. This transaction is subject to and Seller shall not be responsible or liable for delay and/or nondelivered directly or indirectly resulting from and/or contributed to by any foreign or domestic embargoes, seizures, acts of God, insurrections, war or the adoption or enactment of any law, ordinance, regulation, ruling or order directly or indirectly interfering with or renderings more burdensome the production or delivery hereunder, also lack of the usual means of transportation, fires, water damage, floods, explosions, strike, or other accidents, events or contingencies beyond Seller’s control, either of the foregoing nature or of any other kind, nature or description. Seller shall not be liable to Buyer for any loss of or injury to earnings, profits, or goodwill suffered by any person, including Buyer or Buyer’s clients, caused directly or indirectly by the furnishing of services or the merchandise pursuant to this document, or any interruption in the service or loss of use thereof, or for any incidental or consequential damages even if Seller has been advised of the possibility of such damages. Seller cannot be responsible for factory back-orders or shipment delays. Delivery schedules are based upon our best estimates from information provided by the suppliers and cannot be construed as guarantees. In the event legal action must be taken, Buyer is liable for all costs and reasonable attorneys’ fees incurred by Seller. Returns & Refunds: Appliances, Special Order Appliances, and part refunds (if allowed at all) are always subject to at 25 percent not-refundable fee to help defray expenses of the sale, in addition to deliver and/or installation charges. Electrical parts are never refundable for any reason. Warranty & Service: New Units – Warranty and Service are provided by the manufacturer in all cases per manufactures policy. Used/refurbished as-is appliances that are delivered and installed by Martin Appliance have a 30-day in-house warranty (dispensers/ice makers do not apply and are not included). If within these 30 days the unit has a functional issue not created by user misuses, Martin Appliance has the choice to repair, replace, or return the unit.