Purchase Terms: All product orders and service orders are prepaid, payable in US Dollars upon placement of order. Service: All service orders are subject to approval by Horizon and will be billed as time and materials used at current labor and material rates. Quotations, bids and estimates are available upon request. All quotes and bids must be signed by an authorized customer representative and returned to Horizon before work will be scheduled and before work can begin. Special Orders: Special order items are defined as items not typically stocked by Horizon Commercial Pools (Horizon). Special orders are not returnable and all sales are considered to be final. Prepayment terms may apply to special orders. Special orders may incur additional shipping charges. Fees and Pricing: Credit card payments on invoices over $3,000 will incur a 3.0% fee. Credit terms may be established at Horizon’s discretion and as agreed upon with Horizon’s credit application. Accounts are considered delinquent over 5 days from the invoice date and will be subject to finance charges of 1.5% per month (18% per annum), with a minimum late fee of $10.00. Service orders exceeding $2,000 will be subject to a 50% payment upon ordering or acceptance of a quote or bid, and the remaining balance will carry the terms of Net 10 Days from date of invoice. Horizon will be entitled to recover collection costs and expenses incurred. All sales will be charged applicable sales tax unless accounts have on file an up to date tax exempt certificate. Returned checks due to insufficient funds will result in a $35.00 returned check fee charged to the issuer. All prices are FOB shipping point (Incoterms). All prices, terms, specifications and policies are subject to change with or without notice. Horizon reserves the right to make reasonable pricing adjustments at any time. Horizon reserves the right to invoice at prices in effect at the time of shipment and to correct typographical errors, and to refuse sale to anyone for any reason unless otherwise restricted by law. Returns: All returns are subject to inspection by Horizon and are returnable only at Horizon’s discretion. Date of original purchase, invoice number, and reason for return must be included with all returns along with a Horizon assigned Return Merchandise Authorization (RMA) number. No returns are accepted on special order items, chemicals, or electronic parts. All returns must be made within 60 days of purchase. Products returned for credit must be in new salable condition, in original packaging, must be sent freight prepaid, and are subject to a 30% restocking fee. Freight charges will not be credited. Individual products and services may have additional warranty terms. Horizon is not be responsible for goods damaged or lost in transit. All claims for merchandise damaged in shipment or shortages must be made with the carrier. Warranty Terms: Horizon provides no warranties, express or implied, other than any warranty (if any) provided by the original manufacturer of the products sold. There is no warranty expressed or implied on any service work, labor or materials that Horizon performs. Warranties are limited to those stated above and provided by manufacturer. Horizon shall have no liability for any injury, loss or damage, direct or consequential, arising from the use of or the inability to use the products or services provided. It is customer’s responsibility to determine the suitability of the products or services for the intended use and assumes all risk and liability in connection with the products and services provided. Alteration of or to any items warranted by the manufacturer of those items without the permission of Horizon or the manufacturer shall void any and all warranties. In the event that Horizon agrees to submit a warranty claim to the manufacturer of a product, customer shall pay all freight and the cost of replacement. Only upon Horizon’s receipt of a credit from the manufacturer, will we issue a credit to customer’s account for the warranted product. Repairs or labor incurred on warranty items is not included in any manufacturer’s warranty unless otherwise specified. All labor, regardless of manufacturer’s warranty status or terms, will be billed at Horizon’s standard labor rates. Any credit or labor reimbursement Horizon receives from a manufacturer will be credited to customer account in the amount of the credit or reimbursement received from the manufacturer. In most cases, manufacturer’s reimbursement will not cover all labor charges. Warranty processing is provided as an added value service and Horizon reserves the right to refuse the processing of any manufacturer’s warranty. Product Liability: Customer acknowledges that products or services can cause property damage or personal injury if not properly sized, handled, installed, maintained, and/or used, and that Customer will instruct their employees and customers (if applicable), in the proper sizing, handling, installation, maintenance, and use of the goods and services. Customer acknowledges its responsibility to supply the subsequent purchasers all instructions and warnings supplied with the goods and services. Customer agrees to indemnify, defend, and hold harmless Horizon Chemical LLC dba Horizon Commercial Pools from any and all losses, claims for damages, personal injury or death, including reasonable attorney’s fees and court costs incurred as a result of (i) any breach by customer of its obligations under these Terms & Conditions and each order for products or services, (ii) the possession, use, condition, operation, selection or performance of any equipment while being operated by customer, any of customer’s employees or subcontractors, and (iii) against any claim made by any third party which arises from or is in any way connected with the sizing, handling, installation, maintenance and/or use of the goods or services or the performance by customer of its obligations hereunder. The obligations of Customer under this section shall survive any termination of these Terms & Conditions. Except for liabilities which cannot be excluded or limited by applicable law, in no event shall Horizon be liable for any indirect, special, consequential, incidental, exemplary, punitive, or enhanced damages, lost profits, lost revenues, or diminution in value, regardless of whether such damages were foreseeable, and in no event shall Horizon’s liabilty exceed the amounts paid for the goods or services giving rise to such claim for damages. Customer is responsible for compliance with all applicable laws, rules, regulations and administrative requirements with respect to its use of all products and services. Illustrations and Specifications: Illustrations in this catalog are intended for general description. The specification of the products shall be the manufacturer’s then current specifications for such products. Information provided in sales catalogues, price lists and any other informative literature provided by the manufacturer or any other descriptions of the products (such as shelf-life data) shall under no circumstances constitute a guarantee for any specific quality of the products. Any advice rendered by Horizon is given to the best of its knowledge. Any advice and information with respect to suitability and application of the products and services shall not relieve customer from undertaking his own investigations and tests. Customer shall not perform and may not authorize a third party to perform any act that may endanger the trademarks or other intellectual property rights used by Horizon in relation to the products and services. Horizon and/or the manufacturer shall retain title to all of their respective intellectual property provided and/or made available in connection hereunder, and customer shall have no rights thereto. Miscellaneous: These Terms & Conditions may be amended, and any provision hereof waived, only in writing signed by both parties. References made by customer to its purchase order(s) and/or terms and conditions that contradict the terms of these Terms & Conditions are hereby rejected. Supplier must be notified of any claims, in writing, within ninety (90) days of discovery of the basis of such claims, otherwise said claim is waived. These Terms & Conditions embodies the entire agreement of the parties hereto with respect to the sale of the products and services pursuant to mutually agreed-upon orders and supersedes all prior agreements with respect thereto. These Terms & Conditions are made subject to and shall be construed under the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof. The parties agree the state and federal courts situated in Minneapolis, Minnesota, shall have exclusive jurisdiction to resolve any disputes. The prevailing party in any dispute hereunder shall be entitled to recover its attorneys’ fees and expense. These Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Each party acknowledges that these Terms & Conditions and all proprietary information disclosed or discovered in the performance hereunder, including product formulas are confidential and may be disclosed only to each party’s employees, accountants, attorneys and lenders having a need to know and who have agreed to treat it as confidential. The parties hereto shall remain independent contractors. Nothing contained herein shall be construed to create a joint venture, partnership or agent or make any party jointly liable for the obligations and liabilities of another party. The failure of any party to insist upon the performance hereunder, or the waiver of any breach of any of these Terms & Conditions, shall not be construed as thereafter waiving any such terms and conditions, all of which shall continue and remain in full force and effect. Horizon shall not be in breach of these Terms & Conditions nor liable to customer for any delayed delivery caused directly or indirectly by customer or for reasons outside Horizon’s reasonable control. INITIALS DATE www.HorizonCommercialPools.com Horizon Commercial Pools -MPLS/ST. PAUL 4444 Round Lake Road West Arden Hills, MN 55112 Office: (651) 917-3075 Horizon Commercial Pools - MILWAUKEE 12900 West Silver Springs Drive Butler, WI 53007 Office: (262) 783-6040 Horizon Commercial Pools - GREEN BAY 2009 Enterprise Dr De Pere, WI 54115 Office: (920) 687-8351 Terms and Conditions Horizon Commercial Pools -CLEVELAND 10331 Brecksville Rd. Brecksville, OH 44141 Office: (440) 832-7700
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