ATS TERMS AND CONDITIONS OF SALE
1. Prices, Taxes and Delivery: Prices do not include transportation, insurance, taxes, imposts, or other similar charges. The amount of all Federal, State or local taxes applicable to the sale, possession, use or transportation of the articles sold, or the work performed, and all duties, imposts, tariffs or other similar levies, shall be added to the prices and paid by the Customer, except where the Customer furnishes an appropriate certificate of exemption. Customer shall indemnify and hold ATS harmless from the payment or imposition of any tax or levy imposed on any articles sold, plus penalties, interest or reasonable attorney’s fees connected with the imposition of any such tax or levy.
2. Exchanges and Returns: No refund will be given for goods returned unless the product is unfit for the purpose Customer made known to our staff at or before the time of purchase, is defective, or as otherwise allowed under the Law. Goods will only be considered for credit if they are returned in good condition, have not been fitted or installed, are in the original undamaged packaging (where applicable), and the original invoice number and date of supply are quoted. Depending on manufacturer, and internal policy, a restocking fee may apply to returned goods. Other than goods supplied by ATS in error, returns will not be considered after 30 days of invoice date.
3. Warranty: No warranty is given with respect to any unit or part which is not manufactured by ATS; we will pass through to the Customer the warranty of the manufacturer for the respective equipment, component, accessory, material or part. Written notice of a defective or nonconforming condition must be given to ATS within thirty (30) days of discovering it and the defective or nonconforming article must be returned to us promptly after discovery of such defect, shipping prepaid. Upon examination by us the article must be shown to have been defective or nonconforming due to a breach of this warranty. The warranty period on such repaired or replaced article shall be the unexpired term of the original manufacturer’s warranty. This warranty is exclusive and in lieu of all other warranties including warranties of merchantability and fitness for a particular purpose. ATS will not be responsible for incidental, resultant or consequential damages. This warranty is applicable only if, following redelivery, the Equipment (a) has not been altered, modified or repaired by anyone other than ATS; and (b) has not been subjected to accident, misuse, abuse or neglect.
4. Indemnity: Customer shall indemnify, defend, save, and hold harmless ATS, its directors, officers, servants, and employees from and against any and all responsibilities, liabilities, claims, demands, suits, judgments, losses, damages, costs, and expenses for any loss of, damage to, or destruction of any property or any injury to or death of any person arising from Customer’s use, operation, repair, maintenance, or disposition of the Equipment, provided, however, Customer shall not be required to indemnify ATS for claims or liabilities arising from ATS’s gross negligence or misconduct or breach of its obligations arising under this Agreement.
5. Payment: All balances shall be payable net thirty (30) days of invoice date. ATS’s standard form of payment is ACH debit. The ACH Payment Authorization can be found below. We will impose an administrative fee of $100 if we process payment of the invoice and it is returned for any reason. We reserve the right to stop any and all work and/or shipments until any outstanding balance is brought to zero ($0). All amounts payable by Customer to ATS, which are not paid within thirty (30) calendar days after the date of the invoice shall be subject to a late charge in the amount of ten percent (10%), which the Customer agrees represents a reasonable estimate of the damages ATS would suffer as a result of such late payment. Failure or refusal to pay our invoices on a timely basis will constitute grounds for our immediate cessation of shipments and services. All amounts received by ATS from Customer shall be applied first to any accrued but unpaid interest, next to any unpaid late fees, and the balance to reduce the balance on outstanding invoices in the order in which they have been issued, beginning with the oldest invoice. All sums past due shall bear interest at the maximum rate permitted by law.
6. Delays: Customer will excuse ATS from, and we will not be liable for, any delay in our performance due to causes beyond our reasonable control and, in the event of such delay the date of delivery shall be extended for a period of time as may be reasonably necessary to compensate for any such delay.
7. Limitation of Liability: OUR TOTAL LIABILITY ON ANY AND ALL CLAIMS, OF ANY NATURE (INCLUDING NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), ARISING FROM, CONNECTED WITH, OR RESULTING FROM PERFORMANCE OR BREACH OF THIS AGREEMENT SHALL NOT EXCEED OUR INVOICE FOR THE ITEM OR WORK GIVING RISE TO SUCH CLAIM. Any such liability is conditioned on CUSTOMER providing ATS with a written notice of the claim within 60 days from date of occurrence.