Terms & Conditions of Sale

Effective January 1, 2024 

Arrco is referred to as the seller. Arrco’s customer is referred to as as the buyer from this point forward. In the context of a business transaction, Arrco is identified as the entity providing goods or services, commonly known as the seller. On the other hand, the party receiving these goods or services is designated as the buyer. From this point forward, any mention of “seller” refers to Arrco, while any mention of “buyer” refers to the customer of Arrco.

1. Pricing: Product and service prices set by the Seller are subject to change without prior notice. This allows the Seller to adjust to shifting market conditions, supply and demand variations, and unforeseen circumstances. Customers should inquire about current pricing before placing an order. Upon receiving the order acknowledgment, buyers should review it to ensure accurate order entry. Shipping fees might not be included in the acknowledgment and can be provided separately upon request. All shipping costs must be paid as per individual customer agreements or as stated on the final invoice.
2. TERMS OF PAYMENT: Unless otherwise stated by the Seller, the Buyer shall be responsible for settling all invoiced amounts owed to the Seller. Specifically, all funds must be received by the Seller within thirty (30) days from the date of the invoice or shipment date. Payments must be made in U.S. currency using an accepted payment method approved by Seller.
3. LIMITED WARRANTY: Seller warrants, to its direct buyers and to no others unless otherwise written consent by Seller. The most recent warranty statement is located under the support tab on www.arrcoair.com. In addition to the warranty statement all products must be installed or performed by trained and licensed personnel using proper equipment and instrumentation as well as all safety measures taken.
   
   1. Recurring drop shipments require special approvals from the seller for the warranty to be honored. This is to ensure that the warranty terms and conditions are met due to factors such as product characteristics, shipment frequency, or customer location. This requirement protects the seller’s interests and ensures the warranty’s validity only for authorized transactions.
4. LIMITATION OF REMEDY AND LIABILITY:
   • REMEDY: Seller shall, at its option and as Buyer’s exclusive remedy (other than the warranty provided under the products current warranty document) repair, correct or replace F.O.B. point of manufacture, or issue credit or refund the purchase price for, that portion of the Goods found by Seller to be defective. If Buyer fails to give written notice to Seller (Arrco) within 15 days of defect, then the buyer waives the right to claim such defects. The seller requires all defective goods to be returned by the buyer (customer) with transportation prepaid before honoring any warranty claim unless otherwise specified to buyer in writing. All returned goods are subject to inspection before any remedy is provided unless otherwise specified by the seller.
   • LIABILITY: The Seller shall hold no liability for any damages that may arise due to delays in performance. The remedies available to the Buyer as outlined in this Agreement shall be considered exclusive. Under no circumstances, irrespective of whether the claim or cause of action is based on contractual obligations infringement, negligence, strict liability, other torts, or any other grounds, shall the Seller’s liability to the Buyer or any third party exceed the price paid by the Buyer for the specific goods or portion of goods provided by the Seller that gave rise to the claim or cause of action. The Buyer shall indemnify and hold the Seller harmless for any damages incurred by the Seller in excess of the aforementioned amount. The Buyer acknowledges that under no circumstances shall the Seller’s liability to the Buyer or any third party extend to include incidental, indirect, special, exemplary, consequential, or punitive damages. This holds true regardless of whether such damages were foreseeable or whether the Seller was advised of the potential for such damages. The Buyer waives any claims for such damages and shall indemnify the Seller for any such damages. The term “consequential damages” encompasses, but is not limited to, loss of anticipated profits, business interruptions, loss of revenue, reputational harm, and data costs incurred, including but not limited to capital, fuel, power, and loss or damage to property, products, or equipment. Furthermore, the Buyer shall indemnify and hold the Seller harmless from any liability to the Buyer, the Buyer’s employees, workers, contractors, or any other individuals arising from the Buyer’s or any other person’s use of the Goods. It is expected that all instructions and warnings provided by the Seller will be relayed to those individuals who utilize the Goods. The Seller’s Goods must be employed in accordance with their recommended applications, and all warning labels affixed to the Goods by the Seller must remain intact. The seller assumes no responsibility or liability for any technical advice given or the outcomes achieved. All such advice is given and accepted at the Buyer’s sole risk.
5. Shipping: Our shipping policies are subject to variation based on customer classification, promotional offerings, varying shipment distances, facility type, loading and unloading capabilities, and additional charges imposed upon us by shipping companies. The seller reserves the right to modify shipping charges at any time in response to changing market prices. Refer to Section 1: Pricing for further details.
   
   • Incentivized freight concessions or discounts are extended exclusively to the buyer and only to the buyer’s owned locations specified under their account. These concessions are not intended to be utilized for drop shipments of any nature unless explicit written consent is granted by the seller. In the event that the seller discovers any misuse of the aforementioned offerings, the seller reserves the right to invoice and charge the buyer for all shipping expenses that are not in accordance with our shipping terms and conditions. This requirement safeguards the seller’s interests in the manner in which the seller’s products are brought to market.
6. Cancellation policy: In the event that the Buyer finds it necessary to terminate an order, the Buyer shall provide reasonable advance written notification to the Seller. The Seller retains the right to invoice and deliver goods or services to the Buyer, as deemed necessary, for completed items and expenses associated with the canceled order. The Seller shall cancel the order at no cost to the Buyer if no work or inventory has been specifically committed to the order and there is not a specified cancellation policy attached to the estimate given to buyer from seller.
7. Both Seller and Buyer agree that any disputes arising from the relationship, or arising between the parties hereto for any reason which concern and goods shipped, amounts owed, credits or offsets due, or any other cause of action or dispute arising between the parties hereto shall be prosecuted and defended, brought or filed, in the Circuit Courts of Putnam County, Tennessee, or the Federal Courts of the Middle District of Tennessee. All parties hereto do hereby consent to the jurisdiction of said courts for the purposes of any such disputes arising out of the business relationship between the parties hereafter. The prevailing party shall be entitled to recover attorney’s fees and costs in any disputes arising hereunder. In the event any dispute arises between the parties regarding an order(s) shipped to Applicant, the shipment must be returned by the Applicant at Applicant’s expense to the ARRCO facility located at 820 East 20th Street, Cookeville, Tennessee. Applicant is responsible for insuring any such shipments for full value while in transit.