US AIR COMPRESSOR TERMS AND CONDITIONS OF SALE
All orders placed by Buyer are subject to the following terms and conditions.
ANY TERMS AND CONDITIONS IN BUYER’S PURCHASE ORDER OR ELSEWHERE THAT ARE INCONSISTENT WITH OR ADD TO THESE TERMS ARE NOT ACCEPTED BY US AIR COMPRESSOR (US Air Compressors Canada INC. and US Air Compressor INC). BY TAKING DELIVERY OR BY PURCHASING PRODUCTS, BUYER AGREES TO THESE TERMS. When purchasing any compressor from US Air Compressor, you (the buyer) agree to purchase all the maintenance parts, for said compressor, from US Air Compressor for 10 years. If you need a copy of said schedule one will be provided to you. Please contact US Air Compressor for your compressors schedule. These parts must only be purchased direct from US Air Compressor. Parts purchased from any other source will void your warranty and cause your compressor to protect itself or shut down completely.
Prices, Payment. Buyer shall pay all taxes applicable. If Buyer claims exemption from tax, Buyer shall provide Seller with properly completed exemption certificates or other governmental issued evidence of exemption. Payment for products, in U.S. Dollars, shall be due before the date of shipment. If Buyer fails to make any payment when due, US AIR COMPRESSOR suspends further deliveries until payment has been made or may pursue all available remedies allowed by law or in equity. US AIR COMPRESSOR shall be entitled to recover from Buyer all fees and costs, including attorneys’ fees, related to collecting any amounts due SEVERUS or to enforce this agreement.
Orders. Buyer shall submit Purchase Orders to US AIR COMPRESSOR. All purchase orders are subject to written acceptance by US AIR COMPRESSOR.
Shipping. Buyer is responsible for all costs related to shipping and delivery, whether EX WORKS, freight prepaid and added, freight collect. All accepted orders will be shipped by US AIR COMPRESSOR in accordance with the delivery requirements set forth in each Purchase Order as soon as practicable via carrier selected by US AIR COMPRESSOR unless otherwise specified by Buyer separate email after order confirmation.
Title; Risk of Loss. Title to products and risk of loss shall pass to Buyer at US AIR COMPRESSOR' facilities upon delivery to a carrier. US AIR COMPRESSOR will have no responsibility or liability on account of anything which may be done, happen, or arise with respect to the products after risk of loss has passed to Buyer, including lost, late, damaged or misdirected shipments (whether out- or in-bound) and BUYER shall remain fully liable to US AIR COMPRESSOR for full payment thereof.
Claims. Claims for deficiency in quantity shall be waived unless made in writing within 5 days after delivery and US AIR COMPRESSOR is given reasonable opportunity to verify the claim. Buyer shall furnish such written evidence (including signed BOL showing which part is lost and signed by the shipper) or other documentation as SEVERUS reasonably deems appropriate.
Returns. Orders (excluding consumables, such as, filters, oil, and service parts) can be returned within 30 days of receipt with approval from US Air Compressor. Restocking, Credit card fees and/or return freight charges are not refunded.
Products must be returned within 30 days of receipt for refund or exchange.
A return authorization number must be assigned by Us Air Compressor. This is required for all returns.
Items, once returned, must be inspected before a refund is issued
Returns are subject to min 25% restocking fee for the items purchased. If the item is returned damaged the cost of repairing the item will be deducted from the amount to be returned.
Products must be in new/unused condition.
Shipping costs will be deducted from the refund.
Credit card processing fee will be deducted from the refund
Products must be returned and received by US Air Compressor in their original packaging, undamaged before refund is issued.
You may initiate a return to US Air Compressor via phone at (905)238-0225 CANADA or (612) 987-8933 USA
Please have your invoice or order number and/or applicable serial numbers available when you initiate a return. We will also need photos of the item.
The Goods may not be returned to US Air Compressor, unless approved. US Air Compressor has a right to refuse any returns at its sole discretion, without giving the notice of its decision to the Buyer. The shipping expenses, re-stocking fees and credit card charges are the responsibility of the Buyer.
Return Exceptions. We cannot accept returns on items that have been installed, used or if item is a part of regular service schedule or consumable. Please make sure you are choosing the correct fit prior to placing your order. For product assistance, please visit www.usaircompressor.com for contact information.
The best way to avoid returns. Every application is different. Please review the return policy and speak to Us Air Compressor sales specialist before buying a compressor or related component. If the product was shipped by mistake, the US Air Compressor will be responsible for the shipping. The buyer is responsible for shipping if he or she orders in error.
Inspections. Inspections must be done prior to accepting any shipment. The buyer/receiver is responsible for inspecting for freight damage. Any damage must be noted on the BOL prior to accepting the equipment with the carrier and a claim must be filed as soon as possible by the consignee. If the equipment is damaged beyond repair, we recommend refusing the freight. The seller/shipper is not responsible for inspections, the buyer/receiver is. If you have any questions when receiving freight, please call our office direct at: (905)238-0225 CANADA or (612) 987-8933 USA.
If the original box of the product, parts are opened and no damage has been reported by the customer on BOL in written and signed, no damage claim will be accepted by the seller.
Cancellation of Orders. Check with Us Air Compressor to see if there is a restocking fee on the item. If a payment is made via credit card, a refund less the restocking charge and Credit Card fees will be returned once the equipment has been returned free and clear of any damage and/or usage. If a payment is made via company check, to eliminate any fraudulent transactions, USAir compressor will hold any refund for 30 days. Once the deposit and/or payment has been cleared by the proper authorities, a refund less the restocking / shipping charge will be returned once the equipment has been returned free and clear of any damage and/or usage.
For start-up on a new equipment purchase please review our compressor manual or call our customer support line at (905)238-0225 CANADA or (612) 987-8933 USA and request start-up assistance.
To assist us in locating the correct replacement parts for you, the serial number or part number / part picture and dimensions must be made available when contacting us.
We are unable to hold orders. Once the order is placed and payment has been processed, the order is sent to the warehouse to be prepared for shipment.
Please note that availability is subject to prior orders and can change at any time, if an item is out of stock or on back order, we will contact you via email with expected lead time if applicable. To make changes or to cancel an order, please contact the Seller.
Order confirmation will be sent via email after order is place. Please allow for one business day. For inquiries regarding expedited shipping, please contact the Seller.
If your product arrives showing signs of damage, please DO NOT accept delivery or indicate the damage, written clearly on BOL and accept the delivery. If you have already accepted delivery of a damaged product without any indication of the damage on the BOL, US Air Compressor considers that the product has been delivered and accepted in proper shape, undamaged. Any transport damage must be reported to US Air Compressor within 3 days of receipt of the goods. Contact US Air. Please have the Bill of lading that describes the damage ready to send to US Air Compressor. Damage claims after 3 days will not be accepted.
The present Standard Terms and Conditions of Return (these “Terms”) are applicable to and from the sole and integral part of every contract, quotation, purchase order, order form, proposal or invoice (the “Contract”) between the Seller and the Buyer (referred to individually as “Party” or collectively as the “Parties”) for the sale of parts, equipment, machines, accessories, goods or services (“Goods”). Seller’s sale and return of any Goods is expressly conditioned on Buyer’s assent to these Terms.
Any acceptance of Seller’s offer is expressly limited to acceptance of these Terms. Notwithstanding any contrary provision in the Buyer’s purchase order or other document, commencement of performance by Seller shall not constitute acceptance of the Buyer’s terms and conditions to the extent any such terms or conditions are inconsistent with or in addition to these terms.
Any and all terms, conditions, and other provisions from the Buyer (whether or not contained in a request for quotation, purchase order, or otherwise) which are inconsistent with or in addition to these Terms are rejected and shall not be binding on the Seller. No waiver, alteration, amendment, or other modification of these Terms shall be binding on the Seller unless made in a writing (identifying the applicable quotation number and clearly identifying and agreeing to the modification) signed by an authorized manager at the Seller.
The Buyer’s issuance of a purchase order and/or the Buyer’s acceptance of any work performed by Seller shall constitute acceptance of these Terms. In the event a separate written agreement covering terms and conditions has been negotiated and mutually signed by authorized representatives of Buyer and Seller, and such agreement is applicable and in effect, it shall take precedence (to the extent of conflicts) and the terms and conditions set forth in these Terms will be supplemental to those of such agreement as above.
Assumption of Risk. Buyer acknowledges that performance of the products can be affected by factors over which US AIR COMPRESSOR has no knowledge or control. Buyer is expected to be knowledgeable in its industry and is therefore responsible for determining that the products purchased are suitable for Buyer’s intended use and for all risk associated with such determination. Buyer assumes all risk with respect thereto.
Indemnification. Buyer agrees to indemnify and hold US AIR COMPRESSOR , its officers, directors, employees, and agents harmless from and against all losses, damages, claims, causes of action, penalties and liabilities arising out of (i) Buyer’s statements, representations or warranties, whether made by Buyer in its literature, on its label or elsewhere; (ii) personal injury or death of any person, including, without limitation injury or death to Buyer’s employees; (iii) damage to real or personal property that arises out of, is connected with or relates in any way to the products (including, without limitation, formulation, receipt, possession, use, handling, storage, and disposal) after title has passed to Buyer; (iv) Buyer’s failure to comply with applicable laws, ordinances, regulations, rules and orders, (v) any alleged violation of intellectual property rights or laws; or (vi) out of Buyer’s misuse or negligent acts or omissions relating to product.
Safety and Health Indemnity. US AIR COMPRESSOR shall furnish or make available to Buyer Material Safety Data Sheets for the products sold here under when legally required. Buyer is familiar and shall comply at its expense with all applicable laws, ordinances, regulations, judicial and administrative orders and other legal requirements of all governmental authorities pertaining to the sale, storage, dispensing, use and disposal of the products. Buyer agrees to defend, indemnify and hold US AIR COMPRESSOR harmless from and against any and all liability related to Buyer’s failure to comply with this paragraph.
Force Majeure. US AIR COMPRESSOR shall not be liable for failure or delay in manufacturing or delivering products due to circumstances beyond its control, including but not limited to acts of government, nature, or public enemy, civil or labor unrest, war, fire, flood, accident, breakdown of equipment or machinery, unavailability of materials at their usual source, or other contingencies beyond its control which interfere with the production, throughput, or transportation of the products.
Export Compliance. This transaction is a domestic sale within the U.S. If Buyer exports the products, Buyer will be the U.S. Principal Party in Interest or Exporter for all purposes.
Warranty. US Air Compressors grants a 10 year warranty that is extendable. Warranty and liability are granted as long as you exactly follow the maintenance schedule and use genuine US Air Compressors parts purchased directly from US Air Compressor. This extended warranty can be extended up to 10 years given you use US Air Compressors service parts and follow the service schedule designated by US Air Compressor. Warranty stops when a scheduled service is missed and or those US Air compressor parts are not purchased. At that moment the compressor liability is reverted to the compressor owner and or the person who has modified the parts, purchased parts that are non genuine US Air Compressor parts and or modified the maintenance schedule.
Miscellaneous. This Quote, including these general terms and conditions, the Mutual Confidentiality and Non-Disclosure Agreement, the Custom Manufacturing Agreement, if any, and the US AIR COMPRESSOR Limited Warranty contain the entire agreement of the parties with respect to the sale and purchase of US AIR COMPRESSOR products, and there are no oral understandings, representations or warranties affecting it. These terms and conditions cannot be changed without US AIR COMPRESSOR’ written consent. No terms, conditions, understanding or agreement purporting to modify or vary these terms and conditions shall be binding unless in writing and signed by US AIR COMPRESSOR. Any terms and conditions in any other purchase order, acknowledgement, invoice or other form issued by Buyer which conflict in any way with these terms and conditions are superseded by these terms and conditions despite subsequent issuance. Buyer may not assign its interest without US AIR COMPRESSOR’ prior written consent. No waiver of any breach of these terms and conditions shall be interpreted as a waiver of any later breach. The rights and obligations of the Buyer and SEVERUS shall be governed by the laws of Wisconsin and any dispute shall be venued in the state courts in Minnesota, Minneapolis or in the federal court for the District Court of Minneapolis. Buyer consents to personal jurisdiction in said courts.