Products. Standard Terms, Conditions, Policies and Procedures Guide. Residential Garage Door Openers and Accessories

Transcription

1 LiftMaster Products Standard Terms, Conditions, Policies and Procedures Guide Residential and Commercial Gate Operators and Accessories Residential Garage Door Openers and Accessories Commercial Door Operators and Accessories Access Controls Effective May 2014

2 Table of Contents Standard Terms, Conditions, Policies and Procedures for LiftMaster Products... 2 Order Placement and Shipping Policies Order Cancellation... 4 Pricing, Taxes and Payment... 4 Limited Warranty... 4 Limitation of Liability... 5 Return Policy and Procedure... 5 Miscellaneous

3 LiftMaster Standard Terms, Conditions, Policies and Procedures This document contains LiftMaster s Standard Terms, Conditions, Policies and Procedures, which apply to all LiftMaster products including: Residential Garage Door Openers and Accessories Commercial Door Operators and Accessories Residential and Commercial Gate Operators and Accessories Access Controls These terms, conditions, policies and procedures may be occasionally modified by The Chamberlain Group, Inc. ( LiftMaster ). Unless a Customer provides prompt, written notice on receipt of order acknowledgement objecting to any of these terms, conditions, policies and procedures (including inconsistencies between the Customer s purchase order and LiftMaster s terms and conditions), the Customer agrees that these terms, conditions, policies and procedures shall become part of the purchase contract between the Customer and LiftMaster. LiftMaster s acknowledgment shall operate as its acceptance of the Customer s purchase order, but such acceptance is made expressly conditional on assent by the Customer to these terms, conditions, policies and procedures. The Customer and LiftMaster agree that LiftMaster s acknowledgment, including these terms, conditions, policies and procedures, shall constitute the complete and final agreement between the Customer and LiftMaster for such order, and the products received should only be delivered accordingly (except as may otherwise be agreed in writing between the Customer and LiftMaster). These terms, conditions, policies and procedures are subject to LiftMaster s standard terms and conditions of sale, which are incorporated herein by reference and are available upon request. Shipping Terms: Shipments will be Free On Board (F.O.B.) from LiftMaster s facility. Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from the Customer. If shipment is delayed at the Customer s request, or because of Customer acts or omissions, LiftMaster has the right to store the goods at a location of LiftMaster s choice at the Customer s risk and expense. Title to and risk of loss of the goods pass to the Customer upon delivery to the common carrier at the F.O.B. point, subject to any applicable lien right of LiftMaster. It is the Customer s responsibility to file any shortage or damaged goods claims with the common carrier. Freight Terms: All products ship on a pre-paid and add basis unless previously agreed to in writing, or as noted in this document. Freight costs will be added to the Customer s invoice. However when ordering ten (10) or more LiftMaster Gate Operators, prepaid freight is not added to the invoice. Note that these orders may only consist of gate operators and corresponding accessories. Any non-related product must ship under a separate purchase order and will ship on LiftMaster s standard freight policy, pre-paid and add. Back Orders: Orders that cannot be completely filled will be held until all line items (or equivalent) on the purchase order can be shipped. Back orders may be requested by the Customer. In this case, both the original shipment and the back ordered items will ship based on LiftMaster s standard shipping policy. The Customer will be responsible for all associated freight charges, which will be added to the invoice per the Customer s shipping instructions. Customers should contact their LiftMaster Sales Representative with any questions regarding these terms, conditions, policies and procedures. I. Order Placement & Shipping Policies Order Minimum: A minimum of $25.00 U.S. is required for each order. Order Acknowledgements: Orders will be acknowledged within one (1) business day of receipt, provided that proper information is given on the order. Once supplied, LiftMaster will add an address to a Customer s account information for communication purposes, including invoicing. During order processing, an update will be ed to Customers with an estimated shipping time window. Once an order has shipped from a LiftMaster facility, a shipping notification will be sent in the same manner as the order acknowledgement with appropriate shipment tracking information. Order Lead Times - Stock Product: LiftMaster will make every reasonable attempt to ship standard items within four (4) business days from order receipt, unless otherwise requested. Orders for Customer pick up and for Customers sending in carriers of their choice will be dated according to Customer s requirements, providing there is sufficient lead time. Orders for truckload quantities or multiple truckloads may require a longer lead time which will be communicated when the order is placed. Any large quantity of one model may require additional time for fulfillment and lead time will be communicated on the acknowledgment. Order Lead Times - Special Order Product: LiftMaster requires ten (10) business days lead time for special order products and up to twenty-one (21) business days for make-to-order specials requiring engineering time to build the product. For details on commercial door operator and gate operator specialty products, please contact your LiftMaster Sales Representative or Customer Care Representative. 2

4 I. Order Placement and Shipping Policies (con t.) Credit Hold Policy: Any order on credit hold must be released and shipped within ten (10) days of the order date. After ten (10) days, the order will be cancelled and must be reordered. New orders may be subject to new pricing at the time the new order is entered. Shipping Point - Service and Replacement Parts: All service and replacement parts orders will ship from LiftMaster s Parts Distribution Center in Tucson, Arizona. Replacement/service parts should be ordered separately from other LiftMaster products. Replacement parts shipments of less than $1,000 U.S. are all expedited to ship same day providing the order is received by 2:00 p.m. Mountain Time, and only replacement/service parts are on the purchase order. Drop Shipments: If a Customer has more than one place of business, a separate account number for each ship-to location should be established with LiftMaster to avoid a drop shipment fee. To arrange for additional account numbers, Customers should contact a LiftMaster Credit Analyst at or Credit@Chamberlain.com. For orders requesting drop shipment, there will be a 25% fee assessed for each order. No drop shipments will be made to destinations outside of the United States or Canada. Customer Pick-Up Orders: LiftMaster s products are available for Customer pick-up at LiftMaster s distribution centers via a Customer truck or their selected carrier. Customer pick up is limited to the product stocked and on-hand at the distribution center at the time the order is placed. The Customer will be asked to provide the date they will be picking up their order and, unless otherwise notified, LiftMaster will have the Customer s order ready on that date. Customers who have arranged to pick up on the date they requested or have given LiftMaster s warehouse team at least a two (2) hour notice to get their order ready for same day pick up will be given priority. Orders must be picked up in their entirety. The most important criteria when loading any Customer pickup order is safety. If LiftMaster distribution personnel determine a Customer vehicle to be undersized or unsafe, LiftMaster reserves the right to refuse to load. LiftMaster distribution personnel will not be expected to spend an inordinate length of time loading any vehicle due to its limitations. Customers need to provide and attach tie downs to safely secure the load. If the Customer s order is not picked up on the date requested, the Customer will be contacted within one (1) business day by LiftMaster Customer Care to provide a new pick up date. If LiftMaster is unable to contact the Customer or the order is not picked up within five (5) business days after the originally scheduled date, LiftMaster will attempt one more contact, and then the order will be cancelled. Shipping Errors: If a shipping error is made, the Customer must notify LiftMaster within two (2) business days of product receipt by calling If applicable, a Returned Goods Authorization (RGA) with return instructions will be issued and a new shipment will be created for order replacement. In the case of shipment overage, an RGA will be issued, and the original invoice will be credited upon return of the product. LiftMaster will provide return instructions for either small parcel or common carrier returns. LiftMaster will assume all costs and risks for the product being returned due to errors attributable solely to LiftMaster. Shipment Damages: When the Customer receives an order, all freight bills should be noted with any damage included (supported with photos, if possible). The carrier should be contacted by the Customer. Copies of claims should also be sent to LiftMaster for its records. Due to the high volume nature of LiftMaster s business, out-of-stock situations may occur. The Customer will be notified in advance when this situation arises, and LiftMaster will work with the Customer to assess other options. 3

5 II. Order Cancellation Special orders, make-to-order, engineer-to-order or any orders with modifications added cannot be cancelled after the date the order is received by LiftMaster. Cancellation or refusal of a shipment will result in a cancellation charge of 50% of the invoiced order amount, except where prior contractual agreements have been completed. LiftMaster warrants to the first end user purchaser (the Purchaser ) that its products are free from defect and/or workmanship from the date of shipment for the warranty period provided in the operator s manual or packaging accompanying such product. The warranty period begins on the date of purchase. Payment of any cancellation charges must be made within thirty (30) days from date of invoice. LiftMaster has the right to cancel any order at any time, upon written notice, for any breach of terms by the Customer (including these terms and conditions), and LiftMaster is entitled to collect cancellation charges as identified above. The Customer has the right to cancel any order at any time, upon written notice, of any material breach by LiftMaster of the terms of such order. No termination by the Customer for default will be effective unless LiftMaster has failed to correct the alleged default within thirty (30) days after receipt by LiftMaster of the written notice specifying the default. III. Pricing, Taxes and Payment Prices: Prices are subject to change without notice to reflect LiftMaster s prices, and applicable freight or transportation rates, as of the date of shipment. Unless specified by LiftMaster, all prices are in U.S. dollars. Taxes: Prices specified do not include sales, excise or other taxes payable on account of the transaction(s) between LiftMaster and the Customer. All taxes are in addition to these prices and are paid by the Customer. Payment: Payment terms are 1% twenty (20) net thirty (30) days. All due dates are calculated from date of invoice. The proper operation of a product is dependent on the compliance by the Purchaser with the instructions regarding installation, operation, maintenance and testing. Failure to comply strictly with those instructions will void this warranty in its entirety. Specific product warranties can be found either in the product user s manual or on Dealer.LiftMaster.com. If, during the limited warranty period, the product appears to contain a defect covered by this limited warranty, call the LiftMaster Technical Support Center. Garage Door Openers and Accessories: Gate Operators and Accessories/Access Controls: Commercial Door Operators and Accessories: This limited warranty is in lieu of any other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose or otherwise, and of any other obligations or liability on LiftMaster s part. This limited warranty does not cover non-defect damage, damage caused by improper installation, operation or care (including, but not limited to abuse, misuse, failure to provide reasonable and necessary maintenance, unauthorized repairs or any alterations to the product), labor charges for reinstalling a repaired or replaced unit, problems related to interference, or replacement of batteries. Internet Minimum Advertised Pricing Policy: LiftMaster has adopted an Internet Minimum Advertised Pricing Policy to preserve its strong reputation for providing Customers with high value products and after-sales support. Please refer to the IMAP Policy document for details. IV. Limited Warranty LiftMaster offers the limited warranty for any product described in the product s operators manual or accompanying packaging. In the event any published warranty differs from the standard LiftMaster limited warranty set forth below, the product-specific limited warranty will be used. LiftMaster s standard limited warranty is as follows: Under no circumstances will LiftMaster be liable for consequential, incidental or special damages arising in connection with use, or inability to use, the product. LiftMaster s liability for breach of warranty, breach of contract, negligence or strict liability will not exceed the cost of the product covered hereby. No person is authorized to assume for LiftMaster any other liability in connection with the sale of the product. Some states do not allow the exclusion or limitation of consequential, incidental or special damages, so the above limitation or exclusion may not apply to the Purchaser. This limited warranty gives the Purchaser specific legal rights, and the Purchaser may also have other rights which vary from state to state. 4

6 V. Limitation of Liability In no event will LiftMaster or its employees, officers and directors be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including lost profits, or opportunity costs), regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including negligence), or otherwise. In the U.S. Chamberlain/LiftMaster Att: Returns Department 6050 S. Country Club Road, Suite 180 Tucson, AZ In Canada Chamberlain Group Canada Att: RGA Department 400 Courtney Park Drive East, Unit 2 Mississauga, Ontario LST 255 Canada LiftMaster, its employees, officers and directors will not be liable to the Customer for any actions, damages, claims, liabilities, costs expenses, or losses in any way arising out of or relating to this agreement or the products for an aggregate amount in excess of the fees actually paid for the products giving rise to the liability. For product returns of less than 75 lbs. (small parcels), Customers must contact either the Technical Support Department or the Customer Care Department, and a return shipping label will be provided. An RGA with a link to the return shipping label will be provided and returned via UPS World Ship. Tracking for each return is available. No terms of this agreement will be enforceable by or create any right or cause of action for or on behalf of any person or entity other than the Customer and LiftMaster and LiftMaster s successors and assignees. VI. Return Policy and Procedure In-Warranty Products/Parts: LiftMaster provides assistance installing and servicing its products, and technical support is available, toll-free, as follows: For returns of finished goods not deemed small parcels, the Customer Care Department must be contacted to arrange for LiftMaster s contracted carrier to pick up defective products and return them to LiftMaster s Tucson facility. Again, credit will not be issued for any out-ofwarranty and non-defective products, and a pro-rated freight amount will be deducted from the Customer s total credit due. Returns shipped collect to LiftMaster will be refused and returned to the Customer at their expense. Garage Door Openers and Accessories: Gate Operators and Accessories/Access Controls: Commercial Door Operators and Accessories: In the event that the Technical Support Department cannot rectify a product issue, LiftMaster will accept the return of a defective product still under warranty. To return such product, a Returned Goods Authorization (RGA) must be obtained. An approved RGA document (including the RGA number), must accompany the returned product. The RGA number must be written on the carton used to ship the returned product. All items must be returned with complete identification (RGA document and number), freight prepaid and in accordance with all of the above-noted instructions. Returns received without proper authorization may be delayed and/or refused. LiftMaster will not be responsible for any items returned without proper authorization or identification. All items must be returned to: Out-of-Warranty Products/Parts: LiftMaster will not issue credit for or replace an out-of-warranty product or replacement part that no longer functions properly. Products that are out-of-warranty will not be authorized for return. Non-Defective Returns: In addition to warrantied products, unopened standard, off-the-shelf products and replacement parts may be returned for credit within ninety (90) days of invoice date. All standard products returned for credit must be received within ninety (90) days of invoice date and in new, unused condition in original unopened cartons. An RGA must be obtained prior to returning the product. All products approved for credit must be returned freight prepaid, and a 25% restocking charge will be deducted from the credit amount. A minimum of $10 U.S. will be charged against the product credit for the return shipping, unless the Customer uses, and pays for, its own shipping method. No returns will be accepted if shipped collect to the LiftMaster facility. Non-defective returns will not be accepted on discounted products. Commercial door operators and residential and commercial gate operators that are modified by LiftMaster per Customer request or built-to-order by LiftMaster per Customer request cannot be returned for credit. This includes all commercial door operators and residential and commercial gate operators with custom wiring, limits, transformers or other modifications. LiftMaster will not be responsible for any items returned without proper authorization or identification. 5

7 VII. Miscellaneous Quotations: All written quotations automatically expire unless accepted within thirty (30) days from the date quoted and unless otherwise noted. Verbal quotations expire the same day they are made. All quotations are subject to approval by an authorized LiftMaster representative. All stenographic and clerical errors are subject to correction. Remedies: In case the Customer fails to make payments in accordance with the terms outlined in this document, LiftMaster, in addition to its other rights and remedies, may, at its option, defer further shipments until such payments are made or may terminate the order. The Customer shall not have any cause of action or be entitled to any offset, counterclaim or recoupment against LiftMaster by reason of any such action. The Customer agrees to pay any legal fees which may be necessary to effect collection. Force Majeure: In the event LiftMaster s performance hereunder is limited or prevented in whole or in part by acts of God, fire, war, civil disorders, strikes, explosions, embargoes, accidents, epidemics, floods, storms, shortages or failure of any source of supply or transportation upon which LiftMaster is dependent, or by any rule, regulation, order or other action taken by any governmental authority or causes not reasonably within LiftMaster s control whether or not specifically provided herein, LiftMaster shall be excused, discharged and released of performance to the extent such performance is limited or prevented without liability for damages of any kind. Nothing herein contained shall be construed as requiring LiftMaster to accede to any demands of labor or labor unions, suppliers or other parties which LiftMaster considers unreasonable. If by reason of any of the aforesaid circumstances LiftMaster s supply of any of the goods shall be insufficient to meet all of LiftMaster s requirements hereunder, LiftMaster s orders with its Customers and for LiftMaster s own uses, LiftMaster shall have the right at LiftMaster s option and without liability hereunder to apportion LiftMaster s available supply of products among any and all of LiftMaster s Customers, including LiftMaster s affiliates and itself, in such manner as LiftMaster in LiftMaster s sole discretion considers equitable. Governing Law: Any order for products and these terms and conditions shall be governed by, and interpreted in accordance with, the laws of the State of Illinois, U.S.A. notwithstanding any conflict of laws principles thereof. The parties agree that the courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction over any litigation arising between the parties, and the parties hereto hereby agree to submit themselves to the personal jurisdiction of said courts. Waiver: Any waiver by LiftMaster of any breach or default by the Customer of any of the Customer s obligations hereunder, and any failure by LiftMaster to enforce any rights arising hereunder, will not be construed as a waiver of any other breach or default by the Customer or of LiftMaster s right to enforce its rights arising hereunder in any other circumstances. LiftMaster reserves the right to make pricing, design or specification changes without notice. Assignment: No assignment of any right or interest or delegation of any obligation or performance of the Customer hereunder may be made without the prior written consent of LiftMaster. Any attempted assignment or delegation will be wholly void and totally ineffective for all purposes. 6

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