Terms & Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS. Customer's submission of an order for any of the products or systems provided by Pipensity, LLC shall constitute acceptance by Customer of the Terms & Conditions contained herein, which shall control the transactions between PIPENSITY, LLC and Customer. These Terms & Conditions shall not be superseded by any provisions that may be contained in any purchase order or other documentation that may at any time be submitted to PIPENSITY, LLC by Customer unless specifically agreed to in writing by PIPENSITY, LLC. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PRICE STATED FOR THE PRODUCTS, SERVICES OR SYSTEMS HEREIN DESCRIBED IS A CONSIDERATION FOR LIMITING THE LIABILITY OF PIPENSITY, LLC AS SET FORTH HEREIN.

2. AVAILABILITY. Some of the products and systems shown in the PIPENSITY, LLC binders, on the website or other electronic materials are not available from all PIPENSITY, LLC locations. In such case, if possible the local PIPENSITY, LLC office will refer Customer to a responsible source.

3. QUOTATIONS. Written quotations are firm for 14 days from quotation date unless stated on the quotation to the contrary or unless revoked by oral or written notice from PIPENSITY, LLC prior to acceptance by PIPENSITY, LLC of a written order from customer. Also, unless stated by the manufacturer or by PIPENSITY, LLC to the contrary, quoted prices will apply on products, services and/ or systems scheduled for production and/or shipment within 14 days of the quote, while prices in effect at the time of shipment will apply on unscheduled shipments and products, production or systems scheduled for shipment beyond 14 days. If the cost to PIPENSITY, LLC of performance hereunder should be increased by reason, directly or indirectly, of any governmental action, including without limitation the imposition or variation of any customs duty, PIPENSITY, LLC shall have the right to increase the quotation price by the amount of such increased cost.

4. ORDERS; PAYMENT; DELIVERY. On approved credit sales, terms are net 30 days unless otherwise stated in writing. When credit has not been approved, payment terms, subject to prior approval by PIPENSITY, LLC, may be cash in advance, ACH electronic bank transfer, or debit / credit card. PIPENSITY, LLC, without liability to Customer or any party, may at any time alter or suspend credit or discontinue production, deliveries or stop goods in transit when, in its opinion, the financial condition of Customer or potential Customer warrants such action. PIPENSITY, LLC reserves the right to add a monthly service charge up to the maximum rate permitted by law for delinquent accounts. PIPENSITY, LLC reserves the right to add a minimal Processing Fee to each Customer order. All sales are F.O.B.Shipping Point, unless otherwise agreed to by PIPENSITY, LLC in writing. All risk of loss or damage shall pass to Customer immediately upon movement of the products or systems into the possession of the carrier. Any claims for loss or damage during shipment are to be filed with the carrier. PIPENSITY, LLC will not accept responsibility for any such claims. PIPENSITY, LLC shall make every reasonable effort to meet commitments concerning production and shipping dates; however, revisions may be necessary due to unforeseen events. PIPENSITY, LLC WILL NOT BE RESPONSIBLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OCCURRING TO CUSTOMER OR TO ANY OTHER PARTY AS A RESULT OF ANY DELAY IN PRODUCTION AND/OR SHIPMENT. Orders are not cancellable by Customer unless and until all cancellation provisions, if any, are agreed to by PIPENSITY, LLC in writing and all cancellation charges, if any, have been paid by Customer. Orders that are scheduled to ship to Customer within the next 60 days may not be rescheduled or cancelled by Customer unless expressly agreed to by PIPENSITY, LLC in writing. Customer shall not debit, back charge or setoff PIPENSITY, LLC for returns, warranty claims or for any other reason, without prior written consent from PIPENSITY, LLC.

5. LIMITED WARRANTIES. The only warranties made on products and systems sold by PIPENSITY, LLC are the warranties provided by the respective manufacturers for such products and systems. Reference should be made by Customer to the terms of such manufacturers' warranties for the conditions thereof. In the event PIPENSITY, LLC has modified, altered or fabricated any of the products or systems sold by it, PIPENSITY, LLC warrants only that such modification, alteration or fabrication shall be free of defects in material or workmanship for one year from shipment to Customer. As to such warranties by PIPENSITY, LLC, its liability is limited exclusively to making replacement or repairs or to refunding the price for such modifications or alterations made by PIPENSITY, LLC. Any Customer modifications, alterations or repairs (actual or attempted) to the products or systems by PIPENSITY, LLC shall void all warranties of PIPENSITY, LLC unless Customer has obtained prior written authorization from PIPENSITY, LLC consenting to such modifications or alterations. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, PIPENSITY, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS AND SYSTEMS, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, PIPENSITY, LLC WILL NOT BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM AN ALLEGED BREACH OF SUCH WARRANTIES, IF ANY, OR FROM ANY OTHER ALLEGED BREACH OF ANY PROVISION OF PIPENSITY, LLC'S CONTRACT WITH CUSTOMER. PIPENSITY, LLC staff are not authorized to warrant the suitability of products or systems for any particular application beyond the state of use described or warranty provided by the manufacturer for any such products or systems. In no event whatsoever shall PIPENSITY, LLC be liable to Customer for any amount beyond the initial purchase price paid by Customer for the product or service.

6. TAXES; GOVERNMENT REGULATIONS. Unless otherwise expressly stated in the quotation, PIPENSITY, LLC's quoted prices do not include sales, use, excise or any other federal, state or local taxes. Customer shall be liable for reporting and paying to the appropriate state or federal agencies any such levies and/or taxes. Failure by PIPENSITY, LLC to collect any such taxes from Customer with the initial invoiced amount shall not constitute a waiver of or bar to PIPENSITY, LLC's right to bill and collect from such Customer subsequently for such taxes. Customer shall provide state tax exempt certificates upon request. Customer shall comply with all governmental laws and regulations, and shall secure all necessary approvals, if any, applicable to the delivery, use and sale of the products and systems and any other conduct contemplated by Customer's purchase of the products and systems.

7. RETURNED PRODUCTS AND SYSTEMS. Goods may not be returned by Customer without PIPENSITY, LLC's prior written authorization. Any request to return must be made within 10 days from receipt of the goods. Returned goods must be in first class salable condition, in their original container, shipment prepaid and subject to inspection upon receipt by PIPENSITY, LLC. When goods are returned because of an acknowledged error by PIPENSITY, LLC will rectify its error promptly without expense to Customer. If the authorized return is not because of a fault of PIPENSITY, LLC or its suppliers, PIPENSITY, LLC will undertake all reasonable action to minimize the expense of such returns; however, PIPENSITY, LLC reserves the right to make a handling and re‐ stocking charge. Products and systems that have been manufactured or fabricated to Customer's specifications are not returnable.

8. SHORTAGES AND DEFECTIVE PRODUCTS AND SYSTEMS. All claims for shortages, defects or incorrect products or systems shipped to Customer must be filed by Customer with PIPENSITY, LLC within 10 days of the receipt of the product or system. Claims for loss or damage in transit must be filed with the carrier as per Section 4 above.

9. CATALOG INFORMATION. The catalogs contained in PIPENSITY, LLC's binders are provided by manufacturers of the equipment described therein. PIPENSITY, LLC cannot assume responsibility for errors or omissions in any of the descriptions of the products and systems contained therein. PIPENSITY, LLC reserves the right to make additions, deletions or modifications to its binders, and changes in its suppliers, without notification to Customer.

10. USE OF PRODUCTS AND SYSTEMS. The installation and the operation of the products and systems purchased from PIPENSITY, LLC in a safe manner and in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) is Customer's responsibility.

11. OWNERSHIP OF DESIGNS. If any engineering and/or design work is performed by PIPENSITY, LLC for Customer relative to products ordered under this agreement, Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of PIPENSITY, LLC.

12. SMALL ORDERS. Contact your PIPENSITY, LLC office for minimum billings. Small orders are costly to handle and process. This is true for both the buyer and seller. Contact PIPENSITY, LLC's office for suggestions on eliminating or minimizing the costs of small orders placed with PIPENSITY, LLC.

13. CHANGES IN TERMS AND CONDITIONS. These Terms and Conditions are subject to change by PIPENSITY, LLC without prior notice. As per Section 1 above, these Terms and Conditions may not be altered in any way by Customer and PIPENSITY, LLC hereby rejects any effort by Customer to effect any such alteration.

14. CUSTOMERS. Customer represents and warrants that it shall use any goods subject hereto solely for its own use in its business operations or for resale to other businesses for similar use. PIPENSITY, LLC does not sell consumer products.

15. FORCE MAJEURE. If PIPENSITY, LLC's ability to perform its obligations to Customer is limited, delayed or prevented in whole or in part by any event or condition not reasonably within the control of PIPENSITY, LLC or its suppliers, including without limitation acts of God, war, civil strife, labor unrest, transportation delays, or by any law, rule, regulation, order or any other action of any public authority, PIPENSITY, LLC shall be excused, discharged and released of performance to the extent such performance is so limited, delayed or prevented, without liability of any kind.

16. WAIVER. Waiver by PIPENSITY, LLC of any default of Customer or of any provision hereof shall not be deemed a waiver of any other default of Purchaser.

17. CONTROLLING LAW. The validity, construction and performance of these Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding that body of law applicable to choice of law. Each of the parties irrevocable consents to the exclusive jurisdiction and venue of the federal and state courts located in Dade County, Florida in any action relating hereto or to the subject matter hereof. In the event any provision of these Terms & Conditions or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms & Conditions shall remain in full force and effect.