Warranty and Terms of Sale

Warranty:

  • IDEC Elevator Products Inc. (“IDEC”) warrants that all parts provided shall be free from defects in material and workmanship for a period of one (1) year from the date of delivery. This warranty is limited to the repair or replacement of defective parts, at IDEC’s sole discretion.
  • This warranty expressly excludes coverage for damages caused by improper installation, misuse, unauthorized modifications, accidents, negligence, normal wear and tear, or acts of God.
  • Disclaimer of Electrical Component Warranty: IDEC makes no warranties, express or implied, regarding any electrical components. Any warranties applicable to electrical components shall be solely those provided by the original manufacturer. IDEC assumes no liability for damages, failures, or defects arising from improper installation, wiring, or handling by third parties, including but not limited to field personnel, contractors, or end-users. The purchaser bears full responsibility for ensuring all electrical components are installed and wired correctly in strict compliance with manufacturer specifications and all applicable laws, codes, and industry standards.

Specifications and Alterations:

  • All equipment will conform to the standard specifications as outlined in this contract and shall comply with ANSI A 17.1 Section 5.2.
  • Any deviation from the original specifications requiring additional costs shall only be performed upon prior written approval by both parties and shall be subject to additional charges beyond the original contract price.

Pricing, Exclusions, and Adjustments:

  • Prices exclude all taxes, freight, duties, tariffs, special crating, or additional costs unless explicitly stated otherwise.
  • Prices shall remain in effect based on the purchase order date and release date but are subject to review due to fluctuations in material and labor costs.
  • Quoted prices are firm for sixty (60) days from the date of order. The customer must accept delivery within six (6) months of the order date for the price to remain firm; failure to do so may result in price adjustments.
  • If, during contract performance, material costs increase by more than five percent (5%), IDEC reserves the right to equitably adjust pricing. Any such adjustment shall be documented through Quotes, Change Orders, or Invoices.
  • Any additional tariffs, trade agreements, government policy changes, or similar economic factors causing increased material and/or labor costs will be directly passed to and absorbed by the purchaser.

Work Schedule and Contingencies:

  • Work shall be conducted during regular business hours in accordance with industry practices.
  • IDEC is not responsible for delays caused by strikes, accidents, supply chain disruptions, force majeure, or other circumstances beyond its reasonable control.

Liability and Indemnification:

  • IDEC shall not be liable for any incidental, consequential, indirect, or punitive damages arising from or relating to the sale, installation, or use of its products, including but not limited to loss of profits, loss of business opportunities, or property damage.
  • The purchaser agrees to indemnify, defend, and hold harmless IDEC, its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising from improper installation, misuse, or modification of the equipment.

Insurance and Compliance:

  • Workmen’s compensation insurance shall be provided in compliance with the laws of Palm Beach County and the State of Florida.

Acceptance and Scheduling:

  • To proceed, a signed copy of this proposal must be returned along with any applicable purchase order.
  • Estimated delivery time is 8-10 weeks from receipt of purchase order or approved drawings, subject to factory workload at the time of order.
  • IDEC makes no guarantee of delivery times, which are subject to change based on unforeseen circumstances.

Legal and Contractual Terms:

  • Any disputes, claims, or litigation arising from this contract shall be governed by and construed under the laws of the State of Florida, without regard to conflict of law principles.
  • Exclusive Jurisdiction and Venue: Any action, proceeding, or litigation arising from this contract shall be exclusively brought in the state or federal courts located in Palm Beach County, Florida.
  • The prevailing party in any dispute shall be entitled to recover all reasonable costs, attorney’s fees, and expenses through all appellate levels.
  • Entire Agreement: This document constitutes the entire agreement between the parties. No verbal agreements or modifications shall be enforceable unless made in writing and signed by authorized representatives of both parties.
  • Severability: If any provision herein is found to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Failure of either party to enforce any provision of this contract shall not be deemed a waiver of any rights.

 

IDEC ELEVATOR PRODUCTS INC.