Terms and Conditions of Sale

NOTE: Before continuing with the checkout process, you must read and agree to the following terms, and click the "I Agree" button at the bottom of this page:

The limit of Vortec’s responsibility for any purchases that you make is expressed in these Terms and Conditions specified below and the Terms of Use for the Vortec web site which are incorporated herein by reference, as they may be amended from time to time. When purchasing a product, you agree to all of such terms and conditions by clicking below to accept these terms and conditions and continue with the checkout process.

All of Vortec price lists, quotations, order confirmations and acknowledgments, and sales invoices relating to the sale of "Vortec" products or for the rendering of services by Vortec to the buyer ("Customer") are subject to the following terms and conditions:

Acceptance of Terms. Vortec’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth in Vortec’s "Terms and Conditions of Sale". Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Vortec’s "Terms and Conditions of Sale" or from customer’s acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Vortec unless agreed to by Vortec in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Vortec’s "Terms and Conditions of Sale", Vortec’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Vortec of any of the terms and conditions contained in Vortec’s "Terms and Condition of Sale". Any additional inconsistent or different "Terms and Conditions of Sale" or Conditions of Purchase of Buyer contained in Buyer’s purchase order or other document submitted to Vortec at any time, whether before or after the date hereof, are hereby expressly rejected by Vortec.

Payment Terms. For customers with established credit, terms are net thirty (30) days from date of shipment. At Vortec’s option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa or MasterCard. Cash or anticipation discounts are not accepted. All payments must be in U.S. dollars. Vortec shall have the right of set-off, offset and deduction for any sums owed. If customer fails to make payment within thirty (30) days after shipment, Vortec may defer shipments until such payment is made, or may at its option cancel all or any part of unshipped order and/or other unshipped orders.

Sales Tax. Vortec is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt and provide your tax exempt number.

Credit Balance. Customer agrees that any credit balance issued will be applied to purchases from Vortec within one (1) year of its issuance. IF NOT APPLIED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION AND VORTEC SHALL HAVE NO FURTHER LIABILITY. No cash payments shall be made for unapplied credits.

Shipping Charges. All products shall be shipped F.O.B. Cincinnati, Ohio. Freight is prepaid and added to merchandise shipped (before tax and freight), unless otherwise stated, to customer’s place of business anywhere in the contiguous United States, using routing of choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. Customer must pay any extra charges incurred for additional services, such as customer’s carrier or special handling at the destination. If any item is backordered, on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to customer on delivery to the carrier. If product was damaged in transit, customer must file claim with carrier.

LIMITED WARRANTY. ALL COMPRESSED AIR PRODUCTS MANUFACTURED BY VORTEC, ARE WARRANTED ONLY TO CUSTOMERS FOR RESALE OR FOR USE IN BUSINESS OR ORIGINAL EQUIPMENT MANUFACTURE, AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS UNDER NORMAL USE, FOR TEN YEARS AFTER DATE OF PURCHASE FROM VORTEC. THIS WARRANTY COVERES ONLY THE PNEUMATIC CORE PRODUCT AND DOES NOT INCLUDE OTHER COMPONENTS OR ACCESSORIES, SUCH AS HOSES, FILTERS, DIFFUSE-AIR VESTS, IONIZING EQUIPMENT, ETC. NON-PNEUMATIC COMPONENTS AND PRODUCT ACCESSORIES ARE COVERED BY A TWO YEAR WARRANTY BASED ON THE TERMS MENTIONED ABOVE. COLD PUMP ENCLOSURE AIR CONDITIONERS ARE COVERED BY A ONE YEAR WARRANTY. ANY PRODUCT WHICH IS RETURNED TO VORTEC WITH SHIPPING COSTS PREPAID, AND DETERMINED BY VORTEC TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP, WILL BE, AS THE EXCLUSIVE REMEDY, REPAIRED OR REPLACED, AT VORTEC'S OPTION. CUSTOMERS SHOULD CONTACT VORTEC IF THERE IS ANY QUESTION ON THE TERMS OF WARRANTY COVERAGE FOR ANY OF ITS PRODUCTS.

WARRANTY DISCLAIMER. THE ABOVE LIMITED WARRANTY IS VORTEC'S SOLE WARRANTY. DESCRIPTIONS IN PRODUCT LITERATURE OR ELSEWHERE ARE NOT WARRANTIES. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY VORTEC. VORTEC DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARISE FROM PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION. VORTEC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. ANY LIABILITY FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING FROM BREACH OF WARRANTY OR ANY OTHER REASON IS EXPRESSLY DISCLAIMED. VORTEC’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

Force Majeure. Vortec shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to produce product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Vortec in the conduct of its business.

Cancellation. Any cancellation or returns must be priorly approved in writing by Vortec, and may be subject to restocking fees and other charges determined exclusively by Vortec.