Terms and Conditions

Terms and Conditions for Quotes

 

  1. Validity of Quote

All quotes issued by EffectiV HVAC Inc. (“Supplier”) are valid for 30 days from the date of issuance unless otherwise stated in writing. Prices and availability of Products are subject to change without prior notice.

  1. Pricing Adjustments

The Supplier reserves the right to review, modify, or cancel any quotes in response to fluctuations in raw material costs, exchange rates, tariffs, duties, taxes, or any unforeseen regulatory changes. If such adjustments are necessary, the Supplier will notify the Customer before processing any changes.

  1. No Substitutions or Omissions

To ensure the integrity, compatibility, and optimal performance of the quoted Products, the Customer agrees that all components included in the quote are essential and must be purchased together as specified. Any substitutions, omissions, or modifications to the quoted items, whether by the Customer, contractor, or third party, are not permitted without prior written approval from EffectiV HVAC Inc. The Supplier shall not be responsible for any performance issues, inefficiencies, or failures resulting from unapproved substitutions or removals. If the Customer elects to proceed with substitutions or omissions without Supplier approval, any warranties, guarantees, or liabilities related to the performance of the Products shall be considered void.

  1. Customer Responsibility for Order Validation

The Customer is solely responsible for verifying that all necessary Products have been included in the quote and subsequent order. It is the Customer’s duty to review specifications, quantities, and compatibility to ensure that the proposed solution meets project requirements. The Supplier reserves the right to add, modify, or remove items that have been omitted, misquoted, or mis ordered to maintain the integrity and functionality of the proposed solution. The Supplier shall notify the Customer of any necessary adjustments before processing the order. While EffectiV HVAC Inc. strives for accuracy, human errors may occur, and the Supplier shall not be held liable for discrepancies resulting from incomplete or incorrect information provided by the Customer.

  1. Tariffs, Customs, and Additional Fees

Unless otherwise stated, quoted prices include applicable tariffs, customs duties, and import fees, which the Supplier pays on behalf of the Customer. If these costs increase unexpectedly, the Supplier reserves the right to adjust pricing accordingly.

  1. Shipping and Delivery Estimates

Delivery times provided in quotes are estimates only and may change based on production schedules, supplier availability, and shipping logistics. The Supplier is not liable for penalties, business losses, or damages due to shipping delays.

  1. Returns and Cancellations
  • Custom Orders: Non-cancellable and non-returnable unless defective or non-conforming.
  • Regular Orders: Standard stocked items may be returned within 30 days, subject to a 50% restocking fee and prior approval via an RMA request. The Customer is responsible for return shipping. Returns are not accepted for Products damaged by the Customer or at installation site.

 

  1. Limitation of Liability

The Supplier shall not be liable for any indirect, incidental, or consequential damages, including lost profits, labor costs, or penalties due to shipping delays, order modifications, or other unforeseen circumstances.

 

Terms and Conditions for Orders

 

  1. Order Confirmation and Modifications

Once placed, an order is binding. Any modifications requested by the Customer before delivery must be approved in writing by the Supplier and may incur additional costs or delays.

  1. Pricing Adjustments
  • The Supplier reserves the right to adjust pricing for pending orders if unforeseen tariffs, taxes, material cost increases, or regulatory changes impact the Supplier’s cost structure.
  • If an adjustment is necessary, the Supplier will notify the Customer, who will have 5 business days to accept the updated pricing or cancel the order.
  • If the Customer does not respond within the given timeframe, the order will proceed at the adjusted price.

 

  1. No Substitutions or Omissions

To ensure the integrity, compatibility, and optimal performance of the ordered Products, the Customer agrees that all components included in the order are essential and must be purchased together as specified. Any substitutions, omissions, or modifications to the order, whether by the Customer, contractor, or third party, are not permitted without prior written approval from EffectiV HVAC Inc. The Supplier shall not be responsible for any performance issues, inefficiencies, or failures resulting from unapproved substitutions or removals. If the Customer elects to proceed with substitutions or omissions without Supplier approval, any warranties, guarantees, or liabilities related to the performance of the Products shall be considered void.

  1. Customer Responsibility for Order Validation

The Customer must verify that all required Products have been included in the order. The Supplier reserves the right to adjust, add, or remove items to preserve the integrity of the solution. The Supplier shall notify the Customer before processing any changes.

  1. Shipping and Delivery Terms
  • The Supplier does not guarantee delivery dates and is not liable for losses due to shipping delays. Estimated delivery times are for reference only.
  • The Supplier will make reasonable efforts to meet delivery timelines but shall not be responsible for force majeure events, carrier delays, or supply chain disruptions.

 

  1. Responsibility for Shipping Damage
  • Shipments Arranged by the Supplier: If the Supplier arranges shipping, it is responsible for ensuring Products are shipped in good condition. Any visible damage must be noted upon delivery and reported within [5] business days with photographic evidence. The Supplier will handle claims and arrange for repairs or replacements as needed.
  • Shipments Arranged by the Customer (FOB Supplier Facility): If the Customer arranges transportation, liability transfers upon pickup. The Supplier is not responsible for damage in transit, and the Customer must file claims directly with their carrier.
  • All deliveries must be inspected upon receipt. Failure to report damage within the stated timeframe may result in denied claims.

 

  1. Returns and Cancellations
  • Non-Delivered Orders
    • Custom Orders: Cannot be canceled once production has begun.
    • Regular Orders: May be canceled before shipment, subject to a 50% cancellation fee.
  • Delivered Orders
    • Custom Orders: Non-returnable unless defective or non-conforming.
    • Regular Orders: Eligible for return within 30 days, provided they are unused, in original packaging, and pre-approved via RMA. A 50% restocking fee The Customer is responsible for return shipping. Products damaged by the Customers or at the installation site are not eligible for return.

 

  1. Limitation of Liability

The Supplier is not responsible for indirect or consequential damages, including lost business, penalties, or installation delays resulting from pricing changes, shipping delays, or order modifications.