Hoover’s Terms and Conditions of sale

Hoover Pumping Systems Corporation, hereinafter referred to as “HOOVER,” sets forth the following Terms and Conditions of sale to the “Buyer.”

1. CONTRACT ACCEPTANCE. All orders and contracts are subject to acceptance by the executive office at HOOVER.  Only contracts signed by HOOVER shall be honored.  Previous proposals, either verbal or written, shall not be valid.

2. TAXES. HOOVER’s prices do not include sales, use, excise or similar taxes unless expressly stated within the contract.  The amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the equipment shall be paid by the BUYER, or in lieu thereof, the BUYER shall provide the Company with a tax exemption certificate acceptable to the taxing authorities.

3. TERMS. On approved credit, except as otherwise indicated within the contract, payment is due upon delivery or buyer requested delivery date, whichever is sooner.  In the absence of approved credit, HOOVER may modify the time of payment or any agreement for extension of credit, or may require partial or full payment prior to manufacturing, assembling, shipping, delivery, or installation of equipment.  Interest will be due and shall accrue at the rate of 1 ½% per month compounded on any overdue amount.  All collection costs incurred, including attorney’s fees, will be due in the event of late payment or non-payment.  HOOVER has the right to lien and enforce collection and exercise all rights available including refusal to provide service or completion of contracted work in the event of non-payment.  In addition, HOOVER shall retain a security interest in the equipment as provided by the Uniform Commercial Code, until such time HOOVER receives payment for the equipment in full.

4. DESIGN. HOOVER reserves the right to discontinue the manufacture of any model or to make changes in design for any product improvement without incurring any obligation to furnish or install the same on product previously furnished.  HOOVER reserves the right to request additional compensation for BUYER requested written changes.

5. RETAINING TITLE. Except where prohibited by law and without regard for terms apportioning risk, determining time and place of delivery, and allocating the cost of freight, HOOVER will retain title to the goods until the delivery of goods or full payment thereof, whichever is later.

6. SHIPMENT – DELIVERY. Shipping and delivery dates are estimates.  HOOVER will make all reasonable efforts to maintain delivery schedule after receipt of a written executed contract.  Shipping and delivery dates are based on HOOVER’s prompt receipt of complete written contract details, credit approval, and required deposits.  In the event the BUYER cannot take delivery on the agreed upon delivery date, delivery shall be deemed completed on the agreed upon delivery date at HOOVER’s pump station facility for the purpose of payment.  In addition, HOOVER retains the right to charge BUYER for additional storage and handling charges incurred, with a minimum charge of $750.00.

7. DELAYED DELIVERIES. HOOVER shall not be liable for any delay in shipping and/or delivery of ordered goods for any cause whatsoever.

8. CANCELLATION. No orders or contracts may be canceled without the consent of HOOVER.  At HOOVER’s option, canceled orders are subject to payment of cancellation charges equal to all cost incurred by HOOVER up to the date of cancellation, including a reasonable allowance for overhead and profit ( Cancellation Charges ).

9. DEPOSIT. Unless expressly waived in writing by a duly authorized representative of HOOVER, BUYER shall be required to pay a deposit of thirty percent (35%) of the contract balance upon entering into the contract.  BUYER understands and agrees that said deposit will be applied to HOOVER’s costs, and in the event of cancellation by BUYER, said deposit will be applied to any and all Cancellation Charges incurred.

10. SITE ACCESS. BUYER is responsible for providing HOOVER unrestricted access to pump site including identification of utilities and landscaping.  If necessary, BUYER will relocate utilities and landscaping in conflict with proposed work.  HOOVER will not be responsible for the cost of repairing or replacing any utilities, landscaping, or any site improvements damaged by its work.

11. CLEAN UP. HOOVER will remove all scrap material it has brought onto the site.

12. HOOVER will maintain insurance in accordance with acceptable business practices.

13. RETURN OF GOODS. Custom ordered equipment built to BUYER’s specifications cannot be returned unless approved in writing by HOOVER.  Unless the return is to correct a HOOVER error, all equipment authorized for return is subject to a minimum handling charge of 15% of the invoice value of the returned equipment.  All equipment to be returned must be packaged by the BUYER and shipped prepaid insured for full invoice value or BUYER accepts the loss or damage during shipment.

14. CONDITIONS. All sales made by HOOVER are subject to these conditions, as updated from time to time, unless otherwise agreed in writing with a duly authorized representative of HOOVER.

15. The BUYER’s sole and exclusive remedy against HOOVER shall be for the repair or replacement of or refund for defective parts as described within the Warranty Statement. No other remedy (including, but not limited to, incidental or consequential damages of any nature whatsoever, such as, but not limited to lost profits, lost sales, delay or acceleration damages, injury to personal property, other incidental or consequential loss) shall be available to BUYER for & which BUYER hereby expressly waives same.

16. In the event of any litigation arising out of or in connection with these Terms and Conditions of Sale, the Contract, and /or Contract Documents, the prevailing party shall be entitled to reasonable attorney’s fees and costs. In any legal action out of or in connection with these Terms and Conditions of Sale, the Contract, and /or Contract Documents, the parties hereby waive in advance any right to a trial by jury.  Legal action shall take place in Broward County, Florida.

17. ENTIRE AGREEMENT. The contract documents shall consist of these Standard Terms and Conditions of Sale, Hoover Pumping Systems Warranty Statement, the Contract, Project Information Form, Request for Electrical Information, and Deposit Form (“Contract Documents”).  The Contract Documents contain the entire agreement between HOOVER and BUYER and shall not be modified or amended except by written instrument signed by an authorized representative of HOOVER.