Terms & Conditions

 PLEASE READ CAREFULLY. THESE TERMS & CONDITIONS OF SALE ARE A LEGALLY BINDING AGREEMENT BETWEEN UNITEC Parts Company (“UNITEC”) AND THE COMPANY ON WHOSE BEHALF THE PRODUCTS (DEFINED BELOW) ARE PURCHASED (“CUSTOMER”). 

Unitec is only permitted to sell parts within the United States, its territories, and Canada. We cannot supply parts if they are to be exported internationally. Under no circumstance should parts be shipped outside of these areas. All requests from or for outside these areas must be submitted through Sodica by email at export@sodica.fr or by phone at (33) 01 46 88 96 16. If at any given time Unitec is made aware of a part being exported from an active Unitec account, we reserve the right to discontinue providing our products and services.

All orders placed with Unitec, whether written, verbal, or electronic, are subject to the following Terms and Conditions of Sale (“Terms”), which may be changed or supplemented by Unitec at any time.

These Terms become the exclusive and binding agreement between Customer and Unitec when Unitec acknowledges in writing or commences the performance of an order (each, an “Order”).

No modifications of or additions to these Terms by Customer will have any force or effect unless specifically agreed to in writing by an authorized officer of Unitec.

Failure by Unitec to object to revisions contained in any communication, purchase order, or other document from a Customer shall not be construed as a waiver of these Terms or an acceptance of any such provision.

Subject to the terms and conditions of these Terms, Customer agrees to buy and pay for, and Unitec agrees to sell to Customer, the product(s) identified in each Order (the “Product(s)”).

PRICES/ TAXES

All prices are subject to change without notice. Quotations expire in 30 days unless Unitec advises the Customer otherwise in writing. Canadian Customer will be responsible for all import permits and licenses, and payment of all import duties and customs fees. Published or quoted prices do not include sales, use, excise, or similar taxes. [JF1] All applicable taxes, and all charges resulting from failed attempts at delivery, must be paid by the Customer.

TERMS OF PAYMENT

Terms of payment are net 30 days, contingent upon credit approval. UNITEC shall retain title to or hold a security interest in all merchandise until payment is received, including payment of any additional charges payable under these Terms. Customer will pay Unitec interest at the rate of one and one-half percent (1 1/2%) per month, or the highest rate permitted by law, whichever is less, for all amounts not paid within thirty (30) days from date of invoice and for all costs, including reasonable attorneys’ fees and disbursements, incurred by Unitec to collect such overdue amounts.

Prior to making shipment, Unitec may require the customer to demonstrate creditworthiness. If UNITEC is not satisfied, it may decline the Order, require advance payment, or ship COD.

Except as otherwise indicated in our Sales Policy, Unitec warrants to customer at the time of delivery the goods will be free from defects in material and manufacture and will conform substantially to the specifications stipulated in Unitec’s catalog for a period of 12 months after receipt of shipment, if used for the purpose for which they were manufactured and sold. Unitec’s liability and Customer’s sole remedy under this warranty are limited to the repair or replacement, at Unitec’s election, of Goods or parts thereof returned to Unitec which are shown to Unitec’s reasonable satisfaction to have been defective: provided that written notice of the defect shall have been given by Customer to Unitec within 30 days of detecting the defect, and within the Warranty period. Unitec and their reshipment to Customer and the risk of loss thereof will be borne by Unitec only if returned in accordance with written shipping instructions from Unitec.

Unitec Warrants to Customer that it will convey good title to the goods sold hereunder. Unitec’s liability and Customer’s remedy under this warranty are limited to the removal of any title defect or, at the election of Unitec, to the replacement of the goods or parts thereof which are defective in title; provided, however, that the rights and remedies of the parties with respect to patent infringement shall be limited to the provisions of subparagraphs below.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (i) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM UNITEC’S NEGLIGENCE, ACTUAL OR IMPUTED. 

The remedies of the customer shall be limited to those provided herein to the exclusion of any and all other remedies. UNITEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY CUSTOMER, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

Unitec shall not be liable for any injury, loss, damage, or other costs, direct or indirect, incidental, special, consequential or other, arising out of the use of, or the inability of the Customer to use the product. Before using or furnishing to another for their use, Customer shall determine the suitability of the product for its intended use and Customer assumes all risks and liabilities in connection therewith.

Unitec’s liability for loss or damages to Customer for any cause whatsoever and regardless of the form of action, whether in contract or in tort, including negligence, and arising directly or indirectly from an order or the performance thereof, the design, manufacture, delivery, sale, repair, replacement, or use of any such product or the furnishing of any such service. shall be limited to the price of the part on which such liability is based.

No agreement varying or extending the foregoing warranties, remedies, or this limitation will be binding upon Unitec unless in writing, signed by a duly authorized officer of Unitec.

Unitec shall not be charged with any liability for any loss, damage, delay or non-delivery when due to delays of Unitec’s suppliers, acts of God, Acts of the government, labor troubles or disputes, including strikes or lockout, fire, flood, accidents, epidemics, quarantine, restrictions, embargoes, or other transportation delays; damage to or destruction in whole or in part of equipment or manufacturing plant; lack of or inability to obtain raw materials, labor, fuel, or supplies; or any failure on part of Customer or its representatives to approve or comment on drawings or other technical documents within the period specified by Unitec; or any other causes, contingencies, or circumstances beyond Unitec’s control.  Whenever such a force majeure event occurs, the time for Unitec’s performance shall be extended for as many days beyond the date thereof as is required to obtain removal of such causes. This provision shall not, however, relieve Unitec from using reasonable efforts to avoid or remove such causes and continue performance with a reasonable dispatch whenever such causes are removed.

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles or the UN Convention on Contracts for the International Sale of Goods. Any action arising out of a dispute in connection with these Terms shall be brought in, and the parties’ consent to the personal and exclusive jurisdiction of and venue in the state and federal courts located in Hartford, Connecticut.

ENTIRE AGREEMENT/SEVERABILITY

These terms constitute the entire agreement between Unitec and the Customer with respect to the purchase of Unitec’s products and supersede any and all prior oral and written agreements, understandings, and quotations relating hereto, No waiver, amendment, modification or cancellation of any of the provisions of these Terms shall be binding unless made in writing and signed by the parties.

If any provision hereof is determined to be invalid or unenforceable, such provision will be enforced only to the extent that it is not in violation of the law or is not otherwise unenforceable, and all other provisions of these Terms will in full force and effect.

WARNING:

The installation of replacement parts or components in elevator and escalator equipment should be performed only by a trained elevator mechanic who is familiar with the operation and control of the system being repaired. Improper installation may endanger the installer, the public, and the equipment.