{"id":871,"date":"2019-09-10T01:29:14","date_gmt":"2019-09-10T01:29:14","guid":{"rendered":"https:\/\/cogentcompanies.com\/fluidequip\/?page_id=871"},"modified":"2022-03-30T21:27:09","modified_gmt":"2022-03-30T21:27:09","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/cogentcompanies.com\/fe\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]Price is FOB shipping point and does not include any freight charges. Price does not include any applicable duties or sales tax, use tax, excise tax, value-added or other similar taxes that may apply to this equipment and\/or project. Unless specifically stated, price does not include manual or automatic controls, starters, protective or signal devices, wiring, anchor bolts, gauges, vibration isolation devices, installation, startup or testing.<\/p>\n

If the price is included in a proposal, the price is firm for receipt of an order within 15 days of the date shown on the proposal. Any additional terms and conditions included in the proposal are specifically included in these terms and conditions.<\/p>\n

Unless otherwise expressly agreed to in writing by Seller, all shipments are FOB Seller shipping point at which point title also transfers.<\/p>\n

Payment is due upon receipt of the invoice.\u00a0 An interest charge of 1-1\/2% per month will be added to past due balances.\u00a0 Retainage of any invoiced amount is unacceptable unless specifically agreed to by Company at the time of order, and shall in no case exceed a period of 120 days.\u00a0 If payments are not timely received by Company, and this account is turned over to an attorney for collections, Customer agrees to pay all reasonable costs and attorney fees incurred in collection of the past due amounts.<\/p>\n

Payment of \u201ccommercial transaction\u201d invoices by credit card will be charged a fee based upon Cogent\u2019s average discount rate for credit card transactions for the prior calendar year. This fee will change annually and is currently 2.55%.<\/p>\n

All equipment either rented from or through Company is subject to all of the terms and conditions listed on the back of the rental contract.\u00a0 Pricing does not include any overtime running of power equipment.<\/p>\n

In no event shall Company\u2019s obligations and liabilities under this Agreement include any direct, indirect, punitive, special, incidental or consequential damages or losses that Customer may suffer or incur in connection with this sale, service or rental, including, but not limited to, loss of revenue or profits, damages or losses as a result of Customer\u2019s inability to operate, perform its obligations to third persons or injuries to goodwill; nor shall Company\u2019s liability extend to damages or losses Customer may suffer or incur as a result of such claims, suits or other proceedings made or instituted against Customer by third parties.\u00a0 Customer remises, releases and discharges Company from any and all liability or damages which might be caused by failure to deliver any equipment within the agreed time by Company.<\/p>\n

Customer shall be responsible for determining the good operating condition of all materials and equipment prior to accepting the materials and equipment. NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN WRITING AND ACCEPTED IN WRITING BY COMPANY, BUT IN SUCH CASE THE WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED. Notwithstanding the foregoing, Company will pass through to the Customer any warranty provided by the manufacturer of any equipment supplied by Company.<\/p>\n

Customer covenants and agrees to defend, indemnify and hold Company harmless from any claims, damages or liability arising out of the use, maintenance or delivery of the equipment or materials purchased or rented hereunder. Customer shall further defend, indemnify and hold Company harmless from any and all damages to third persons or to property caused by Customer\u2019s use or possession of the equipment or materials, to the fullest extent allowable by law.<\/p>\n

In connection with a proposal, if Customer has any further questions or comments regarding the proposal, please feel free to contact Company.\u00a0 If the proposal meets with Customer\u2019s approval, please sign, date and mail or fax a copy of the proposal back to Company\u2019s office, and the identified equipment will be ordered and\/or scheduled for delivery.<\/p>\n

This agreement shall be governed by the laws of the state where the Company\u2019s branch office is located from which the equipment is rented or purchased. Customer further agrees that venue and jurisdiction shall be appropriate in the county in which Company\u2019s branch office is located from which the equipment was rented or purchased.\u00a0 Any provisions hereof which may prove unenforceable under any law shall not affect the validity of any other provision hereof.<\/p>\n

 <\/p>\n

 <\/p>\n

Revised March 2022<\/p>\n

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[vc_row][vc_column][vc_column_text]Price is FOB shipping point and does not include any freight charges. Price does not include any applicable duties or sales tax, use tax, excise tax, value-added or other similar taxes that may apply to this equipment and\/or project. Unless specifically stated, price does not include manual or automatic controls, starters, protective or signal devices, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-871","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nTerms and Conditions - Fluid Equipment<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cogentcompanies.com\/fe\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions - Fluid Equipment\" \/>\n<meta property=\"og:description\" content=\"[vc_row][vc_column][vc_column_text]Price is FOB shipping point and does not include any freight charges. 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