Terms and Conditions
By placing an order for Unity Manufacturing’s products, the purchaser agrees that the following Terms and Conditions are incorporated into and made a part of the order for Unity Manufacturing’s products and that these Terms and Conditions, in the event of a conflict, prevail over and supersede any conflicting terms and conditions set forth in any other documentation:
UNITY MANUFACTURING SELLS AND PRODUCES a broad product line of electrical enclosures, custom electrical enclosures, and accessories for commercial and industrial applications.
TERMS: Orders shipped are payable according to specific customer Terms and Conditions accepted by placing order.
MINIMUM BILLING: One hundred dollars ($100.00) Net plus transportation charge.
ERRORS: All clerical errors subject to correction.
LOSS OR DAMAGE IN TRANSIT: Our responsibility ceases with delivery to the carrier, at which time title passes to the purchaser and all claims for loss, damage or delay must be made to the carrier by the purchaser.
INSPECTION UPON RECEIPT: Because Unity Manufacturing shall not be responsible for any loss or damage to its products after the shipment has been accepted by the purchaser, the purchaser must promptly inspect the shipment and immediately notify Unity of any defect or problem with the products immediately upon their receipt at purchaser’s facility. Unity Manufacturing is not liable for incidental, consequential, special, punitive or exemplary damages of any kind arising or resulting, directly or indirectly, from any defect in products accepted by the purchaser.
SHIPPING SCHEDULES: Published and quoted lead times and estimated shipping dates are only approximate based on the normal uninterrupted flow of production activity and carrier availability and are in no way guaranteed.
RETURN POLICY: No goods may be returned without first obtaining our express written permission. Goods that arrive without permission will be refused and returned to the shipper. Only stocked catalog items will be considered for return. Items must be of current design and in resalable condition, which were shipped not more than one year prior to date of return request. Return shipment must be on a prepaid freight basis. Only a credit memo can be issued for return goods and this memo will be subject to a deduction for outgoing freight similar to that of the return cost, a 25% restocking charge and the cost of any rework required.
CANCELLATION: An order once placed with us and accepted by us can be cancelled only with our express written consent and upon terms that will indemnify the company. Orders for SPECIALS, or standard goods in quantities larger than normal inventory, may NOT be cancelled once order is placed.
PRICES: Unity Manufacturing reserves the right to change the prices, specifications, materials or the availability of products without prior notice. Unity Manufacturing is not responsible for inaccuracies resulting from undetected errors, omissions or price discrepancies.
WARRANTY: Unity Manufacturing warrants that its products shall be free from defects in material for a period of one year from date of shipment from its plant. If after our inspection a defect is revealed, Unity Manufacturing will not be held responsible for (1) any amount beyond the price of the product, (2) any unauthorized repair. This warranty shall not apply to any product that shows evidence of neglect, misuse or mis-installation, or that has been repaired or altered by any party other than this company. This warranty is and shall be in lieu of all other warranties, express or implied.
ARBITRATION: Purchaser and Unity Manufacturing mutually waive the right to sue one another in court and mutually agree that any dispute between them relating in any way to an order for Unity Manufacturing’s products shall be filed and served, within the applicable statute of limitations, in order to submit it to binding arbitration before a single arbitrator provided by Dispute Solutions, Inc. The arbitration shall be conducted in Dallas County, Texas under Dispute Solutions, Inc.’s then-current Arbitration Rules, but purchaser and Unity Manufacturing shall each be responsible for one-half of all filing fees and arbitrator compensation, subject to reallocation by the arbitrator in the final award.