Terms & Conditions

FOB:
Jayco Enterprises
2740 SW Martin Downs Blvd #263
Palm City, Florida 34990
*Unless otherwise noted in the proposal

DELAY:
If, for any reason for which the purchaser is responsible, and shipment of the material and/or service cannot be made upon the expected service date. The purchaser will be notified, and the entire agreement price for the material and/or services shall become due and payable. The purchaser will reimburse Jayco Enterprises (“Jayco”) for any additional expenses on account of such a delay.

SALES AND OTHER TAXES:
The amount of any present or future Federal, State, Municipality other tax resulting from this agreement, or the manufacture, erection, or sale of any property hereunder, which shall be assessed against and/or be paid by Jayco shall be invoiced to the Buyer and the Buyer agrees forthwith to reimburse Jayco for such taxes.

WARRANTY AND LIMITATIONS:
Items manufactured and supplied by Jayco are warranted to be free from defects in materials and workmanship under normal use and service for a period of 30 days when used with processing material manufactured or sold by Jayco or approved in writing by Jayco. This 30-day warranty does not cover parts that are subject to abnormal wear or misuse.

Jayco programming is warranted for 30 days provided that no alterations of any kind have been made without the express consent in writing by Jayco. Jayco programming is performed at the direct supervision of the buyer or the buyer’s representative, and therefore the buyer is responsible to ensure that all programming meets any local or national standard or code for which the services provided may have jurisdiction. Jayco assumes no responsibility for the use or misuse of the programming logic and likewise is not responsible for production losses, man hours or equipment repairs as a result of any programming services provided.

The Buyer assumes all risk and liability for the results obtained using any material or technology delivered hereunder in the manufacturing processes of the Buyer or in combination with other substances. No claim of any kind, whether as to material delivered or for non-delivery of material, and whether based on negligence or otherwise, shall be greater in amount that the purchase price in respect of which such claim is made, and in no event shall Jayco be liable for indirect or consequential damages, whether resulting from or caused by the negligence of the Jayco. The price stated for the material or service is a consideration of limiting Jayco’s liability.

Parts and assemblies not manufactured by Jayco which are purchased for and incorporated in the materials sold hereby shall carry only the express warranty given by the original manufacturer to Jayco, but all limitations of remedies and exclusion of implied warranties contained herein shall also apply.

No other warranties, whether express, implied, or statutory, including the warranties of fitness for a particular purpose or merchantability, are given and all other such warranties are hereby expressly disclaimed.

ACCEPTENCE AND AGREEMENT:
This is a firm quote subject to acceptance within 30 days from the date of quotation. Acceptance of this quotation is not effective unless in strict conformity with the terms set forth herein. Any changes in specifications, equipment or any of the terms hereof proposed by Purchaser are subject to acceptance by Jayco, provided, however, Jayco shall have the right to substitute parts, components and/or equipment of equal grade and quality as those referred to herein. Additionally, where programming services are concerned Jayco may at their discretion supply or substitute technicians/programmers as required to complete the project or to ensure timely completion of the project. This offer, when accepted, shall constitute the entire agreement between the Buyer and Jayco, and the Buyer agrees that there have been no verbal understandings or agreements reached between the parties hereto other than the conditions stated in this quotation. With the purchase of equipment or service from Jayco there is no license granted for the practice of any patented/copyrighted Jayco processes and / or programming code. If there is any conflict between any of the terms and provisions or conditions of this quotation and Buyer’s acknowledgement, acceptance or purchase order, provisions of this quotation shall govern and control.

CANCELLATION:
This order, once accepted, shall not be subject to cancellation by Buyer unless authorized in writing by Jayco and unless charged for expenses incurred and/or commitments made by Jayco are assumed by Buyer.

DELIVERY:
Due to fluctuating business conditions, firm delivery time cannot always be quoted until the time of order placement. Anticipated delivery will be as stated in the quotation. Delivery dates are approximate, however, and are subject to extension for delays caused by fire, flood, acts of God, labor disputes, civil or military authority, riot, non-delivery of materials or supplies or other causes beyond Jayco’s reasonable control. Jayco will not be liable for any loss or damage, consequential or otherwise, resulting from damage in transit, late delivery, or non-delivery due to any cause whatsoever, including but not limited to any of the causes specified herein. Unless otherwise specified, delivery is deemed to be made and title to the items sold will pass F.O.B. Jayco’s Main Office or point of shipment if such items are manufactured by others. Unless otherwise specified, all transportation charges are the responsibility of Buyer and the resolution of any disputes with the carrier are likewise the responsibility of the Buyer.

PAYMENT:
Jayco Enterprises
2740 SW Martin Downs Blvd #263
Palm City, Florida 34990

Payment can be made either by check or direct deposit at the discretion of the customer. Payment terms not defined in the project quotation are Net 15. A fee will be assessed at 1.5% per each 30-day period payment is not received. The purchaser assumes all costs in association with collecting any outstanding balances including but not limited to attorney fees, expenses, and loss of business.

SERVERABILITY:
In the event any provision hereof shall be determined to be unenforceable for any reason, the remaining terms hereof shall nevertheless continue in full force and effect.

GOVERNING LAW:
This order shall be governed in all respects by the substantive law of the State of Florida.