Terms & Conditions

 

 

Terms and Conditions of Sale Thank you for your interest in products sold by Lotus Mixers, Inc. The following provisions set forth the terms and conditions on which Lotus sells its products. Terms of Sale: Purchase of any products sold by Lotus shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by Lotus. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and, except for delivery and billing addresses, and quantities prices and items ordered, any conflicting or additional terms are void and have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, Lotus reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering products herein offered after the date of such amendment. Additional special terms and conditions of Lotus may be applicable with respect to certain products. All prices are firm for 30 days from the date quoted unless otherwise indicated. Lotus reserves the right to change the prices and specifications of its products at any time without notice prior to order acceptance and/or acknowledgement. Cancellation and Returns: Equipment sold by Lotus is custom made per a particular order and has no intrinsic value. As such, it is non-returnable. If canceled once the equipment is released for manufacturing, cancelation charges will be 100 percent as release constitutes a commitment of manufacturing time. Cancellation prior to release to manufacturing has specific design engineering done for the order and costs associated with this work and as such is subject to a minimum 30 percent of the total purchase price and does not require support documentation of charges. Manufacturing time: Is quoted and order acceptance is based upon good faith estimates at the corresponding time. However, unless specifically guaranteed by Lotus in writing, it is subject to delay beyond our control such as production levels at the time of release to manufacturing, third party sub-supply, corrections due to deficiencies found during quality control evaluation, clarification and questions raised by the buyer, changes requested by the buyer, natural occurrences, government action, logistics delays, etc. Tax Information: Any tax or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by Buyer in addition to the price quoted or invoiced. If Lotus is required to prepay any such tax or fee, Buyer will reimburse Lotus. For sales in Florida, Buyer must provide Lotus with a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by Lotus sixty (60) days after the invoice date. Proof of certification should be emailed to Lotus. Payment: Payment terms are net from date of invoice unless otherwise quoted. Buyer's obligation to pay outstanding invoices and all other amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever. Balances remaining unpaid at due date are subject to a interest charge of 1.5% per month or the highest rate permitted by law, whichever is lower, until paid. Any discounts, rebates, administrative fees, credits, or other fees due or owed to Buyer will be applied against delinquent balances before payment or reimbursement is made. Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. If Lotus agrees with the billing dispute, Lotus will credit Buyer the amount of the agreed-upon billing dispute. All billing disputes must be made within one (1) month of the applicable invoice date, or will be deemed to be waived. Lotus reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are made current. Buyer shall be liable for, and shall reimburse Lotus for all costs and expenses it may incur in connection with collection of any amounts owed to Lotus or enforcement of its rights, including without limitation, reasonable attorneys' fees and expenses, court costs, and cost of collection agencies. Returned Goods Policy: Goods are all custom made per order and therefore not returnable or cancelable. Shipments: Quoted delivery and order entry is based up on a good faith evaluation of the existing workload at time of quotation. This is subject to change based up on orders received, final approval date of drawings or third party availability of sub-assemblies such as the motors, materials, etc.. Unless agreed to and signed by an officer of Lotus Mixers, penalty or late clauses will not pertain. FREIGHT DAMAGE: VERY IMPORTANT – IT WILL NOT BE POSSIBLE TO PROCESS ANY INSURANCE CLAIM FOR TRANSPORT DAMAGE UNLESS IT THESE ARE CLEARLY MARKED ON THE BILL OF LADING SIGNED FOR BY YOUR RECEIVER AND HANDED BACK TO THE DRIVER. THE INSURANCE COMPANY WILL REJECT ANY CLAIM WITHOUT THIS BEING INDICATED. IN ADDITION, COPIES OF THE BILL OF LADING MUST BE EMAILED TO US IMMEDIATELY. IF THERE IS EXTERNAL DAMAGE, PHOTOS ARE REQUIRED UPON ARRIVAL (PREFERABLY SHOWING THE DRIVER AND OR TRUCK) FREIGHT DAMAGE IS STRICTLY COVERED BY INSURANCE AND NOT MIXCO LOTUS MIXERS INC. IF FREIGHT DAMAGE HAPPENS, INSURANCE MAY NOT COVER THE COST OF A TEARDOWN OR OTHER DISASSEMBLY FOR INSPECTION. IF NO DAMAGE IS FOUND DURING THESE INSPECTED, THE COST OF THE TEARDOWN AND REASSEMBLY WILL BE INVOICED. Limited Warranty: As the buyer/end user has control of the installation, operation, etc., any item purchased from Lotus Mixers must be properly installed and operated. It is highly recommended that a qualified individual from Lotus Mixers inspect the equipment after installation. This service is classified as advisory and is available per the terms and costs established by Lotus Mixer and is not included in the price of the equipment. The warrantee is expressly limited to supply of the equipment per the drawings (if supplied by Lotus) as to materials and workmanship. There is to be no claims or obligation to pay for any contingent lose such as production, delays, removal, reinstallation, modifications to other equipment (piping, instrumentation, mounting, electrical, etc.), injury, etc. This warrantee is strictly limited to repair or replacement of parts or equipment by Lotus in due time. Other expense including labor or freight are not included. Any claim against this warrantee shall be in writing and properly transmitted by either acknowledged email or signed receipt. Lotus shall have reasonable time to evaluate any claim. Lotus shall be the sole determiner of whether a claim is covered by warrantee or not. This warrantee shall begin upon shipping of the equipment and extend for 18 months (if delivery is delayed due to the buyer request, inability to accept shipment or late payment, it shall be considered “shipped” for purposes of the warranty) from this date or 12 months from the initial attempt to use the equipment – whichever comes first. Lotus's warranty hereunder shall not apply if: (i) a product is not used in accordance with its instructions or if it is used for a purpose not indicated on the labeling, (ii) any repairs, alterations or other work has been performed by Buyer or others on such item, other than work performed with Lotus's written authorization and according to its approved procedures; or (iii) the alleged defect is a result of abuse, misuse, wear & tare, abrasion, corrosion, improper maintenance or storage, accident or the negligence of any party other than Lotus. The warranty set forth herein is conditioned upon proper storage, installation, use and maintenance in accordance with applicable written recommendations of Lotus. The warranty furnished hereunder does not extend to damage to items purchased hereunder resulting in whole or in part from the use of components, accessories, parts or supplies not furnished by Lotus. Buyer shall provide labor for the removal of the defective component or item and installation of its replacement at no charge to Lotus. Buyer shall bear all risk of loss or damage to returned goods while in transit. In the event no defect or breach of warranty is discovered by Lotus upon receipt of any returned item, the item will be returned to Buyer at Buyer's expense and Buyer will reimburse Lotus for the transportation charges, labor and associated charges incurred in testing the allegedly defective item. Except as expressly provided herein, Lotus makes no representation or warranty of any kind, expressed or implied with respect to any products, parts or services provided by Lotus including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Products distributed, but not manufactured, by Lotus are not warranted by Lotus and Buyer must instead rely on the representations and warranties, if any, provided directly to Buyer by the manufacturer of such product. The sole and exclusive remedy for breach of any warranty is limited to the remedies provided in the paragraph above. Miscellaneous: Any required notices shall be given in writing, in the case of Lotus, at the address set forth below, and in the case of Buyer, at the address designated on Buyer's purchase order or to such other address as either party may substitute by written notice to the other and shall be deemed given upon personal delivery, overnight delivery or three days following deposit in the mail with a signed receipt from Lotus. Except as expressly provided herein, no changes or modifications to, or waiver of, any of these terms and conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party. Lotus’s failure or delay to exercise or enforce any of its rights hereunder shall not constitute or be deemed to be a waiver of such rights or forfeiture of such rights, and Lotus may, at its option, from time to time, exercise any of its rights or remedies. These Terms bind Buyer and its successors and permitted assigns. Lotus will use its reasonable efforts to fill orders, but Lotus shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control. Buyer agrees that in such events Lotus may allocate products among all purchasers as it deems reasonable, without liability. Lotus reserves the right from time to time to substitute a product with a product that has the same function as such product, or to delete a product. The products are sold subject to Florida law. These terms and any dispute or claim relating to these terms or the sale of products ("Claim") shall be governed by and construed under Florida law, notwithstanding its law of conflicts of law. The only allowable forums for settling of disputes are the appropriate county or state courts physically located in Sarasota County, Florida. No other forums or courts shall have jurisdiction to hear the suit. Lotus shall promptly deliver written notice or verbal, followed by written, notice of any recall of Product. Lotus shall replace, to the extent reasonably possible, any such recalled Products as soon as practicable with comparable Products not subject to such recall. Buyer may not change, adulterate, obscure, remove or deface trademarks, tradenames or labels appearing on any Product of Lotus. In all cases, all intellectual property rights in and to, and all technology relating to, the Products supplied to Buyer, their design and all improvements thereto or thereof, whether or not such Product, design or improvement is made pursuant to Buyer's specifications or at Buyer's expense, shall be and remain the exclusive property of Lotus unless otherwise agreed in writing. Any knowledge or information that Buyer may disclose to Lotus shall not be deemed to be confidential or proprietary information, and shall be acquired by Lotus free from any restriction unless agreed to in writing. Lotus shall not in any event be liable to buyer for any indirect, incidental, special, punitive or consequential damages (including any damage for lost profits), or otherwise arising out of or in connection with furnishing of products, parts or service hereunder, or the performance, use of, or inability to use any products, parts or service, or otherwise, whether based in contract, warranty, tort, including without limitation, negligence, or any other legal or equitable theory. Lotus's total liability for any claim or action shall not exceed the purchase price of the products out of which such claim or action arose. Buyer shall purchase the products for its own use only, and shall not resell the products to any other party. Buyer represents it has examined the products and that they are acceptable and clinically suitable for its intended purposes. Credit & Payment Terms – These shall be as stated in the proposal. However, the granting of credit or the payment terms can be changed by Lotus Mixers Inc., without cause by Lotus Mixers if it perceives that credit worthiness or payment is questionable in its sole opinion.. Payments are due per the quotation issued by Lotus Mixers, Inc. Late payments are subject to penalty interest at the rate of 1-1/2 percent per month or partial month after the due date until the funds are received. Unless agreed otherwise in writing, invoices are due up on presentation by email or mail. Withholding of part or whole of payment is not permitted under this agreement and may such cancelation of the warrantee and is subject to penalty interest/ Waiver: If any article in these terms and conditions is found to be unlawful or is waived by Lotus, all other terms and conditions shall still pertain. Manufacturing time The quote and acceptance of the purchase order has a specific time frame for manufacturing based upon existing conditions. It also assumes that the drawings will be approved and returned approved for manufacturing by the customer within ten days of transmittal by Lotus Mixers. As circumstances change, if they are returned late, manufacturing may take longer than agreed. This overrides any other consideration in the quote, correspondence, agreement or purchase order Shipping: Freight charges will be prepaid when orders are shipped via a transportation mode and carrier selected by Lotus unless otherwise agreed. Unless otherwise stated in an agreement, shipment shall be from the place indicated in the quote or emails to a location designed by the buyer. When expedited delivery, specialized service, or alternate transportation modes are requested, or if requests are inconsistent with efficient distribution practices, an additional charge to cover the premium expense will be added to the invoice. Inside deliveries or multiple deliveries are subject to additional charges based on current common carrier rates or hourly rates. Buyer shall promptly unload each shipment upon arrival. Proof of Delivery: Lotus will provide proof of delivery upon request. If excessive proofs of delivery are requested, Lotus may charge a service fee to offset its administrative costs. Damage or Loss in Transit: Identity of items and extent of damage or loss must be noted on Buyer's copy of delivery document by the agent of the transportation company. If damage is discovered after receipt of shipment, notify the transportation company immediately and request that inspection be made and an inspection report rendered. Concealed shortages or damages must be reported to Lotus within 72 hours of delivery or credit will not be allowed. This claim request must be accompanied by a delivery receipt or an inspection report upon which the transportation company has properly noted such damage or loss. Send copy of carrier freight bill to Customer Support indicating item and quantity damaged or not received. Count and inspect your freight before carrier departs. Damaged merchandise should not be accepted. Please forward all information to Attn: LOTUS, 3449 Technology Dr. #201., North Venice, FL 34293 (941) 966-1885 or info@lotusmixers.com (Preferred). Please do not use FAX. For Order Placement: Lotus welcomes orders either by telephone (subject to written confirmation), electronically, express or mail. For telephone orders, please call (941) 966-1885.