TERMS & CONDITIONS

Taxes

Prices on the specified products are exclusive of all city, state, and federal excise taxes, including, without limitation, taxes on sales, use and similar taxes.  Wherever applicable, any taxes will be added to the invoice as a separate charge to be paid by the Customer.

Terms of Payment

A 50% deposit to XLT is required and the remaining 50% of the balance is due before the order will ship from the factory.  Any delays in payments will result in delays of shipping.

Utilities / Preparation

Customer warrants that by the time of the ship by date, the gas, electric, and HVAC utilities will be prepared in accordance with all applicable federal, state or local building and/or mechanical gas, electric, HVAC, plumbing, or fire ordinances or codes. Customer shall immediately notify XLT in advance of any delays or problems in having the location prepared.

Delivery

Terms shall be FCA-XLT Dock (Incoterms 2010).  Customer shall pay freight charges on all shipments by XLT’s regular method of shipment or other carrier.  XLT reserves the right to control the routing.  Special handling charges by carrier shall be paid by Customer.

Installation

Installation consists of Assembly, Hook-Up, and Start-Up.

  • Assembly

Assembly is defined as when XLT products are physically moved into the buyer’s facility (store), stands assembled, ovens assembled and set in place, and/or hood temporarily placed on ovens, and shrouds hung per instructions provided in the Installation and Operation Manual.  Store owner is responsible for removing all protective materials from the products and suspending the exhaust hood from the building structure.

  • Hook-Up

Hook-Up is defined as when fuel gas, electricity, exhaust ducts, and the fire suppression system are connected to XLT products.  Hook-Ups may require a Permit and Code Inspection.  The store owner is responsible for all coordination and costs incurred.  XLT is not a licensed contractor, and therefore cannot perform the Hook-Up function.

  • Start-Up

Start-Up is defined as gas pressure and leak testing, verification of oven and/or hood function, and adjustments as required after oven(s) and/or hood have had Hook-Ups completed.  This procedure is outlined and supported by the Start-Up Checklists provided in the Installation and Operation Manual.  A copy of the Start-Up Checklist is required to be completed and submitted to XLT to assure the warranty is activated.  The store owner is responsible for ensuring the Start-Up Checklists are completed and returned to XLT.

Delays

XLT will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Customer by reason of such delay, if such delay is, directly or indirectly, caused by, or in any manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond its control.  Customer shall indemnify and hold XLT harmless from all loss, costs, damages, cost proceeding, suits and claims arising from or in connection with Customer’s delivery, service or installation of product.

Nonconformity

All goods made by XLT are inspected before shipment, and should any of such goods prove defective due to faults in manufacture, or fail to meet the written warranty accepted by Customer, Customer shall not return the goods, but shall notify XLT immediately, stating full particulars in support of its claim, and at XLT’s discretion, XLT will either repair or replace goods.  XLT may request the return of the defective or unsatisfactory goods.  UNDER NO CIRCUMSTANCES SHALL XLT BE LIABLE FOR CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES IN CONNECTION WITH OR BY REASON OF THE USE OF OR INABILITY TO USE GOODS PURCHASED FOR ANY PURPOSE.

Returns

No parts returns after 30 days of original purchase date.  Customer to pay all related shipping costs on all Returned Goods.

Usage

Customer, and its personnel, shall read and understand the Installation and Operation Manual prior to the operation of the product(s) and shall familiarize themselves with the safety and hazard information also provided.  Customer shall always operate the product(s) in compliance with such manual and insure its personnel observe all provisions of the manual.  Customer will clean and maintain the product(s) in conformance with the manual.

Warranties

The product warranties are defined in the Warranty Policy statements which are available upon request, at xltovens.com, or in the Installation and Operation Manual.

Controlling Provisions

These terms and conditions shall supersede any provisions, terms and conditions, or other writing Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.

Quotation and/or Sales Order Form

If the XLT Quotation and/or Sales Order Acknowledgement is accepted, and Customer’s order form is used for the sale, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in Customer’s order form, and the issuance of Customer’s order form shall be deemed to note Customer’s assent to the foregoing.

Storage

Customer shall pay storage fees of goods held more than one (1) week longer than the requested shipping date.  Customer agrees to a charge of one percent (1%) per week of the total invoice as added storage fees.

Cancellation

If an order is cancelled, payment must be made to cover all work performed up to the date of cancellation (i.e., outside charges, actual engineering and drafting hours, plus a reasonable percentage of the order to cover overhead, sales and administrative costs).  A minimum cancellation charge of 10% will be applicable to each order in the event of cancellation.

Choice of Law and Jurisdiction

All transactions shall be governed by and construed under the laws of the State of Kansas and any suit to enforce any of the terms hereof shall be brought in the District Court, County of Sedgwick, State of Kansas and for this purpose, each party hereby expressly and irrevocably consents to the jurisdiction of said court.

Order Changes

Customer may at any time, by written notice, change their order up to the time the Sales Order Acknowledgement has been signed and returned to XLT.  This will result with no additional charges.  Changes made to orders after the Sales Order Acknowledgement has been signed will be assessed a fee of $250 USD.