Use of Site
You are authorized to view and download the materials at this Web site only for your personal, non-commercial use and you must retain all copyright and other proprietary notices contained in the original materials. You may not change the materials on this Web site in any way. You may not reproduce or publicly display, or distribute or otherwise use the materials on this site for any public or commercial purpose without advance permission. The materials at this site are copyrighted and protected by worldwide copyright laws and treaty provisions. Any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. This Agreement may be revised at any time, so check this Agreement periodically
You are entirely responsible for all content that you upload, post, or otherwise transmit to the Lee Patterson Co. Web site. Postings to and communications with the Lee Patterson Co. Web site are not private in that you grant us the unrestricted right to use any material you supply or communicate to the Lee Patterson Co. on the Lee Patterson Co. site. Personal information supplied through submission registration will be retained on the Lee Patterson Co. site only for content purposes and is not intended for any third parties. Please see our privacy statement for further information. Lee Patterson Co. maintains editorial control over the information submitted by visitors to the Lee Patterson Co. site and reserves the right to edit any submitted material.
Links to Other Web Sites
All information, data, text, messages, postings, or other materials including links to other sites, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the content originated. Due to the nature of the Internet, you may be exposed to content that is offensive, indecent, sexually explicit or objectionable. The Lee Patterson Co. Web site does not control any content posted on other sites and does not guarantee the accuracy, integrity or quality of such content.
Disclaimer and Limitation of Liability
Although we have attempted to provide accurate information on this web site, Lee Patterson Co., it’s owners, and it’s employees assume no responsibility for the accuracy of this information. Lee Patterson Co. may change content, programs or products at any time without notice.
ALL MATERIAL FROM OR THROUGH THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. IF YOUR USE OF THE INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Some states and foreign countries do not allow the exclusion of implied warranties so the above exclusions may not apply to you.
The above conditions apply to all visits to the Lee Patterson Co. Website, both now and in the future.
General Terms & Conditions of Sale
OFFER OF SALE
1. Entire Agreement. It is expressly understood and agreed that when completing a transaction on this website for equipment or services being offered. The Purchaser, hereafter referred to as “Purchaser”, agrees to abide by the terms and conditions of sale or repair in all transactions between Lee Patterson Co., Inc., hereafter referred to as “LPC”. The invoice side and these terms and conditions are hereinafter collectively referred to as the “Agreement.” This Agreement supersedes all prior negotiations, correspondence, representations or statements by the parties. No variations from or additions to these terms and conditions shall have any effect unless accepted in writing by an authorized representative of LPC. LPC’s price lists, catalogues and other advertising material shall not form a part of this Agreement. LPC will not be bound by any promises, representations or inducements made by any agent or employee of LPC which may be in conflict with the terms and conditions of this Agreement. Any different, conflicting or additional terms which may be contained in or referred to in a purchase order submitted by Purchaser shall not be applicable to or a part of this Agreement unless agreed to in writing by LPC. The terms and conditions of this Agreement may not be modified or altered except by written document signed by both parties. 2. Payment. Unless otherwise agreed in writing, Purchaser shall make payment at the time of shipment or pickup at LPC’s facility. All payments must be in US Dollars. LPC shall have the right of set-off and deduction for any sums owed. Deposits for special order items are required and non-refundable. 3. Taxes. LPC shall apply all lawful state, federal and local taxes to the amount of all invoices and the Purchaser shall be liable for payment of these taxes unless the Purchaser provides LPC with a valid State of Florida Sales Tax Certificate. If the purchase is for goods or services for export outside the continental United States, the Purchaser shall supply LPC with a valid tax exemption certificate, or an airway bill or ocean bill of lading acceptable to LPC as proof of intent to export. 4. Quotations. Prices and terms on quotations are subject to change without notice. All quotations expire after 30 days unless specifically extended in writing. The prices and terms on quotations are not subject to verbal changes or other agreements unless approved in writing by our office. All quotations and agreements are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based upon costs and conditions existing on date of quotation and are subject to change by the Seller before final acceptance. Typographical and stenographic errors are subject to correction. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser’s specifications. 5. Freight Policy. Unless otherwise stated, freight and shipping fees will be charged for shipments to a Purchaser’s place of business anywhere in the contiguous United States, using a carrier of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Any extra charges incurred for additional services, such as Purchaser’s carrier or special handling by the carrier, must be paid by the Purchaser. Risk of loss or damage to the equipment shall pass to Buyer F.O.B. manufacturer’s plant. Buyer will keep the equipment insured to the full purchase price with Lee Patterson Co. as the named loss payee and LPC retains a security interest in the goods until the purchase price is paid. 6. Claims. Shortages or damaged merchandise delivered to the Purchaser by our trucks will be LPC’s responsibility, and the Purchaser must notify LPC within 24 hours or receiving merchandise. Any shortages or damaged merchandise shipped by the manufacturer or by common carrier is not the responsibility of LPC and the Purchaser must file a claim directly with the carrier. All claims must be accompanied by this invoice. 7. Return of Goods. To return merchandise for credit or refund the Purchaser must first obtain a RETURN GOODS AUTHORIZATION (RGA) from LPC. This form can be downloaded from our website at www.leepatterson.com or by calling Customer service at 407-422-4567 and requesting an RGA form. All returns must be returned freight pre-paid. All returns for credit or refund, unless defective, are subject to a restocking fee of twenty percent (20%). Absolutely no returns will be accepted without prior and proper authorization. Electrical components are not returnable. Special order items may not be returnable. All returns must be accompanied by the invoice for the merchandise. Merchandise that is custom modified, installed, used or custom manufactured cannot be returned. 8. Credit Balances. Purchaser agrees that any credit balances issued will be applied within one year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND LPC SHALL HAVE NO FURTHER LIABILITY. 9. Security Interest. Purchaser hereby grants to LPC a security interest in any merchandise, now owned or hereafter acquired, by Purchaser from LPC to secure the payment of the sums due under this Agreement. LPC is hereby authorized to file and record such UCC financing statements as LPC may require to perfect such security interest. 10. Shipping Information and Dates. LPC shall not be in default nor liable for any expense, loss or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or manufacturing equipment breakdown. In the event of such delay, the price and other affected terms of the purchase order shall be adjusted to reflect the impact of any delay. Failure to meet shipping dates or shipping deadlines does not entitle Purchaser to cancel the order to claim a breach of this Agreement, provided that LPC proceeds in good faith to meet the shipping dates, or if shipping dates cannot be met, to ship as soon as reasonably possible thereafter. 11. Inspection and Acceptance of Goods; Returns. Purchaser agrees to inspect any goods sold by LPC to Purchaser within seven days of receipt and to promptly report any damage to LPC. Purchaser further agrees to inspect the goods within seven days of receipt to determine whether any defects exist which would justify Purchaser not accepting the goods. For any claims for defective goods (where the defect can reasonably be determined by inspection) Purchaser must give LPC notice of the defect in writing within seven days of delivery completely describing the nature of the defect. Otherwise, Purchaser will be deemed to have waived any objections based upon such defects and will be deemed to have accepted the goods. LPC shall have the right to settle claims as it deems proper, either by replacement of parts, repair or credit. No goods shall be returned for credit without LPC’s written permission. 12. Limited Warranty. All products sold are warranted by LPC only to Purchasers for resale or for use in business or original equipment manufacture, against defects in workmanship or materials under normal use for one year after date of purchase from LPC, unless otherwise stated. Any part which is determined by LPC to be defective in material or workmanship and returned to an LPC branch or authorized service location, as LPC designates, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced at LPC’s option. 13. Warranty Disclaimers. IN NO EVENT SHALL LPC BE LIABLE FOR LOST PROFITS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, WHETHER DIRECT OR INDIRECT, INCURRED BY PURCHASER AS A RESULT OF ANY DEFECT IN THE PRODUCTS SOLD PURSUANT TO THIS AGREEMENT, REGARDLESS OF WHETHER PURCHASER’S CLAIM IS IN WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE. THE OBLIGATION OF LPC IN THE EVENT OF THE FAILURE OF GOODS TO CONFORM TO ANY WARRANTY, IF ANY, IS LIMITED TO PROVISION OF REPLACEMENT PARTS, BUT NOT INSTALLATION OR LABOR, OF PARTS DAMAGED THROUGH DEFECT IN MATERIALS OR WORKMANSHIP PROVIDED THAT SUCH DAMAGES IS REPORTED TO LPC WITHIN THIRTY DAYS FOLLOWING DELIVERY. THE MAXIMUM LIABILITY OF LPC, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, SHALL BE THE PURCHASE PRICE FOR THE GOODS. EXCEPT AS OTHERWISE AGREED TO IN WRITING BY LPC, LPC MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY GOODS SOLD BY LPC TO PURCHASER, WHICH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. IN OTHER WORDS, THE SALE OF THE GOODS FROM LPC TO PURCHASER IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS.” 14. Default. The occurrence of any of the following events shall constitute an event of default under this agreement: (i) Non-payment by Purchaser of any payment when due, (ii) the failure of either party to perform any of the terms or conditions of this Agreement which is not cured within a reasonable time after written notice to the other party, or (iii) either party ceases doing business as a going concern, is insolvent, makes an assignment for benefit of creditors, admits in writing its inability to pay its debts as they become due, files a voluntary petition seeking any reorganization, arrangement or composition, under any present or future state or federal laws or regulations, or is adjudged a bankrupt. 15. LPC’s Remedies. If Purchaser defaults under this Agreement, LPC may, at its option, exercise any or all of the following remedies, in addition to or in lieu of any other remedies provided by law: (i) Declare all monies owed at that time under this Agreement or under other agreements between LPC and Purchaser immediately due and payable, (ii) Cease performance under this Agreement or any other agreement between LPC and Purchaser, including but not limited to, the shipment of any additional goods which LPC is otherwise obligated to ship under this Agreement or any other agreement between LPC and Purchaser, or (iii) Without demand or legal process, enter into the premises where any goods sold by LPC to Purchaser (for which the purchase price has not been paid) may be found and take possession of and remove the goods without liability therefor. Upon LPC regaining possession, all Purchaser’s rights in such goods shall terminate absolutely. Purchaser hereby grants to LPC a purchase money security interest in all good purchased by Purchaser from LPC. For any payment due under this Agreement which is not paid when due, interest shall accrue from the due date at the rate of one and one-half percent per month, or the maximum amount permitted by law, whichever is less. LPC’s failure to take immediate action to enforce its rights and remedies in the event of default shall not be deemed a waiver of any such rights or remedies provided in this Agreement. 16. Costs and Attorneys’ Fees. The prevailing party in any litigation between LPC and Purchaser shall be entitled to recover all of its costs, legal expenses and reasonable attorneys’ fees, including all appeals, from the non-prevailing party. 17. Applicable Law and Venue. This Agreement shall be deemed to be entered into in the State of Florida and the laws of the State of Florida shall govern the validity, interpretation and enforcement of this Agreement. Venue and jurisdiction of any action or proceeding arising out of this Agreement shall lie exclusively within the state courts of competent jurisdiction located in Orange County in Florida. Purchaser hereby consents to such jurisdiction and waives any other venue. Purchaser hereby waives any right of removal to United States District Court. 18. Waiver of Right to Jury Trial. THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY OTHER INSTRUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.