ThermX Southwest Terms & Conditions

This website is operated by ThermX Temperature Technologies Inc. doing business as ThermX Southwest. By using this website, you agree to be bound by the terms, conditions, and policies set forth here. Please read them carefully before using this website. We may change these terms and conditions periodically to reflect the changing business needs and demands. It is the responsibility of a user to return to this page to review the changed terms and requirements. Your continued use of this website after the posting of changes to these Terms and Conditions constitutes acceptance of the changes. If you do not agree to these Terms and Conditions, do not use this website.

Governing Law

These Terms and Conditions are governed by, and will be construed in accordance with, the laws of the State of California. By using this website and accepting these Terms and Conditions, you (a) submit to personal jurisdiction in the State of California for any action arising out of or in connection with these Terms and Conditions; (b) waive any and all personal rights under the laws of any state to object to jurisdiction within the State of California; and (c) agree that for any cause of action arising out of or in connection with these Terms and Conditions, venue is solely proper in San Diego County, California, and that all actions brought under these Terms and Conditions must be brought in the state courts of San Diego County, California. If any provision described in this agreement is deemed unlawful, void, or unforeseeable for any reason, then the provision will be severed from the agreement. It shall not affect the enforceability and validity of the remaining provisions.

Copyright and Trademark Notice

The ThermX Southwest name and logo are trademarks, service marks, registered trademarks, or registered service marks of ThermX Temperature Technologies Inc. and may not be used without written authorization. Other trademarks on this website are the property of their respective owners. ThermX Southwest does not grant you any express or implied right under any patent, copyright, trademark, service mark or trade secret.

ThermX Southwest's Liability

In no event shall ThermX Southwest, its suppliers, or any third parties mentioned on the website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contract, tort, or any legal theory, and whether or not ThermX Southwest is advised of the possibility of such damages. You will indemnify and hold ThermX Southwest, its officers, and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from your use of this website or your breach of these terms and conditions. ThermX Southwest reserves the right, but undertakes no duty, to monitor the use of this website. ThermX Southwest reserves the right to modify the contents of this website or restrict access to this website at any time without notice. ThermX Southwest also reserves the right to change the availability of this website or withdraw the site or all the products and services offered on the site at any time.

Warranty

ThermX Southwest (ThermX Temperature Technologies, Inc.) products and related parts are sold under the foregoing warranties, which extend only to the first buyer of said products as new merchandise directly from ThermX Southwest or from an authorized distributor, representative or reseller. All third-party manufacturer products listed on the website are backed with respective manufacturer's warranty. Engineered products and related parts manufactured by ThermX Southwest are warranted to be free from defects in workmanship and material at the time of manufacture and will conform to specifications set forth in relevant ThermX Southwest catalog pages for such products. This warranty does not cover deterioration from normal wear and tear, exposure to corrosive materials, exposure to temperatures or pressures in excess of those recommended, excessive vibration, forces, or abrasion which cause deformation of component parts. Suitability of product for the customer’s application rests with the customer; ThermX Southwest does not warrant suitability of its products for the application chosen by the customer. ThermX Southwest sells products only under the above terms and conditions, which are expressly in lieu of all other warranties whatsoever, expressed, implied or statutory, including without limitation the implied warranties of merchantability and fitness for a particular purpose. ThermX Southwest will not be bound by terms and conditions stated by any purchaser in any offer, acceptance, or other contractual document, nor shall purchaser be entitled to incidental, special or consequential costs, expenses or damages excepting only the repair or replacement described above.

Refund/Return Policy

If an item is damaged during shipping, the Seller is not responsible. ThermX Southwest's sole and exclusive obligation and the purchaser's sole and exclusive remedy under the above warranty is limited to repair or replacement, at ThermX Southwest's discretion. All claims hereunder shall be deemed waived unless made in writing, within thirty days of delivery, to ThermX Southwest's main office (7370 Opportunity Road, Suite S, San Diego, CA 92111), and which, if so advised by ThermX Southwest, are returned to the designated facility during normal business hours, transportation prepaid, and which, upon examination by ThermX Southwest, are found to be non-compliant with the above warranty.

Defective Returns

Damaged or defective products will be accepted for repair or exchange at ThermX Southwest’s discretion, within 30 days of the date of shipment delivery. We may choose not to provide any credit or refunds after 30 days. The manufacturer's warranty terms will apply in the case of branded products. Most manufacturer warranties, including ThermX Southwest’s, only cover defects due to workmanship. If the returned product is found to be non-defective, once a member of the Technical Support Staff at the manufacturer’s end has inspected it, we may charge a restocking fee and non-product related fees. Handling and shipping fees are non-refundable. Used products or customized products are not returnable, except for the purpose of seeking a warranty. Customized products are made-to-order products built to customer's specifications. Products that are damaged during shipping or missing items must be immediately reported to ThermX Southwest, within 24 hours of receipt of the order. Our team will contact the shipping company for visual inspection of the box and merchandise. Always inspect the order at the time of receipt before signing off with the delivery person. Any damage that has occurred during the shipment must be noted with the delivery person to file damages claim. Any failure to do so may result in rejection of the claim. Always keep the original merchandise and packaging as received. It is recommended to file the damage claims with the freight carrier before approaching us.

Warranty Disclaimer and Limitations on Liability

ThermX Southwest shall under no circumstances be liable for incidental, special, punitive, or consequential damages, even if advised of the possibility of any such damages. The maximum liability for all damages shall be limited to an amount not exceeding the product's purchase price. All products are sold "as is". Please check the manufacturer’s packaging for compatibility. This disclaimer does not affect the terms of any applicable guarantees or warranties offered by the manufacturer.

Shipping Policies

Unless otherwise specified, ThermX Southwest’s delivery policy is Free-On-Board (FOB) at the Shipping Point (San Diego). Title to purchased goods is passed from ThermX Southwest to the customer at the time of shipping; as such, the customer takes full liability for the validity of the delivery address provided at the time of purchase and any loss arising due to forwarding the shipments to a new address. If an item is damaged during shipping, the seller will not be held responsible. Supplier shall enclose a packing slip, not showing prices, in each container; and, on shipments not so accompanied, Purchaser's count or weight shall be conclusive. Purchaser's order number, Supplier's name, packing slip number, piece number, and other identification as Purchaser may require shall appear on all containers, invoices, correspondence, bills of lading and other shipping papers, and where Supplier and Shipper are not the same, the names of both shall be shown thereon. Shipping costs may double if shipping internationally and include all taxes and duties. Unless otherwise provided in the contract, no charge shall be made for boxing or packaging. Except as otherwise required by law or government regulations, all containers to be returned to Supplier shall be shipped on a no-charge basis, with Supplier's name and address and demand for return plainly marked thereon and will be paid for by Purchaser only if so marked and not returned within a reasonable time. While ThermX Southwest does its best to ship all orders as accurately as possible, it holds no liability for late or delayed shipments or system failures outside of the reasonable control of ThermX Southwest.

Changes

Each party may at any time propose changes in the schedule or scope of products or services. The Seller is not obligated to proceed with any change until both parties agree upon such change in writing. The written change documentation will describe the changes in scope and schedule, and resulting changes in price and provisions, as agreed. An item may be cancelled on the condition it is re-sellable with a 25% restocking fee. All custom orders cannot be cancelled once they have been processed.

Payment

We accept cash, check, VISA, MasterCard, American Express, ACH and wire transfer. All credit card orders will be charged a 3% processing fee. All international orders have a $500 minimum and must be paid via wire transfer at time of order. Unless terms for net 30-day payment have been discussed and agreed upon, credit cards will be charged on the day of product shipment. If the shipping address differs from the billing address, you may be required to provide additional information for verification. A service charge of 1.5% per month (18% annually) will be made on all past due invoices.