JKE WORKS, INC. Terms & Conditions
These terms and conditions (“Terms and Conditions”) accompany JKE WORKS, INC.’s Purchase Order and Work Order, if accepted as is along with the Purchase Order/Work Order, form the complete agreement between JKE WORKS, INC. and Customer (“Agreement”). Customer is deemed to accept these Terms and Conditions by a written or electronic acknowledgment of accompanying Purchase Order/Work Order or by commencement of work as contemplated by this Agreement. Acceptance hereof by Buyer supersedes, nullifies and voids any other terms, conditions, representations, understandings, in oral or written form with respect to the Purchase Order(s)/Work Orders referencing this Agreement.
GENERAL TERMS AND CONDITIONS
- The warranties set forth herein are expressly in lieu of any and all other warranties and obligations either expressed or implied, including warranty of merchantability, fitness or suitability for any purpose.
- Authority to Execute: The person signing this agreement (“customer”) has actual authority to authorize JKE WORKS, INC. to undertake and perform all services requested, contemplated, or deemed necessary as determined by the work order attached hereto.
- Scope of Services: Services include, but are not limited to, the furnishing of labor, parts, materials, appliances, and supplies for the work requested in the Work Order. Services do not include freight charges, fuel surcharges, and any applicable government taxes or fees, which may also become due and payable.
- The customer will be required to provide JKE WORKS, INC. such information as date of installation, nature of defect and any other information to allow JKE WORKS, INC. the opportunity to meet vendor’s warranty requirements.
- Right of Possession: JKE WORKS, INC. is entitled to payment for all services performed on the Work Order. Until such time as the total amounts owed have been paid, JKE WORKS, INC. has a right to maintain possession of all items related to and included in the work order. Upon full payment for all services performed, JKE WORKS, INC. shall release the items to the customer or any other person so designated, in writing, by the customer.
- Unless otherwise agreed upon in writing, payment for services are due and payable upon demand. If payment in good funds is not tendered to JKE WORKS, INC. within thirty (30) days from the time that fees for services become due and payable, JKE WORKS, INC. is entitled to file and record a mechanic’s lien for payments due, which may be enforced in accordance with applicable Florida Statutes. This contract is in no way intended to waive the application of Florida’s lien statutes. JKE WORKS, INC. is not liable for any damages caused by delay in delivery of product or service when the delay is due to failure to make full payment when due.
- Lien Enforcement: If, prior to the time that full payment for services has been made, JKE WORKS, INC. elects, in its sole and exclusive discretion, to release possession of the part(s), the parties mutually agree that this release of possession constitutes a good and valuable benefit in favor of the customer. For consideration of this benefit, the parties mutually agree that the customer knowingly and intentionally waives any right to contest the validity of any mechanic’s lien recorded pursuant to Florida law due to JKE WORKS, INC.’s failure to have actual possession of the part(s) at that time.
- Fees for Storage: In the event that JKE WORKS, INC. is required to maintain possession of the items due to nonpayment of services, JKE WORKS, INC. is entitled to collect a fee for storage equal to that amount JKE WORKS, INC. customarily charges for storage of a part of like type, commencing upon default of the demand for amounts due and owing. JKE WORKS, INC. shall thereafter be entitled to maintain and enforce a lien for storage in accordance with applicable Florida Statutes.
- No Bailment: No bailment is created by JKE WORKS, INC.’s possession of the part(s). The customer bears the risk of loss of the part(s) due to unforeseen hazards or events. JKE WORKS, INC. shall not be liable for any failure to perform services due to causes beyond its control, including but not limited to strikes, lockouts or other labor difficulties, machinery breakdowns, inability to obtain transportation, delays of carriers or suppliers, fires, floods, acts of God, acts of terrorism, war or other outbreaks of hostilities, and any foreign or domestic embargoes. Under no circumstances shall either party be liable to the other party for indirect, consequential, special, or exemplary damages, whether in contract or tort (including strict liability and negligence) such as, but not limited to, loss of use or diminution in value.
- No Waiver: The failure of JKE WORKS, INC. to immediately enforce any provision, right, or remedy of this contract does not waive the right of JKE WORKS, INC. to enforce the provision, right, or remedy at some later time, nor does it preclude the right of JKE WORKS, INC. to enforce any other provision, right, or remedy of this contract. The failure of JKE WORKS, INC. to immediately collect payments when due is not a waiver of any amounts due and owing, and the acceptance of partial payments does not mean that JKE WORKS, INC. has waived the right to collect the full amounts due and owing.
- Contract Construction: In interpreting this contract, the parties agree that it should be interpreted as if neither party had drafted it for its own benefit, such that there is no presumed bias in favor of, or against, either party.
- Severability: If a court of competent jurisdiction determines that any section of this agreement is not enforceable, or otherwise void or illegal, the remainder of the agreement shall remain in full force and effect, and the parties remain bound by its provisions.
- Applicable Law: This agreement is to be construed in accordance with Florida law.
- Dispute Resolution: Any disputes arising under this agreement, including claims regarding actions leading to the execution of this contract, or for any services performed hereunder, shall be resolved by adjudication in the civil courts of Orange County, Florida. The parties agree to waive a jury trial in any such litigation.
- In no event shall JKE WORKS, INC. be liable for resultant damage, consequential damages or loss of use.
- Attorney’s Fees: If JKE WORKS, INC. is required to take any action to enforce the provisions of this agreement, Customer agrees to compensate JKE WORKS, INC. for the incursion of any court costs and attorney’s fees. Attorney’s fees include appellate fees.
JKE WORKS, INC. PARTS LIMITED WARRANTY
PARTS MANUFACTURED/REPAIRED/OVERHAULED BY OTHER COMPANIES
- JKE WORKS, INC. warrants only parts manufactured, repaired, and/or overhauled by JKE WORKS, INC. Purchaser must look to other companies for parts manufactured, repaired, and/or overhauled by them, even if JKE WORKS, INC. installs said parts.
- NOTE: Purchaser must approve in advance all parts purchased and installed by JKE WORKS, INC. on behalf of Purchaser, who will also receive in advance warranty details provided by the other companies.
REPAIR/OVERHAULED PARTS
- JKE WORKS, INC. warrants repaired parts to be free of defects in workmanship for 30 days and overhauled parts for 90 days from date of invoice. Parts found to be defective must be returned within the warranty period.
- This warranty is limited to repair, replacement or refund of purchase price, at JKE WORKS, INC.’s discretion.
- All freight, labor, resulting damage or related costs caused by the defective part will not be covered unless specifically agreed to in writing by an authorized JKE WORKS, INC. Representative.
- The cost of removal and installations must be paid by the customer.
- Purchaser is required to provide JKE WORKS, INC. such information as the date of installation, hours in service, nature of defect and any other information to allow JKE WORKS, INC. the opportunity to meet vendor’s warranty requirements.
- The warranty is void if the unit shows signs abuse, alteration(s), broken seal(s), improper installation(s) or packaging inadequate for the protection of the item returned by shipment.
- If a part is returned for warranty and it is determined that the warranty is denied, customer will be billed for all incurred costs.
MATERIAL RETURN POLICY
- All returns for credit or refund must be accompanied by a return authorization number provided by JKE WORKS, INC. Items returned for credit or refund will be billed a restocking fee.
GENERAL CONDITIONS
- All units are to be shipped prepaid to JKE WORKS, INC. in an appropriate shipping container to avoid damage during transit.
- Shipments requiring counter to counter service will be billed all shipping cost in addition to a special handling charge of $75.00.
- Any assessed HAZMAT fees will be added to and included in the final invoice.
- JKE WORKS, INC. reserves the right to make changes in or additions to in its policies without prior notice to its customers.
- All first orders will be billed C.O.D. unless credit terms are pre-arranged.
- After 30 days, all unpaid balances are subject to 1.5% per month / 18% annual percentage rate and the account will be placed on a C.O.D. basis.
CUSTOMER-SUPPLIED PARTS
- Parts supplied by customers will be subject to a handling fee of 15% of original equipment manufacture (OEM) pricing, not to exceed $5,000.00.
- JKE WORKS, INC. will not be liable for any labor on customer-supplied parts that fail to operate correctly.
- Customer-supplied parts must be accompanied with all approved documentation prior to installation.
- Cores for customer-supplied parts are the sole responsibility of the customer once returned to the customer. JKE WORKS, INC. is not liable for any charges assessed for customer supplied parts.
JKE WORKS, INC. LABOR WARRANTY
LABOR FOR PARTS INSTALLED
- JKE WORKS, INC. warrants all labor to be free of defects in workmanship for thirty (30) days for overhauled units and ninety (90) days for overhauled units from the date work performed.
- All labor rework will be completed at the JKE WORKS, INC. facility and is covered in full by JKE WORKS, INC.; all expenses incurred for rework completed at a different facility will be covered by the customer.
- Purchaser will be required to provide JKE WORKS, INC. such information as date of installation, hours in service, nature of defect and any other information to allow JKE WORKS, INC. the opportunity to meet vendor’s warranty requirements.
- The warranty is void if the unit shows signs of abuse, alterations, broken seals, improper installations or improper packaging for shipment.
- If a part is returned for warranty and it is determined that the warranty is denied, customer will be billed for all incurred costs.
LIMITATION OF LIABILITY
JKE WORKS, INC.’S LIABILTY ON ANY CLAIM OF ANY KIND, INCLUDING BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR OTHER CONDUCT, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR FROM THE PERFORMANCE OR BREACH THEROF, OR FROM THE SALE, DELIVERY, RESALE, OR REPAIR OF ANY GOODS COVERED BY OR FURNISHED UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE WORK, GOOD, OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL JKE WORKS, INC. BE LIABLE FOR ANY FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS. THE LAWS OF SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS ON WARRANTIES OR REMEDIES. IN THE EVENT SUCH A LAW APPLIES, THE FOREGOING EXCLUSION AND LIMITATIONS ARE AMENDED INSOFAR, AND ONLY INSOFAR, AS REQUIRED BY SAID LAWS