IN USING THIS WEBSITE AND BY COMPLETING A PURCHASE OF ANY PRODUCT, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:
In General The following terminology applies to these Terms and Conditions and any and all Agreements. “You” and “Your” and “the Customer” refers to you, the person accessing this website and accepting these Terms and Conditions. “We” and “Us” refers to NewACUnit.com, LLC, an Arizona limited liability company (“NewACUnit.com”).
This document governs your relationship with NewACUnit.com. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Prohibitions You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and NewACUnit.com is entitled to report any such breach to the relevant law enforcement authorities and disclose your identity to them.
NewACUnit.com will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of NewACUnit.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by NewACUnit.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale By placing an order you are offering to purchase a product on and subject to the following terms and conditions:
All orders are subject to availability from the Manufacture, Distributor, and confirmation of the order price. Your selected Contractor will show up on the day of installation with your purchased equipment. ALL SALES ARE FINAL
In order to contract with NewACUnit.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. NewACUnit.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be NewACUnit.com or may in some cases be a third party. Where a contract is made with a third party NewACUnit.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email along with the Receipt and these Terms and Conditions will form the contract for your purchase of the new unit. Only those goods listed in the confirmation e-mail will be included in the contract formed.
(b) Pricing and Availability. While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
(c) Payment. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as payment against the value of the goods you wish to purchase. (d) Security for Payment. Unless otherwise prohibited by law, you agree that NewACUnit.com will retain title to any equipment or materials you have ordered until the debit on your card is finally authorized. You grant NewACUnit.com a security interest in all goods, equipment, attachments and fixtures (hereafter “Collateral”) it supplies in order to secure payment of the purchase price and delivery costs for goods you have ordered. If, for any reason, the debit on your card is declined and the goods are delivered to you, you are obligated to pay the invoice in full immediately or NewACUnit.com has the right to remove all Collateral and shall not be responsible for any damages you suffer as a result of the removal of the Collateral or for the return or installation of any equipment removed or disposed of in order to facilitate completion of the project. You promise to pay the invoiced amount in full, plus all collection costs and legal fees, plus interest at 1.5% per month, to commence on the day the debit to your card is declined.
(e) Installation Guaranty. The licensed contractor you selected will make verbal contact with you within 8 business hours of you placing your order. The Contractor will then schedule a time to inspect your home to assess and measure the exact work required. Installation by your selected contractor will be based on the installer and Contractor availability, and is generally very fast unless there are difficult install scenarios requiring structural changes to your residence. You understand that structural changes are not included in the installing contractor price estimated with your purchase and you will arrange with your Contractor for payment of structural changes or add-on services at the time of inspection. If you have arranged financing for the purchase, installation by your selected contractor will take place immediately after expiration of any period during which you have a right to rescind the contract.
Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law NewACUnit.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect NewACUnit.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law
. Linking to this Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with NewACUnit.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to NewACUnit.com.
Indemnity You agree to indemnify, defend and hold harmless NewACUnit.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation Newacunit.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Newacunit.com is Not a Contractor. NewACUnit.com is not a licensed contractor and this Website in no way is intended to suggest that it offers contracting services. NewACUnit.com is an ecommerce seller of air conditioning units whose role is limited to the sale of construction goods and delivery to the job site alone, and referral to licensed contractors. NewACUnit.com does not have the capacity to undertake, offer to undertake, submit bids to undertake, hold itself out to, or contract for, the installation of construction goods. Contractors connected to this Website operate on a lead generation basis and are not affiliated with NewACUnit.com in any other way. All air conditioning unit installation is to be handled by a third party licensed air conditioning contractor of your choosing. No money is paid from NewACUnit.com to contractors for installation of your unit and no money is paid to NewACUnit.com on behalf of contractors for installation of your unit. The customer is required to pay all installation costs directly to the contractor it has chosen. All orders include a comparable new air conditioning unit and installation. Additional upgrades, add-ons, accessories, or components are not included and will result in additional charges which are optional for the consumer.
Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and NewACUnit.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized officer of NewACUnit.com.