Terms and Conditions of Sale

ACCEPTANCE: A purchase order or completed order form in lieu of PO is required before Sound Seal will begin to process an order. Sound Seal is responsible only for the product specifications, sizes and quantities indicated on original quote and production drawings. All product information must be verified by the customer so as to meet project requirements. All orders issued to Sound Seal are subject to acceptance and are not binding unless and until so accepted. Acceptance of an order constitutes a complete and binding contract governed by the laws of the State of Massachusetts.

PRICES: Sound Seal quotes are valid for a period of 30 days. Orders placed based upon quotes issued more than 30 days ago will be subject to review and possibly price increases.

DEPOSITS: May be required for orders requiring non-standard custom materials, custom engineering or for buyers with unacceptable credit history. First time customers with orders under $5,000 must prepay in full at the time of order. All orders over $40,000 will require a 50% deposit.

TAXES: All applicable taxes are the sole responsibility of the buyer. We collect & remit sales tax in the states of AZ, CA, CO, CT, FL, GA, HI, IA, IL, IN, KY, LA, MA, MD, ME, MI, MN, MS, NC, NJ, NV, NY, OH, OK, SC, TX, VA, WA and WI only. If your purchase is tax exempt in those states, you must submit a resale number and a copy of your State Exemption Certificate. We do not collect & remit taxes in any other state. If your purchase is taxable, you must self-assess and remit to your state directly.

PRODUCTION DRAWINGS: Sound Seal will produce a set of production drawings for final customer approval that is required to be reviewed and returned before any materials are ordered for the job and before an order is released to production for all custom orders. Lead times stated on the quotes begin only after the production drawings have been returned to Sound Seal. Any changes to the quantities, sizes, or scope of the job during the production drawing phase will result in pricing for the job being reevaluated.

DELAYS: Shipment and delivery dates are estimated dates only. Sound Seal shall not be liable for any expenses, loss or damage resulting from delay or prevention of performance caused by fires, floods, Acts of God, strikes, labor disputes, labor shortages, inability to secure materials, equipment or manufacturing facilities, riots, thefts, acts of terrorism, accidents, transportation delays, acts or failure to act of Government or of Buyer, major equipment breakdown, fuel shortages, or any other cause whatsoever whether similar or dissimilar to those enumerated above, beyond the reasonable control of Sound Seal.

CANCELLATIONS: Buyer may cancel prior to shipment, all, or any portion of an order by giving written notice. On receipt of the cancellation notice, work will be stopped as promptly as is reasonably possible, and the buyer will be invoiced for and will pay Sound Seal a cancellation charge computed based on established prices for all completed items. Incomplete items will be invoiced at full cost incurred by Sound Seal for any special materials ordered. Charges may be incurred for CAD and engineering time as well.

FREIGHT NOTES: Freight and shipping charges shown on the quotes are estimated and may change as an order is prepared for shipment.

RECEIVING NOTES: Materials delivered and/or placed in storage, must be stored with protection from the weather, humidity, and temperature variation (temperature of 60-85 degrees F and not more than 70 percent relative humidity) and protected from dirt, dust, or other contaminants. All materials should be placed inside the conditioned room that they will be installed in and given a period of 48 hours to acclimate to the room conditions prior to installation of the product.

CLAIMS FOR LOSS OR DAMAGE: Claims for shortages must be made in writing to Sound Seal within 48 hours of receipt of order. The buyer must thoroughly inspect the shipment received immediately upon delivery. Sound Seal packages all products for shipment with reasonable care and using normal packing material. If freight damage is suspected, it is the customer’s responsibility to provide a bill of lading, marked as damaged, along with photographs of the damaged products to Sound Seal. If a project is customer pick up, claims for loss or damage are the sole responsibility of the customer.

RETURNS: Some standard goods and rolls may be returned, with prior written approval, within 30 days of shipment and are subject to a 20% restocking charge. All returns must be in resalable condition, properly packed and shipped back to the factory with all freight charges prepaid. Custom ordered or fabricated products are not returnable.

WARRANTY: Sound Seal’s warranty to the original buyer is limited in liability that all products are free from defects in material or workmanship for one year from the date of shipment which are used under normal working conditions, and for example would not cover any resultant damages nor the removal or reinstallation of such product Any product which is portable must be returned to the factory prepaid, and which upon examination appears to Sound Seal’s satisfaction to be defective shall be repaired or replaced at Sound Seal’s sole option. Any repairs or expenses made outside of Sound Seal factory shall be the buyer’s responsibility unless Sound Seal has given prior written approval. THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, SPECIFICATIONS, WARRANTIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A SPECIFIED OF INTENDED PURPOSE. THE REMEDY SPECIFIED REPRESENTS THE SOLE LIABILITY OF SOUND SEAL AND THE SOLE REMEDY OF THE BUYER WITH RESPECT TO OR ARISING OUT OF THE EQUIPMENT OR SERVICES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.

CONSEQUENTIAL DAMAGES: Notwithstanding any other provision of this contract, in no event shall Sound Seal be liable, whether arising under performance of this contract or breach of this contract, tort, including negligence and strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, service interruptions, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage. We do not accept contracts or purchase agreements with Liquidated Damages.

LIMITATION OF LIABILITY: Sound Seal’s liability on any claim of any kind, including negligence or strict liability, for any loss or damage arising out of or relating to this contract shall in no case exceed the contract price of the part or parts giving rise to the claim.

GENERAL: The provisions stipulated herein supersede any communication expressed are implied, written or verbal, between the parties thereto, and shall constitute the sole and entire agreement. No modifications shall be made by either party, unless it is in writing and duly accepted by Sound Seal and the buyer, Sound Seal’s failure to object to provisions contained in the buyer’s purchase order or other communications shall not be deemed a waiver of the terms.


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