Chiller City Corporation Terms & Conditions
By browsing or using this website in any way, including but not limited to purchasing any item displayed at this website or conducting any other transaction or communication involving this website, you (herein, "you" or "Buyer") agree to be bound by the following terms and conditions of use and sale.
ALL SALES ARE FINAL: You acknowledge your understanding that the items Chiller City displays and sells at this site are surplus and/or previously used. All items displayed at this site are sold AS IS, WHERE IS, and AS DEPICTED, with all faults, defects and imperfections acknowledged and waived by you, and without any warranties of any kind (see DISCLAIMER OF WARRANTIES below). This does not mean the items displayed at and sold through this site do not work. It does mean that Chiller City has not tested the items or assessed their performance or operation, and that Chiller City therefore lacks any specific knowledge concerning the condition of the items. Chiller City will not issue refunds on returns for any reason.
DISCLAIMER OF WARRANTIES: Chiller City hereby disclaims, and you waive and release Chiller City from, any and all representations, guarantees and warranties of any kind whatsoever, express or implied, regarding any item displayed at or purchased through this site, including but not limited to the following: (1) that such item is merchantable, fit or suitable for any particular use or purpose; and (2) that such item conforms to specifications, industry standards or requirements promulgated by any organization or governmental entity.
BUYER'S ASSUMPTION OF LIABILITY/INDEMNIFICATION: Chiller City assumes no liability for the use or misuse of any item purchased through this site. Chiller City presumes, and by your purchase of any item from Chiller City you expressly warrant to Chiller City, that you will have the item be installed and operated properly and by qualified personnel. You agree to defend, indemnify and hold harmless Chiller City from and against any and all losses, claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of any item purchased from Chiller City.
WAIVER AND LIMITATION OF LIABILITY OF CHILLER CITY:You acknowledge and agree with Chiller City that Chiller City shall not be responsible or liable for consequential, incidental, statutory, punitive, exemplary or indirect damages of any type whatsoever, in any way directly or indirectly arising from or connected with any item or the use of any item purchased from Chiller City.
ENTIRE AGREEMENT: Any and all terms and conditions contained in any prior oral or written communication (including without limitation Buyer's purchase order) which are different from or in addition to these ChillerCity.com Terms and Conditions of Use are hereby objected to and rejected by Chiller City and shall not be binding on Chiller City, whether or not they would materially alter this document. No terms or conditions other than these ChillerCity.com Terms and Conditions of Use shall be binding upon Chiller City unless accepted by Chiller City in a writing signed by it. Chiller City undertakes no responsibility for the quality of goods sold other than as set forth in these ChillerCity.com Terms and Conditions of Use.
SHIPPING/RISK OF LOSS: All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier.
GOVERNING LAW: You agree with Chiller City that any transaction in which you participate with Chiller City shall be governed in all respects by the laws of the State of Arizona. All actions brought by you and arising out of or related to this website or to any item displayed at or sold through this website, regardless of form, must be commenced within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice. You agree that jurisdiction for any such action brought by you shall lie exclusively with the state or federal courts in Phoenix, Arizona, where Chiller City has its principal place of business.
563 W. 3rd Ave
Mesa, AZ 85210