(9) Prepaid Shipments:
VELUX America LLC will ship orders freight prepaid under the following guidelines:1. Contiguous 48 States: F.O.B. warehouse, freight prepaid. (Note transportation above)2. Alaska, Hawaii, Puerto Rico: VELUX will ship orders freight prepaid to specified port within the contiguous 48 states, unless otherwise requested.
- Contiguous 48 states: F.O.B. warehouse, freight prepaid. (Note transportation above) or (upon written request only)
- Direct to location: F.O.B. warehouse, freight prepaid to Alaska, Hawaii or Puerto Rico with a minimum order of
5 units plus a 10% transportation excise. The 10% freight excise will be added to the Gross value of the orders shipped and invoiced from VELUX America LLC.3. Non-VELUX Dealer Delivery: F.O.B. warehouse, freight prepaid to a consumer or residential address. Plus a 10% shipping and handling charge. A 10% freight excise will be added to the Gross value of orders shipped from VELUX America LLC to an address other than an authorized VELUX Dealer. Non-VELUX Dealer delivery is only available in the contiguous 48 states. (Note (8) Transportation above). To track shipments from VELUX, go to veluxsolutions.com/track.
From the time of delivery to the carrier the responsibility for insurance of the goods shall rest with Buyer. If, at Buyer’s written request, VELUX affects insurance of the goods during transit, VELUX shall be liable only for the amount actually received by it under the policy less expenses incurred in affecting such insurance and making collection.
(11) Palletizing of Orders:
VELUX Regional Distribution Centers are not equipped to provide palletized units. Requests for palletized orders will be limited to orders of 60 units or more and carry a $1.00/roof window or skylight surcharge.
VELUX assumes no obligation or liability of any kind with respect to infringement or alleged infringements of United States or foreign patents, copyrights, trademarks, or other proprietary rights arising out of Buyer’s purchase, use, possession, sale, or delivery of any products sold by VELUX. Buyer shall indemnify and hold VELUX harmless from any and all claims, liabilities, damages, or expenses resulting from infringements or alleged infringements of United States or foreign patents, copyrights, trademarks, or other proprietary rights arising from compliance by VELUX with any designs or specifications provided by Buyer. No sale of any product shall be construed as granting to Buyer any license or other right applicable to the product.
Buyer shall pay to VELUX the amount of any federal, state or local sales, excise, use or other tax applicable to this order which VELUX may be required to pay.
(14) Legal Action:
If legal action is necessary to collect this account or any other account which Buyer has with VELUX, the prevailing party will be entitled to recover reasonable attorney’s fees in addition to costs and other necessary disbursements arising from such legal action.
(15) Limited Warranty:
VELUX provides a limited warranty for its products. Details of the limited warranty provisions are contained in the VELUX brochure entitled “The VELUX Promise,” or by going to thenoleakskylight.com. THE LIMITED WARRANTIES EXPRESSED IN “THE VELUX PROMISE” ARE THE ONLY STATEMENTS OF THE LEGAL RESPONSIBILITIES OF VELUX AND VELUX DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(16) Dealer Requirements:
To qualify as a VELUX Dealer, a company’s principal business must be in the retailing of building material products. The company must also establish a stable line of credit and furnish VELUX with a copy of their resale tax certificate.
(17) Trademarks and Copyrights:
VELUX is the sole owner of all right, title and interest in and to the trademarks and copyrights for its marketing material, including but not limited to the VELUX name and the VELUX logo (“VELUX Intellectual Property”). VELUX allows Dealers in good standing the non-exclusive, non-transferrable, revocable right to use certain VELUX Intellectual Property. Such Dealers in good standing shall use and display VELUX Intellectual Property only in a form and style as directed or approved by VELUX. Upon revocation of such right by VELUX, in its sole discretion, Dealer will cease to use all VELUX Intellectual Property which shall at all times be owned solely and exclusively by VELUX. The name VELUX CANNOT
be used in any web address. All such addresses must be transferred to VELUX as the sole owner of the name VELUX.