Terms and Conditions of Sale

Last updated – Feb 24, 2021

DewAir Corporation (herein referred to as DewAir) is a manufacturer of HVAC equipment, namely dehumidifiers. Orders may be placed by phone or email and we will email you payment instructions. The Terms and Conditions of Sale in this document will apply.

Purchaser (herein referred to as Customer) hereby agrees to the Terms and Conditions of Sale at the time of purchase. For some Customer account types, additional terms and conditions may apply, including credit if offered. Such additional Terms and Conditions must be written in email and acknowledged by both parties as Additional Terms and Conditions and will only apply to that sale unless otherwise stated and agreed to.

For purposes of clarification in this document, End-Customer is the final owner of the equipment located at the premises of installation.

US Orders:

Our current products are built in Canada and DewAir clears the shipments coming out of Canada for the convenience of our US customers and we warehouse our products in NY state. So shipping costs to our customers are FOB origin Ogdensburg, NY
State taxes (if any or any other purchase taxes applicable to US Customer order) are NOT collected by DewAir since we are a Canadian exporting manufacturer. These however may be collected by the shipping carrier or may be a self-remitted amount depending on where Customer lives. We cannot advise Customer what these additional tax costs are (if any) because it depends on where Customer resides and is beyond our control and outside the scope of our knowledge.

Canadian Orders:

Provincial taxes (GST or HST) will be charged and collected at time of sale.

For both Canadian and US orders, shipping costs are a fixed price for most destinations.

Order Placement, Payment(s), Refund and Cancellation Policy:
Standard products – for Standard shipping products (those regularly sold to many clients), if we’ve collected your payment, but haven’t yet shipped due to a delay on our part, we have a full refund policy. Our full-refund policy only applies to Standard products up until the time product has yet to leave our dock. Once a Standard product shipment leaves our dock, order is non-cancellable and non-refundable.

Special order products – require a 50% deposit with order and remaining 50% one-week prior to shipment. The deposit is non-refundable even if order is cancelled. Failure to provide the remaining 50% in a timely fashion will be deemed a cancelled order. Your DewAir sales representative will determine which products are deemed special order. Payment for special order products will be by wire transfer.

Other conditions may apply to large orders and will be discussed and agreed to in writing prior to purchase.

The sold goods are owned by DewAir Corporation until paid in full. Payment can be made by mutually agreed method including credit card, wire transfer, or other method that is mutually suitable to Customer and DewAir.

Returns:
Due to the size, weight, and logistics, our return policy is products are non-returnable. The goods are sold non-returnable except in the case of functional (not cosmetic) defects that are not field serviceable. If a return is approved, depending on the situation, restocking fees and costs incurred in shipping product to the Customer and receiving product back from the Customer will be deducted from any refund or credit issued even if the product is new. In all cases, returns are approved at our sole discretion, through a DewAir RMA (return material authorization), the choice for how much to refund or credit also at our sole discretion. For this reason, we recommend End-Customers purchase through an HVAC contracting company that evaluates the suitability of our equipment for their needs, and the ability to install it taking into account specifics of the End-Customer’s site.

Shipment and Inspection:
Customer agrees to the following regarding shipment, inspection, and storage:

Customer agrees NOT to interfere with a proper signature receipt when shipment is received. Customer agrees NOT to redirect shipment to another location other than Ship To address on order. Customer agrees NOT to assign signature responsibility to an irresponsible party. Customer agrees to check shipments upon arrival and notify DewAir within 48 hours of any discrepancy or damage claim against the carrier.

Selection of the shipping destination is the Customer’s responsibility. For reasons of security and protection from the elements, our products cannot be left outside. The shipping location should be one that is suitable to receive skids of goods during regular local business hours. We strongly discourage shipment to an End-Customer location unless it meets those requirements and End-Customer is willing to store the shipment prior to scheduling the HVAC installation. If the ordering Customer doesn’t have such a facility, we suggest they arrange with a local warehouse in the business of renting such services for the purpose of receiving our shipment(s). Customer is responsible for any storage charges incurred when procuring such services.

If Customer willfully violates any of these Shipment Terms and Conditions, Customer agrees to hold DewAir and Shipper harmless for any loss and waives any insurance claim.

Shipping costs will be presented when we quote a product price. Please let us know when a tailgate service is needed prior to ordering if shipment is not going to a proper conforming loading dock.

Installation:
Customer agrees have to installer follow all building codes, electrical codes, and worker construction safety rules and recommendations in their area. Customer agrees that installer will be a licensed HVAC installer for their area. Commissioning of equipment requires a form submitted to DewAir by licensed HVAC installer for warranty to apply.

Pricing and Availability:
Pricing in Canada will be set using Canadian dollars. Pricing in the US will be set using US dollars. Unless otherwise stated, a given price promotion may end at any time at our sole discretion and pricing will revert to the regular pricing for the account without advance notice.

Future pricing and availability of a product is subject to change without notice. Inquire for pricing, lead time, and any pricing guarantee if needed for quoting purposes to End-Customers.

Warranty:
DewAir will provide a limited warranty for DewAir’s products. Warranty claims are handled by a certified HVAC technician under DewAir’s warranty process. All warranty work is to be done by a certified HVAC technician at the premise of the installation.

Agreement in English:
The parties have required that this Agreement as well as any notices, documents, or proceedings relating hereto be written in English. The parties have agreed that the language of business between DewAir and Customer is English. If there are language laws regarding product packaging in their region, and Customer wishes to resell DewAir product uninstalled, Customer agrees they will refrain from selling uninstalled product to the public until such time as the Customer is satisfied that DewAir product packaging is compliant with said laws or their customer has officially waived their need for alternate language packaging. Les parties aux présentes ont exigé que le présent contrat ainsi que tout autre avis, document ou procédure s’y rapportant soit rédigé en anglais. Las partes han requerido que este Acuerdo así como cualquier aviso, documentos, y todos los procedimientos relacionanados a este seran escritos en inglés.

Other Standard Legal:
DEWAIR PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DEWAIR HVAC PRODUCTS OR SERVICES OFFERED BY DEWAIR UNDER THIS AGREEMENT, OTHER THAN THOSE SPECIFICALLY STATED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL DEWAIR BE LIABLE OR OBLIGATED TO CUSTOMER OR ANY THIRD PARTY CLAIMING THROUGH CUSTOMER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR GOODWILL, LOSS OF PROFITS, LOST BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION OR LITIGATION COSTS) WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER agrees to defend, indemnify and hold DewAir, its affiliates, its licensors, its officers, agents and employees harmless from, for and against any and all liability, loss, damage, cost or expense (including reasonable attorney’s fees, disbursements and other related expenses), litigation costs, claims, actions, demands, judgments and other liabilities of any kind or nature, of or to any third party or entity, whether in contract, tort, or otherwise, arising out of or in connection with any act or omission by Customer in connection with: (i) any sales or installations of DewAir HVAC Products by Customer; (ii) any warranties performed by Customer in respect of DewAir HVAC Products; (iii) the performance or nonperformance of Customer’s obligations under this Agreement including, but not limited to, any negligence of Customer or any alleged or actual violations by Customer or its subcontractors, or Customer’s employees, of any governmental laws, regulations or rules; (iv) the presence of DewAir’s agents or employees on Customer’s premises; or (v) any violation or infringement by Customer of any DewAir Intellectual Property, including any patent, copyright, trademark, trade secret, non-disclosure agreement, or other proprietary rights of DewAir or any third party, except to the extent that any such loss, damage, cost, claim, action, demand, judgment or liability is due to the gross negligence or wrongful acts of DewAir, its officers, employees or agents. Under no circumstances shall DewAir be liable for lost profit or for special, consequential or exemplary damages by Customer or its customers, even if DewAir has been advised of the possibility of such damages.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, and the Parties agree to attorn to the jurisdiction of the Courts of the Province of Ontario and adjudicate in the City of Ottawa.

This web site is for the sole use of our Customers. We provide information regarding our products and specifications for our product line. We do not warranty the accuracy of the product information presented or the suitability for all instances of the applications suggested but make reasonable efforts to ensure the accuracy of the information presented is correct. Please contact DewAir to notify us of any error found or to get clarification.