Please read through the following on how shipping works with Portable Air Group (“PAG”), that way you are informed and can receive your equipment satisfactorily and in the shortest time possible.
PAG strives to get every order processed, packed, and delivered as quickly as possible but it always helps to understand PAG shipping protocols. As always if you have any questions please contact us directly at 1-866-948-5300 or by sending an email to shipping(at)portableairgroup.com.
Most of what PAG ships will qualify as “freight” and be delivered on a 28 or 53 ft trailer by one of the major LTL Freight companies (XPO, Roadway, ABF, FedEx Freight/UPS Freight, etc). All freight deliveries are considered “Dock to Dock” unless otherwise stated in writing specifically to the Buyer. If your facility does not have a suitable dock for freight (LTL) deliveries or you do not have access to a forklift then you will require further services from the carrier, such as “Liftgate at delivery” or “Inside Delivery” and these are provided by the carrier for an optional fee paid for by the Buyer.
PAG will ask you about this, so make sure you are available if any issues or questions occur.
Handling and Transit Times:
Most orders are shipped within 1 to 2 business days. If it is a stocking item and you place the order before 12:00PM EST it will usually ship the same day. This only applies to stocked units and parts. Please be available via phone or through email during the order process in case PAG requires further information from you for your order. Portable Air Group seeks to ship orders as fast as possible; however, PAG is not responsible for delays, incorrectly delivered packages, weather issues, or similar interruptions.
Special Order Items:
There is no precise handling and transit time designated for custom or special order parts. PAG orders these parts directly from the manufacturer and Portable Air Group is not responsible for delays, backorders, or transit times. PAG will provide you with any tracking/shipping/delivery information in an email as soon as PAG receives it from the manufacturer.
Express and Overnight Shipping:
You must contact the PAG sales team to request overnight or express shipment. Express and overnight orders must be placed before 12 P.M. EST, any express or overnight orders placed after 12 P.M. EST will be processed the next business day. If you are unsure of when your express order will ship or be delivered, please feel free to contact us and PAG will respond immediately.
Shipping outside the contiguous United States:
PAG prices and discounted delivery offers apply to the contiguous lower 48 states only. PAG offers international shipping options for an additional fee. PAG can ship to any known point but each international order must be quoted individually and this will usually take 24-48 hrs. Please feel free to contact us to work out any issues with international orders: sales(at)portableairgroup.com or call 866-948-5300.
If a product is considered oversized, it may have to be crated for shipment and/or ship LTL Freight. Oversized items may have additional handling time and specific requirements such as only delivering to a commercial address. Due to the time involved in preparing the shipment, it cannot be shipped via any form of express. Please be aware that transit times typically are longer for freight shipments, Portable Air Group does not guarantee any transit times for freight items, unless the items are shipped “Guaranteed”, which is an additional fee if it is available (Since the COVID-19 pandemic, no LTL companies are offering guaranteed shipping anymore).
In the rare occurrence that a product is out of stock, PAG will notify you via email to advise you of the expected delay as well as provide you with your options. You can choose to wait for the item, select an alternative, or cancel your order. Out of stock items will be shipped as soon as they become available. Order delivery times may be delayed due to circumstances such as credit authorization, backorders, or insufficient/inaccurate information provided during the order process. You will be contacted via phone or email should such a condition arise. Some items may require that the shipping address match the billing address on the credit card that you are using to place the order. This helps protect you from fraud because the address you enter is verified. Portable Air Group reserves the right to hold, cancel or deny any order for any reason, at any time. If your order is affected, you will be notified within two business days.
TITLE AND RISK OF LOSS
Title and risk of loss passes to Buyer as soon as the goods are safely onboard the transport or upon delivery of the Goods at the Delivery Point, depending on the shipping terms (FOB Origin or FOB Destination). If you have any questions or concerns about a product or order, please contact us immediately.
AMENDMENT AND MODIFICATION
These Terms may only be amended or modified in writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
INSPECTION AND REJECTION OF NONCONFORMING GOODS
(a) Buyer shall inspect the Goods within two (2) days of receipt (known as the “Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.
(b) If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) creditor refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. With respect to Nonconforming Goods only, once Seller issues a Return Goods Authorization (“RGA”) Buyer shall ship, at Seller’s its expense and risk of loss, the Nonconforming Goods to Seller’s facility located as designated by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer at Seller’s expense, the replaced Goods to the Delivery Point. Absent an RGA being issued by Seller, any and all returns to Seller shall be shipped at Buyer’s expense and risk of loss.
(c) Buyer acknowledges and agrees that the remedies set forth in Section (b) are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section (b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
(a) Buyer shall purchase the Goods from Seller at the price[s] (the “Price[s]”) set forth in Seller’s published price list in force as of Seller’s shipping date. If the Price[s] should be increased by Seller before delivery of the Goods to a carrier for shipment to Buyer, then these Terms shall be construed as if the increased price[s] were originally inserted herein, and Buyer shall be billed by Seller on the basis of such increased price[s].
(b) All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.
(c) Tariffs and duties (and product classifications underlying the same) may be subject to change at any time by any Governmental Authority. Increases in such tariffs and duties directly affecting the cost or price of Seller’s Goods are beyond Seller’s control. Whether or not Seller has previously charged Buyer for any imposed duties or tariffs, Seller reserves the right, without prior notice, to pass through to Buyer any and all new or incremental tariff or duty surcharges imposed by any Governmental Authority on any and all Goods sold by Seller.
(a) Buyer shall pay all invoiced amounts due to Seller within the payment terms noted on Seller’s invoice, and shall remit to Seller’s “Remit To” address(or to Seller’s designated bank account)in US dollars. Buyer acknowledges that Portable Air Group provides an invoicing service for its own product sales and for sales by its wholly-owned subsidiaries.
(b) Buyer shall pay a service charge on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all such service charges as well as for all costs and expenses incurred by Seller in collecting any late payments invoiced by Seller, including, without limitation, Seller’s reasonable attorneys’ fees(in jurisdictions where law mandates a stated rate of attorney’s fees, same shall be 30% of the outstanding balance, or less if fee actually charged is less). In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder.
(c) Buyer may not withhold payment of any amounts due and payable as invoiced by Seller by reason of any set-off of any claim or dispute with Seller.
COMPLIANCE WITH LAW
Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by Buyer. Buyer assumes all responsibility for shipments of Goods requiring any government import or export clearance. Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on Goods.
Buyer shall comply with all Laws administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or any other Governmental Entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities, and persons (collectively, “Embargoed Targets”). Buyer represents that it is not an Embargoed Target or otherwise subject to any Economic Sanctions Law.
Buyer shall comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, Buyer shall not (a) directly or indirectly export, re-export, transship, or otherwise deliver the Goods, or any portion of the Goods, to an Embargoed Target or (b) broker, finance, or otherwise facilitate any transaction in violation of any Economic Sanctions Law.
In the event that Seller determines that Buyer is in violation of Economic Sanctions Laws or is selling Seller’s Goods to Embargoed Countries or Embargoed Targets, Seller shall immediately cancel all pending orders and shipments and shall hold Buyer liable for all resulting costs, expenses, and damages incurred by Seller, including its reasonable attorneys’ fees.
The Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
LIMITATION OF LIABILITY
(1a) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(1b) IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE AFFECTED GOODS SOLD BY SELLER TO BUYER.
(c) The limitation of liability set forth in Section (1b) above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Seller’s shipment without giving effect to any choice or conflict of law provision or rule (whether of such State that would cause the application of the laws of any jurisdiction other than those of the State of Seller’s shipment. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) IS DISCLAIMED.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No permitted assignment or delegation shall relieve Buyer of any of its obligations hereunder.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.