Last Updated March 29, 2026

Terms and Conditions

Approval of this quote, by sending a purchase order (which may be furnished by Buyer), constitutes acceptance of the Terms & Conditions listed below (the “Agreement”):

 

  1. All orders are subject to credit approval. If, in the judgment of Collectors & Filters, Inc. (the “Company”), previously established terms of payment with consumer purchasing the Company’s services (the “Buyer”) are no longer justified, the Company reserves the right to require full or partial payment prior to delivery.

 

  1. Payment Due Date; Attorneys’ Fees. Remaining balance payments on all shipments of merchandise are due and payable within thirty (30) days from the date of the invoice, unless otherwise agreed in writing. Invoices not paid by the due date will accrue a service charge of 1.5% per month (18% annually) until paid in full. Buyer shall reimburse Company for all reasonable collection costs, court fees, and attorneys’ fees incurred to collect past‑due amounts, for any other breach of this Agreement, or for any dispute arising from this Agreement.

 

  1. All quotes are issued to meet competition for specific projects or jobs on like or equivalent units and shall have no bearing on pricing for future projects or jobs. This quote is not a contract but an invitation for an order. Any order placed based on this quote is subject to acceptance by the Company. Merchandise will be billed at prices per quoted terms. All quotes automatically expire thirty (30) days after issuance. It shall be Buyer’s responsibility to get the proper permits and bonds, if necessary, for the services in this quote to be performed.

 

  1. Shipping and risk of loss. Unless otherwise stated, shipments are FOB Origin and all merchandise ships are at Buyer’s risk upon delivery to the carrier. Buyer is responsible for arranging and paying for freight and insurance unless otherwise agreed in writing. Buyer shall file any freight claims with the carrier and the Company shall have no liability for loss or damage after delivery to the carrier.

 

  1. Errors and specifications. Stenographic, clerical, illustration, and specification errors contained in any quote are subject to correction and modification. Company assumes no liability for the fitness of any product for a particular installation or application, including but not limited to fire or explosion risks.

 

  1. Warranties and scope of services. ALL WARRANTIES ARE PROVIDED SOLELY BY THE MANUFACTURER; THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYSTEM SIZING AND RECOMMENDATIONS ARE BASED SOLELY ON INFORMATION PROVIDED BY BUYER. THE COMPANY DOES NOT PROVIDE ENGINEERING SERVICES OR STAMPED DRAWINGS UNLESS EXPRESSLY STATED IN WRITING. BUYER IS RESPONSIBLE FOR INSTALLATION, ELECTRICAL, DUCTWORK, AND COMPLIANCE WITH ALL APPLICABLE CODES AND/OR REGULATIONS UNLESS EXPLICITLY STATED OTHERWISE IN THE QUOTE.

 

  1. Change orders and lead times. Lead times are estimates and subject to manufacturer availability and delays. Any changes requested after order acceptance constitute a change order and may result in additional charges and revised delivery schedules.

 

  1. Limitation of liability. EXCEPT FOR CLAIMS ARISING OUT OF COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF PURCHASE PRICE OF THE EQUIPMENT GIVING RISE TO THE CLAIM OR TEN THOUSAND DOLLARS ($10,000.00). IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION.

 

  1. Force majeure. Company shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, strikes, labor disputes, supplier failures, transportation delays, governmental actions, pandemics, or shortages of materials.

 

  1. Governing law and venue. This Agreement shall be governed by the laws of the State of Indiana notwithstanding its choice of law provisions. Courts of competent jurisdiction located in Marion County Indiana shall have sole and exclusive jurisdiction and venue over any action arising out of or relating to this Agreement.

 

  1. Acceptance and Buyer terms. Placement of an order, whether verbal or written, shall constitute full acceptance of this Agreement. Buyer’s purchase order or other documents shall not modify these Terms and Conditions unless expressly agreed in writing by an authorized representative of the Company. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter herein.

 

  1. Indemnification. Buyer shall defend, hold harmless, and indemnify Company for any and all claims, causes of action, damages, demands, fine, liabilities, settlements and penalties, including attorneys’ fees, arising out of the Buyer’s breach of any provision of this Agreement or claims from any third parties, the public at large, or Buyer’s guests related to services or equipment purchased pursuant to the quote. Buyer further agrees to defend, hold harmless, and indemnify Company for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties, including attorneys’ fees, arising out of Buyer’s negligent or reckless acts or omissions related to this Agreement.

 

  1. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, ACTION, SUIT, OR PROCEEDING (WHETHER AT LAW OR IN EQUITY) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL REGARDING THIS WAIVER AND THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.

 

  1. Dispute Resolution. Any dispute arising out of this Agreement or its implementation shall first be resolved using the following process: (a) Either party may request a virtual or telephonic meeting within ten (10) business days of the date a question or dispute arises. Failure to request a meeting shall constitute a waiver by Buyer of this Dispute Resolution paragraph.  If a meeting is requested, then Buyer shall meet with Company’s representative within ten (10) days of either party requesting a meeting to discuss possible solution(s), if any.  Any solution, which is mutually agreed upon, or the decision that the parties have been unable to reach a mutually agreed upon decision, shall be communicated in writing by Company to Buyer within ten (10) business days of the meeting between the parties; (b) After exhaustion of the steps set forth in subparagraph (a) above, Company and Buyer agree that any remaining disputes shall be subject to binding arbitration as described below.

 

  1. Arbitration of Disputes. All disputes hereunder, including but not limited to, claims for breach of this Agreement, claims based on state or federal statutes, and claims based on common law, shall be resolved through arbitration. Arbitration shall be conducted according to the commercial rules for the American Arbitration Association (“AAA”). Arbitration shall be the parties’ sole recourse for resolution of disputes arising under this Agreement after exhaustion of the process described in Section 14 above.  The party asserting the claim must initiate the arbitration by mailing or delivering a written demand for arbitration (the “Demand”) to the other party.  This Demand shall be mailed or delivered, consistent with the notice provisions of Section 16 of this Agreement, within one hundred eighty (180) days of the date the claim accrued or the claim shall be forever barred.  If arbitration is requested, then the Buyer and Company shall select a mutually agreeable arbitrator.  The arbitration shall be conducted in Indiana.  Both parties shall have the right to legal counsel and reasonable discovery.  Both parties shall bear equally the cost of the arbitrator and any filing fee.  The arbitrator shall have the authority to rule on discovery requests, and grant any remedy or relief that would have been available to the parties had the matter been heard in court.  The arbitrator’s award shall be final and binding upon the Company and Buyer and a judgment of an Indiana trial court or the United States District Courts of Indiana may be rendered thereon.  Judicial review shall not be permitted. If the Company is the prevailing party of the arbitrator’s award it shall be entitled to all reasonable attorneys’ fees.

16. Notice. If to Company: PO Box #04, Whitestown, Indiana 46075; with copy to McNeelyLaw LLP 2177 Intelliplex Dr., Shelbyville, IN 46176.

17. Survival. Sections 2, 6, 8, 10, 12, 13, 14, and 15 shall survive the termination of this Agreement.