General Shipping

Purchases of products through Canned Heat Glass are subject to a destination contract. This means that the risk of loss and title for these products passes to you upon the carrier's delivery to your ship-to address, and Canned Heat Glass is not responsible for any loss, theft, or damage after delivery. The quoted time of delivery is understood to be from date of receipt of all necessary information including Client’s approval, if applicable. Orders are not shipped or booked on weekdays or holidays. All list prices representing products manufactured by the Company are subject to addition of crating fees. Shipping costs are billed separately and invoices are sent after delivery of the product.


International Shipping

​All General Shipping policies apply here as well. International shipping prices vary by territory. Clients are responsible for providing information for and contacting their own customs broker for shipments outside of the United States. International orders do not include duties or taxes. Fees will be due upon receipt.


Elements Shipping 

You will be receiving MoSi2 elements from Canned Heat Glass. Due to the fragile nature of the heating elements there is a inherent danger of them being damaged during shipping. The elements are packed and shipped to meet insurance standards. To meet these standards it is your responsibility to open and confirm there is no damage to any of the elements shipped to you. You are responsible for doing this as soon as the elements show up or within 24 hours of receiving the elements. If there is damage to any elements, please take a picture of the broken element/elements with the box and the shipping label together if possible. The label in the picture must be legible. If there is any damage to the box include a picture of that as well. If these criteria are met, we will immediately send you replacements.


Complete Terms and Conditions

GENERAL
By placing a down payment or deposit you are agreeing to the terms set forth in this document by Canned Heat Glass. All sales are final. No refunds unless written statement of situation is submitted within 1 week of receiving this or most current copy of this document. All amendments documents must be submitted before down payment is received and agreed upon by Cheyenne Malcolm owner.

PRICES AND TERMS
Delivery dates are subject to change until down payment or deposit is made. Shipping is to be paid and booked by client and is not included in price. An estimate and booking information can be provided by Canned Heat but final booking and payment must be made by client. Appropriate crating fees will be applied according to order and stated on invoice. All invoices are to be paid in full. All payments must be received before equipment ships. Force Majeure can be implemented at any time and might change delivery dates or price increase due to unforeseen circumstances such as government involvement by increase in tariffs or import/export fee’s. Acts of war or public health emergency. International orders are subject to crating charges. Most international and over sea’s freight must be crates complete with stamped registered IPPC wood. As. Long as invoice has been paid Canned Heat will house or store equipment for up to 1 month or 30 days. After that time a fee of 1% of original invoice will be charged. Unpaid invoices that are 45 days late from delivery date will be subject to 2.5% original invoice amount and each 30days after until invoice is paid. Any agreement to extend or negate these terms must be stated on invoice and agreed to by Cheyenne Malcolm only. Due to the nature of custom-built equipment there is normally no refunds once down payment is placed. Due to uncertainty Only written agreement signed by owner Cheyenne Malcolm will allow for any refund. Depending on he amount of materials purchased for the manufacturing of the equipment a restocking or refund fee up to 25% can be deducted form the original down payment. Only with written consent from Cheyenne Malcolm.

PERFORMANCE GUARANTEE
All electronics are new and come with a 1-year manufacturer warranty. MoSi2 elements are guaranteed to arrive whole and in working condition and insured with any shipped air freight. It is the client’s responsibility to check the elements on arrival for any damage from shipping. Immediately the day of arrival and contact Canned Heat with photos of the damage and keep the shipping box for insurance purposes. Once the elements are in client’s custody they are no longer insured. MoSi2 elements are excluded from this warranty. Due to the nature of high temperature heating and melting equipment there will always be wear and tear on metal and refractory. Canned Heat is not responsible for damage due to improper installation, connecting, operating or starting procedure. We are also not responsible for damage due to negligent maintenance schedule or general use not in accordance with the operation and maintenance manuals provided and occasionally updated by Canned Heat. Canned Heat will provide quarterly email maintenance reminders and updates to operation manuals. Proper installation
by a professional to specific requirement set forth by Canned Heat is required for equipment to perform properly.

EQUIPMENT AND LIMITED LIABILITY
Canned Heat will warranty the equipment built or manufactured with exception to castable materials, elements and fuses for one year from delivery date. This equipment will be free from defects in material and workmanship under normal use, service and maintenance. Normal use, service and maintenance means; 1) equipment will not exceed the maximum temperature, volumes or other parameters specified by Canned Heat and our install manuals and specs sheets. 2) Using only correct fuels specified in Canned Heats manuals and specs sheets. 3) operation and maintained is in compliance with stated timelines set forth in Canned. We do not warranty any equipment that has had modifications by users of any type. 4)All electronics will come new with 1-year manufacturer’s warranty. Any materials that are faulty due to manufacturers’ defects will be replaced without cost to client as long as warranty time has not elapsed. Any materials that need to be replaced due to improper use or incorrect installation will be replaced at client’s expense.
Warranty and Limitation of Liability: WATLOW Watlow warrants that its products will be free from defects in materials or workmanship for a period of twelve (12) months, and for controllers purchased hereunder, for a period of thirty-six (36) months, from the date of shipment of the products by Watlow (such period, the “Warranty Period”). This warranty does not extend to any losses or damages due to misuse, contamination, accident, neglect, normal wear and tear, negligence, unauthorized modification or alteration, improper installation or maintenance, misapplication, improper specification or operational conditions beyond Watlow’s knowledge or control. Any product that does not comply with the foregoing warranty is hereinafter referred to as a “Nonconforming Product.” Should any product fail during the Warranty Period, the root cause of which is noncompliance with the warranty requirements set forth in this paragraph, then Watlow shall, at its option and as buyer’s sole and exclusive remedy for any warranty claim hereunder, either repair, provide a free replacement, or refund or grant a credit to buyer for the price for such Nonconforming Product. Buyer shall notify Watlow during the Warranty Period of the alleged failure of a product through Watlow’s Returned Merchandise Authorization (“RMA”) process within thirty (30) days after such failure. Advanced authorization for any repair or replacement undertaken by Buyer must be obtained in writing from Watlow. Notwithstanding the foregoing, Watlow’s warranty with respect to implant refurbishment services performed by Watlow and the resulting refurbished disks (collectively, “Refurbished Disks and Services”) shall not become effective until such time as Watlow has received payment in full for the Refurbished Disks and Services that are subject to any warranty claim hereunder and the duration of such warranty shall be twelve (12) months to the extent such claim relates to mechanical performance and six
(6) months to the extent such claim relates to elastomer, particle performance and is coating. In the event that Watlow is selling software programs hereunder, Watlow warrants that for a period of twelve (12) months from the date of shipment of such software program (“Software”) to buyer by Watlow (if applicable), when the Software is used in accordance with the instructions therefor, the Software shall be free from material defects, provided that buyer has implemented any applicable upgrades, fixes or corrections that Watlow may make available from time to time. Watlow does not guarantee that the Software will be error free or virus free, will function without interruption, or will meet any specific business need of buyer. Watlow will, at its own expense and as its sole obligation and buyer’s exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any material defect, provided that such material defect is reproducible, buyer provides Watlow with prompt written notice thereof upon its discovery, and buyer cooperates with Watlow’s reasonable requests and instructions for correcting such material defect. Notwithstanding the foregoing, in no event shall Watlow have any obligation or liability for any claim or defect arising out of or resulting in whole or in part from: (i) misuse of the Software by Buyer or its employees, agents and representatives; (ii) modifications to the Software not made by Watlow; (iii) combination of the Software with hardware or software not supplied by Watlow or use of the Software as part of a non-Watlow method or system; or (iv) the specific data input, processed or stored in connection with the use of the Software by Buyer or its employees, agents and representatives. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY WATLOW AND ARE IN LIEU OF AND EXCLUDE ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, CUSTOM, CONDUCT, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, RESULTS OR EFFORTS. NO EMPLOYEE, AGENT OR AFFILIATE OF WATLOW HAS AUTHORITY TO BIND WATLOW TO ANY REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN, NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, AND ANY SUCH PURPORTED REPRESENTATIONS OR WARRANTIES SHALL NOT BE ENFORCEABLE. THE REMEDIES OF BUYER PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTY CONTAINED HEREIN. If buyer orders and/or Watlow delivers a product designated as a “Prototype”, no guarantees, warranties or representations of any kind are made with respect to such Prototype. Buyer shall have the duty and sole responsibility to test a Prototype prior to acceptance and/or incorporation into end-use applications. Further, a production product based on a Prototype design may differ in assembly methods and materials
from the Prototype. Buyer, therefore, shall have the duty and sole responsibility for testing and acceptance of production products which are based on Prototype designs. IN NO EVENT SHALL WATLOW OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, OR SIMILAR DAMAGES (INCLUDING LOST REVENUE OR PROFITS) ARISING OUT OF OR RELATED TO ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS. BUYER’S EXCLUSIVE REMEDY AND WATLOW’S AND ITS AFFILIATES’ EXCLUSIVE LIABILITY UNDER THESE TERMS AND CONDITIONS OR OTHERWISE (INCLUDING NEGLIGENCE) SHALL BE FOR DAMAGES WHICH SHALL IN NO EVENT EXCEED SO MUCH OF THE PURCHASE PRICE AS IS APPLICABLE TO THAT PORTION OF THE PARTICULAR SHIPMENT OF PRODUCTS WITH RESPECT TO WHICH DAMAGES ARE CLAIMED. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, OTHER TORT OR OTHERWISE). THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. Miscellaneous: THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND/OR ORDER AND ANY DISPUTE CONNECTED HEREWITH SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI. These Terms and Conditions constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement and/or order relating to the subject matter herein. Any terms and conditions proposed in Buyer’s purchase order or in any acknowledgment, invoice, or other documentation of Buyer that add to, vary from, or conflict with the terms herein are hereby rejected and the terms hereof shall be binding upon the parties. Except as otherwise expressly provided herein, no conditions, usage of trade, course of dealing or performance, understanding or agreement and/or order purporting to modify, vary, explain or supplement the terms or conditions of this agreement and/or order shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification shall be effected by the acknowledgment or acceptance of any purchase order or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing or performance shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing signed by the party to be bound. If any term, condition or provision of this agreement and/or order or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the parties mutually agree in writing to any revision of this agreement and/or order, the remainder of this agreement
and/or order and the application thereof shall not be affected, and this agreement and/or order shall otherwise remain in full force and effect.