Terms & Conditions

TERMS AND CONDITIONS

  1. HMI’s Discretion.  As a result of this Agreement or otherwise, should a credit availability be granted by HMI to Customer, all decisions with respect to the extension or continuation of credit shall be in the sole discretion of HMI.
  2. Payment Due Date.  With respect to any sales of products or services by HMI to Customer on credit, Customer agrees that all amounts payable on or before the net due date as shown on each of HMI’s invoices will be paid by the said due date, and if not paid on or before said due date, will then be deemed to be delinquent (a “Delinquency”).  If no due date is listed on an invoice, it is considered due on receipt.  Customer may accomplish payment by: (i) delivering payment of the invoice amount to HMI’s office on or before the due date; (ii) directly depositing the invoice amount into HMI’s bank account via ACH/wire transfer on or before the due date; or (iii) mailing payment of the invoice amount to HMI provided such mailing is received by HMI on or before the due date.  HMI’s receipt of a payment after the due date is a Delinquency. 
  3. Acceptable Forms of Payment.  Customer may pay invoices that include credit terms via ACH/wire transfer, check, money order, credit card, or cash.  For credit card payments over $5,000, Customer agrees to pay an additional amount equal to three percent (3%) of the invoice amount for credit card processing fees.    
  4. Late Fee.  In the event of a Delinquency (i.e., a failure by Customer to pay the full amount of an invoice on or before the due date), Customer agrees to pay a late fee to HMI equal to five percent (5%) of amount the invoice that is delinquent.  
  5. Interest on Delinquency.  Customer agrees to pay interest at the rate of 1.5% per month on all past due invoices and other obligations owed to HMI.
  6. Default.  In the event any invoice owed by Customer becomes 30 days past due, Customer’s account shall be considered in “Default.”  In such case, HMI reserves the right to declare the entire outstanding balance of all invoices issued to Customer, as well as all late fees and interest owed by Customer to HMI, to be immediately due and payable.
  7. Customer’s Purchase Orders.  Customer’s orders shall be deemed to incorporate the terms and conditions of this Agreement and on HMI’s invoices.  In no event shall preprinted terms and conditions on Customer’s documents, such as purchase orders, confirmations, acceptances, etc., modify or add to HMI’s terms or this Agreement.
  8. Refunds.  In the event HMI agrees to issue a refund to Customer for product(s) purchased by Customer that it wishes to return to HMI, HMI will typically issue the refund within two weeks of HMI’s receipt of the returned product(s).  Customer understands and agrees that HMI will not refund the invoice amount or deduct the amount of any invoice balance owed by Customer until such time that a credit memo or refund has been issued by HMI.
  9. Limitation of Liability.  HMI shall not, under any circumstances, be liable to Customer for special or consequential damages such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, loss of capital, or loss of purchased or replaced goods.  The liability of HMI with respect to any products sold by HMI to Customer, whether arising out of contract, negligence, strict liability, or any warranty, shall not exceed the price of the product(s) upon which the liability is based.  There have been no express representations or warranties made by HMI with respect to the products sold to Customer.
  10. Indemnification.  Customer agrees to indemnify, defend, and hold HMI harmless from and against any claims, liabilities, costs, expenses and/or judgments based upon or arising out of the negligence or recklessness of Customer, or the negligence or recklessness of Customer’s customers, employees or agents, in using the products sold by HMI to Customer.
  11. Expenses of Enforcement.  In the event Customer breaches any provision of this Agreement, including its obligation to pay all invoices on or before their due date, Customer agrees to pay all costs and expenses, including reasonable attorney’s fees, incurred by HMI enforcing this Agreement.
  12. Governing Law; Jurisdiction/Venue; Jury Waiver.  Any disputes relating to or arising out of this Agreement or any invoice issued by HMI to Customer shall be brought in the County or District Court of the 2nd Judicial District, Denver, Colorado and the parties hereby consent to the jurisdiction of such Court.  Customer, Guarantor and HMI hereby voluntarily and irrevocably waive trial by jury in an action or other proceeding brought in connection with this Agreement or Customer’s purchase of product(s) from HMI.