The following terms and conditions (“Agreement”) apply to sales by Advancing Alternatives (“AA”) and are hereby incorporated into and made part of all proposal and purchase agreements unless otherwise agreed in writing by AA and the Purchaser (the “Purchaser”):

  1. Delivery.
    1. The materials and products described on the final invoice (the “Products”) will be delivered as specified in the Agreement. If a specific delivery agreement is not specified, all Products shall be shipped FOB AA’s docks in Lancaster, Pennsylvania.
    2. Orders placed after 12 noon EST will not be shipped before the next business day.
    3. It is the responsibility of the Purchaser to insure all Products against theft or damage beginning from AA’s docks in Lancaster, Pennsylvania.
    4. It is the responsibility of the Purchaser to notify AA within 48 hours after delivery of any damaged materials, shortages or discrepancies from the packing list. If Purchaser does not provide timely notice the Purchaser shall have accepted delivery of the Products.
    5. Purchaser will provide proper unloading and storage of Products. Additional freight charges will be applied if lift-gate or limited access is charged after delivery.
    6. Any Products lost, stolen or damaged on site is the responsibility of the Purchaser.
    7. AA retains the right to withhold further delivery of materials if the Purchaser does not uphold the terms and conditions of the Agreement.
    8. Any quantity of Products delivered to the site in excess of the Agreement specifications due to over-shipment or contract changes, remain the property of AA. All such excess Products are to be made accessible to AA. At AA’s request Purchaser shall follow AA’s return instructions to return the excess Products at AA’s cost of shipping.
    9. All electrical hook-up of motors and fans, as well as any site work, specifications, installation, construction work or construction of greenhouse and/or systems, is not included. Purchaser is required to comply with all Federal, State or local zoning legislation, and building, structural, plumbing, mechanical and electrical code requirements, or any other requirements such as hazard flood plain, steep slope, earthquake zone earth stability, drainage, snow and wind load, or other requirements applicable to the site location.
  2. Terms.
    1. All payment terms are in United States Dollars. Unless otherwise specified, prices do not include taxes or custom duties that may apply. All such duties and taxes shall remain the obligation of Purchaser.
    2. If AA has not agreed to payment terms, and if the Purchaser does not have an open line of credit with AA, then all payments shall be made in full prior to delivery.
    3. If Purchaser has an open line of credit with AA, Purchaser shall make payment in full within thirty (30) days from date of invoice.
    4. Overdue invoices are subject to a 1.5% finance charge monthly ($1.50 minimum). Purchaser shall pay all attorney fees and collections fees incurred by AA in collecting amounts owed or enforcing the Agreement.
    5. To streamline and better manage the application of credit memos, AA reserves the right to apply an open credit memo on a customer’s account to the next open invoice (if applicable). Once complete, the customer will receive an updated statement of account.
  3. Warranty.
    1. AA warrants that the Products, under normal use, and with routine maintenance, will be free from defects in materials and workmanship for a period of one (1) year from the date of receipt of the Products. This Limited Warranty is subject to the requirements, exclusions and limitations stated below. This limited warranty only applies to the original purchaser and may not be transferred to any other party.
    2. Only components and parts of the Products manufactured by AA are covered by this warranty. Parts not manufactured by AA are specifically excluded and AA makes no warranty regarding such parts (the “Excluded Parts”). AA hereby assigns to the Purchaser any warranties from the manufacturers of the Excluded Parts, if any.
    3. AA does not warrant, in any way, that the greenhouse or structure will be suitable for any use, including growing crops, and is not liable for any crop loss or damage caused by heat, cold, lack of sufficient water, or any other reason. Purchaser is responsible for ensuring suitable growing conditions specific to Purchaser’s crop and climate, including the use of backup heating or ventilation as needed.
    4. This limited warranty shall be void if: (a) repairs or alterations are made to the Products or (b) if the Products are misused, abused, involved in an accident, or damaged, including by way of illustration and not limitation, failure to perform normal maintenance, or any other misuse or abuse of the Products, electrical surges, lightning strikes, fire or other acts of nature.
    5. AA’s sole and exclusive obligation under this warranty shall be to remedy or replace any component of the Products, provided: (1) the defect has been promptly reported to AA (2) the reported defect is reasonably determined, upon investigation by AA, to arise from a defect in material or workmanship; and (3) the Products have not been altered, changed or used with parts and accessories which were not approved by AA. No reimbursement will be made for repairs made without the prior written consent of AA.
    6. To process any claim under this limited warranty, Purchaser must contact AA (contact information is located on the Agreement). If the claim is approved, the Purchaser, at the Purchaser’s cost, must send the defective parts to AA. AA will repair or replace the defective part and send the new or repaired part back to the Purchaser. The Purchaser is responsible for uninstalling the defective part or items and reinstalling the new or repaired part or items, AA is not responsible for labor related to uninstalling or reinstalling the defective and repaired parts or items. In no event will this limited warranty extend to defects of which AA is given notice more than the periods set forth above.
    7. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES NOT EXPRESSLY PROVIDED HEREIN WHICH BUT FOR THIS PROVISION MIGHT ARISE BY OPERATION OF LAW, INCLUDING ANY EXPRESS WARRANTIES MADE OUTSIDE THIS LIMITED WARRANTY, IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY REMEDY FOR BREACH OF CONTRACT. THESE WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. IF THEY CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO A TERM OF ONE (1) YEAR, UNLESS ANY APPLICABLE STATE LAW PROVIDES OTHERWISE. UNDER NO CIRCUMSTANCES SHALL AA BE LIABLE TO PURCHASER, OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE. NO ONE, INCLUDING AUTHORIZED AA SALES REPRESENTATIVES, IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF AA. AUTHORIZED REPAIRS DO NOT EXTEND THE TERM OF THIS LIMITED WARRANTY.
  4. Indemnification
    1. Purchaser agrees to indemnify and hold harmless AA, its parent and affiliates, and their respective officers, directors, employees and agents from and against any and all claims, actions, losses, judgments or expenses, including reasonable attorney’s fees, arising from, or in any way connected with, the construction, installation, or operation of the Products. This includes crop losses, building damages or equipment malfunctions related to product failures or defective products.
    2. Builders Risk, Structural and Crop Loss Insurance: It is the responsibility of the Purchaser to purchase adequate insurance. AA will in no way assume responsibility for damage caused to the building, or any other surrounding buildings or properties as a result of fires, floods, storms tornadoes, earthquakes, acts of God, or other causes beyond their control. Purchaser agrees to hold AA, or any of its officers, directors, employees or agents, harmless from any liability resulting from the construction or uses of the greenhouse (and/or addition of any ancillary accessories supplied by AA) or consequences thereof.
  5. Miscellaneous
    1. Agreement changes must be submitted in writing and approved by AA. Approval becomes an addendum to the Agreement and will form part of the original Agreement. These Terms and Conditions as well as the Agreement shall be governed by the laws of Pennsylvania. The parties agreed to the exclusive jurisdiction of federal and state courts in and for Lancaster, Pennsylvania.
      Upon placing a purchase order in any of the following methods; verbal, short form, email, .pdf or website, these Terms and Conditions are executed and incorporated and the Purchaser agrees to these terms as a binding Agreement.