STATEMENT OF VENUE FOR LITIGATION AND RESOLVING LEGAL DISPUTES
Venue for Resolving
Disputes Through Litigation
We (the customer and/or suppliers of goods and/or
services) and A/C and Refrigeration Doctor, Inc.
(the company) agree that the
United States District Court for South Florida (the courts) and/or the Florida Superior Court
(the courts)
or any applicable relative court for and in the County of Miami Dade, Florida
shall have exclusive jurisdiction over any dispute, legal action or litigation
including criminal or civil actions initiated by A/C and Refrigeration Doctor,
Inc. (the company) or you (the customer and/or suppliers of goods and/or
services). You (the customer and/or suppliers of goods and/or services) and A/C
and Refrigeration Doctor, Inc. (the company) expressly and irrevocably consent
to personal jurisdiction and venue in these courts and that Miami Dade County,
Florida is the indisputable venue for any legal action or litigation concerning
any transaction or transactions between you ( the customer and/or suppliers of
goods and/or services) and A/C and Refrigeration Doctor, Inc. (the company).
It is the responsibility of you (the customer and/or the suppliers of goods and/or services) to access, read and understand the above stated agreement and said agreement becomes an intrigal, inseparable and legal part of any and all transactions entered into between you (the supplier of goods and/or services) and A/C and Refrigeration Doctor, Inc. (the company). Since links (hover buttons) linking to this statement are prominently posted throughout this website and you (the customer and/or the suppliers of goods and/or services) are not restricted nor deprived of any of the above information, a plea of ignorance of this agreement is not sufficient for you (the customer and/or the suppliers of goods and/or services) to negate nor circumvent your responsibility and/or your obligation to familiarize yourself with and understand the agreement of venue nor the context thereof.
INFORMATION FOR ACCEPTANCE OR REFUSAL OF EQUIPMENT
A PLUS ICE MACHINES AND RESTAURANT EQUIPMENT COMPANY
Unfortunately the commercial freight carriers who are in charge of and responsible for the care of your equipment entrusted to them for undamaged delivery are reluctant to accept this responsibility. We feel that this is an unethical and irresponsible attitude and practice on the part of a few commercial carriers and generates a necessity for us as shippers and our customers as receivers to protect our mutual vested interests against this unethical irresponsible attitude and practice. Therefore we ask that you follow the below outlined procedures to ensure that these unscrupulous and less than ethical commercial carriers are not allowed to pass their responsibility on to you as the recipient of our equipment. Nor to us as the shipper of your equipment.
When your equipment arrives, insist that the driver wait while you unpackage it and inspect it thoroughly for transit damage. This is to be done regardless of whether or not there appears to be any damage to the packaging. There is a concept that is called "concealed damage". This means damage that is done to the equipment but not apparent or visible on the packaging itself. If you sign the "delivery and acceptance" receipt without inspecting the equipment you will not be able to successfully process a claim for damages. And we at A/C & Refrigeration Doctor, Inc. cannot hold the carriers responsible. The delivery and acceptance receipt states that you have inspected the shipment and are certifying that it is free of damage and has arrived to you in acceptable condition. It is the customer's responsibility to inspect for damages, note all damages on the delivery and acceptance receipt, have the driver witness the notation, and process any damage claims with the carrier. A/C & Refrigeration Doctor, Inc will assist you in any way possible with your claim but it remains your responsibility to file and follow up on all damage claims. A/C & Refrigeration Doctor, Inc. only acts as your appointed agent to select a carrier on your behalf. A/C & Refrigeration Doctor, Inc. bears no responsibility for the carriers damages. This responsibility lies totally between you the customer and the carrier. The carriers drivers are notorious for coercing recipients into signing this delivery and acceptance receipt. Do not be intimidated by the carriers drivers and sign away your rights to responsible transportation of your equipment.
If after you have inspected the equipment and find that it is damaged, make a note of the damage on the freight bill and have the driver witness the notation. DO NOT SIGN THE ACCEPTANCE AND DELIVERY RECEIPT. If you have the means or ability to photograph the damage, it will be very helpful in processing your claim to do so.
REFUSE THE SHIPMENT. Do not allow the driver to leave the equipment.
Call us at our toll free number 877-878-2786 and report the damaged equipment so we will be able to replace the equipment for you.
Remember if you sign for it without inspecting it, and later find it to be damaged, there is nothing we can do to assist you with a claim.
| Mary Jane Danford (President) |
| Eddie Wood (General Manager) |
| A/C & Refrigeration Doctor, Inc |
| 30025 S.W. 143 Court |
| Homestead, FL 33033 |