TERMS OF SALE

October 02, 2015


In General
MACH-DYNAMICS® (“mach-dynamics.com”) owns and operates this Website. This document governs your relationship with http://www.mach-dynamics.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Sale"). By using the Services, you are agreeing to all of the Terms of Sale, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Sale.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.


This Website may contain links to other websites (the "Linked Sites"), which are not operated by mach-dynamics.com. Mach-Dynamics.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at "Privacy Policy". By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.


Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and mach-dynamics.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of mach-dynamics.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by mach-dynamics.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.



Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.



Indemnity
You agree to indemnify, defend and hold harmless mach-dynamics.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website, your purchases, or your breach of the Terms of Sale.



Invalidity
If any part of the Terms of Sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Sale will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.




1.0 Methods of Payment : Payment in USD funds only. Pre-payment via Credit Card, Company Check, or EFT (EFT wire transfer fee $35.00). 

1.01 Orders paid by credit card: By using a credit card as a method of payment you agree to and authorize MACH-DYNAMICS to bill your Credit Card in "full" at time of order placememnt for all items (including shipping, handling, and Haz-Mat packaging fees) listed on our catalog pages as "This is a Special / Custom Ordered Item".

1.02 Transactions secured by SSL encryption. PCI DSS compliant.

1.1 We do not offer Open Net Payment Terms. 

1.2 Any and all Liability is limited to the purchase price of the product.

2.0 All sales are final. Custom orders and or custom made items are; non-cancelable, non-refundable, and non-returnable.

2.1 Any order that is canceled or refused at or prior to delivery will be billed and invoiced at 100% value of the order.

2.2 Our published Terms of Sale supercede any and all other client/customer's terms and or conditions.

2.3 The placement of an order, acceptance of an order and or shipment of an order is "your" acceptance of our published Terms of Sale.

3.0 Products that are unacceptable due to manufacturing defects are replaced in kind. No cash or credit refunds.

3.05 Under no circumstance will MACH-DYNAMICS, the manufacturer, or the seller of its products be liable for incidental or consequential damages arising from the use of any of its products. Any damages in connection with the use of any of MACH-DYNAMICS' delivered products by the buyer, seller, user or any other person are strictly limited to the purchase price of the product only. Customer accepts full responsibility.

3.1 Any and all product(s) defect(s) must be reported in writing to us within 10-days of receipt of order to be eligible for replacement.

3.2 ANY DISPUTE AS TO BILLING, CHARGES, OR MATERIALS MUST BE RAISED BY BUYER via Certified Mail WITHIN 10 DAYS OF BILLING OR SAID DISPUTE SHALL BE WAIVED BY BUYER.

4.0 All quoted or promised ship dates are on a best effort basis.

4.05 Any and all inspection and visitation to any and all of our facilities is discontinued as of September 11, 2001

4.1 Delayed shipment of an order is not an acceptable condition to cancel an order.

4.2 Ship dates and shipments may be delayed for the duration of on-going foreign conflicts involving the U.S. Military.

4.3 The term "day(s)" is by default a work day; i.e. Monday through Friday, excluding Holidays.

5.0 Advertised and or quoted pricing, terms and conditions for our products may change without notice.

6.0 BUYER AGREES TO PAY SELLERS ATTORNEY FEES, COURT COST, AND EXPENSES INCURRED BY SELLER IF BUYERS ACCOUNT AND THIS AGREEMENT ARE REFERRED FOR COLLECTION OR ENFORCEMENT.

6.1 IF IT BECOMES NECESSARY FOR SELLER TO INSTITUTE LITIGATION AGAINST BUYER IT IS AGREED THAT THE SELLER HAS THE RIGHT TO BRING SUIT IN THE COUNTY OF Susquehanna PA.

7.0 Default Shipping/Receiving address is: 494 Main Street, Susquehanna, PA 18847.

7.1 Remittance address is: 494 Main Street, Susquehanna, PA 18847.

7.2 Customer Service: (570) 213-5603 Ext. 3, M-F 8am to 5pm EST. customerservice@mach-dynamics.com

8.0 View our Privacy Policy.

9.0 We do not ship domestic orders that are Haz-Mat on customer carrier accounts. We do not ship via UPS.

9.05 Domestic "Will-Call" pick-up at our facility(s) is not offered.

9.1 All documents are provided in the ENGLISH language only.

9.2 It is the customer's responsibility to confirm with local and international regulatory agencies that the product being purchased is permited to be imported to their area. No cancellations, refunds or exchanges are allowed for order cancellations and or products returned because of local and or international restricitions at the purchaser's geographic border and or location.

9.3 EXW. Ex Works defined: "Ex works" means that the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place (i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle.

10.0 Blanket Product DISCLAIMER : To the best of MACH-DYNAMICS's knowledge, all information, recommendations, and suggestions appearing and concerning our products are taken from raw material sources or based upon data believed to be reliable. Although reasonable care has been taken in the preparation of this information, MACH-DYNAMICS extends no guarantees, express or implied, makes no representations and assumes no responsibility as to the accuracy, reliability or completeness of the information presented. MACH-DYNAMICS assumes no liability arising out of the use of any product by others. The conditions or methods of handling, storage, use and disposal of the products are beyond MACH-DYNAMICS's control. The product information provided may not be valid for any product if it is used in combination with any other materials or process. It is the user's responsibility to determine the suitability of the product, review the information provided, assess the safety and toxicity of the product and to comply with all applicable laws and regulations. For this and other reasons, MACH-DYNAMICS does not assume responsibility and expressly disclaims liability for any loss damage or expense arising out of or in any way connected with the handling, storage, use or disposal of any product.

10.1 Terms of Sale subject to change without notice.

10.2 A Purchase Order number entered on the order review page is for reference only, and is to be entered on the Certificate of Conformance supplied with the customer's order. Entry of a Purchase Order number on our website by a customer does not change our Terms of Sale. Any and all customer Purchase Orders sent to MACH-DYNAMICS not stating clearly that the purchaser agrees to MACH-DYNAMICS Terms of Sale are rejected by default. Any and all Terms, Conditions and or Quality Clauses on a customer's P.O. and that P.O. number being referenced on our CofC or CofA are rejected in full.

10.3 Any and all verbal change orders are unacceptable and will not be processed.

10.4 Our Terms of Sale apply equally to all orders placed through our website, received via: fax, email, or mail. No exceptions.