TERMS OF SALE
December 10, 2017
Intellectual Property, Software and Content
Terms of Sale
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. email@example.com
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.