MROstop.com Standard Terms & Conditions
1.
ACCEPTANCE OF TERMS AND CONDITIONS
. Customer's submission of an order for any of the products or systems provided by MROstop.com shall constitute acceptance by Customer of the Terms & Conditions contained herein, which shall control thetransactions between MROstop.com and Customer. These Terms & Conditions shall not be superseded by any provisions that may be contained inany purchase order or other documentation that may at any time be submitted to MROstop.com by Customer unless specifically agreed to inwriting by MROstop.com. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PRICE STATED FOR THE PRODUCTS OR SYSTEMS HEREIN DESCRIBED IS ACONSIDERATION FOR LIMITING THE LIABILITY OF MROstop.com AS SET FORTH HEREIN.
2.
AVAILABILITY
. Some of the products and systems shown in the MROstop.com binders are not available from all MROstop.com locations. In such case,if possible the local MROstop.com office will refer Customer to a responsible source.
3.
QUOTATIONS
. Written quotations are firm for 30 days from quotation date unless stated on the quotation to the contrary or unlessrevoked by oral or written notice from MROstop.com prior to acceptance by MROstop.com of a written order from customer. Also, unless stated by themanufacturer or by MROstop.com to the contrary, quoted prices will apply on products or systems scheduled for shipment within 30 days of thequote, while prices in effect at the time of shipment will apply on unscheduled shipments and products or systems scheduled forshipment beyond 30 days. If the cost to MROstop.com of performance hereunder should be increased by reason, directly or indirectly, of anygovernmental action, including without limitation the imposition or variation of any customs duty, MROstop.com shall have the right toincrease the quotation price by the amount of such increased cost.
4.
ORDERS; PAYMENT; DELIVERY
. On approved credit sales, terms are net 15 days unless otherwise stated in writing. When credit hasnot been approved, payment terms, subject to prior approval by MROstop.com, may be cash in advance, C.O.D., Bill of Lading with sight draftattached, or domestic letter of credit.MROstop.com, without liability to Customer or any party, may at any time alter or suspend credit or discontinue deliveries or stop goodsin transit when, in its opinion, the financial condition of Customer or potential Customer warrants such action. In such case, MROstop.com shall be paid by Customer for service charges. MROstop.com reserves the right to add a monthly service charge up to the maximum rate permitted by law for delinquent accounts.All sales are F.O.B. Shipping Point, unless otherwise agreed to by MROstop.com in writing. All risk of loss or damage shall pass toCustomer upon delivery of the products or systems to the carrier. Any claims for loss or damage during shipment are to be filedwith the carrier. MROstop.com will not accept responsibility for any such claims. MROstop.com shall make every reasonable effort to meet commitments concerning shipping dates; however, revisions may be necessary due tounforeseen events.
MROstop.com WILL NOT BE RESPONSIBLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL OR CONSEQUENTIALDAMAGES, OCCURRING TO CUSTOMER OR TO ANY OTHER PARTY AS A RESULT OF ANY DELAY IN SHIPMENT.
Orders are not cancellable by Customer unless and until all cancellation provisions, if any, are agreed to by MROstop.com in writing andall cancellation charges, if any, have been paid by Customer. Customer shall not debit, back charge or setoff MROstop.com for returns, warranty claims or for any other reason, without prior written consent from MROstop.com.
5.
LIMITED WARRANTIES
. The only warranties made on products and systems-sold by MROstop.com are the warranties provided by the respectivemanufacturers for such products and systems. Reference should be made by Customer to the terms of such manufacturers' warrantiesfor the conditions thereof. In the event MROstop.com has modified, altered or fabricated any of the products or systems sold by it, MROstop.comwarrants only that such modification, alteration or fabrication shall be free of defects in material or workmanship for one yearfrom shipment to Customer. As to such warranties by MROstop.com, its liability is limited exclusively to making replacement or repairs orto refunding the price for such modifications or alterations made by MROstop.com. Any Customer modifications, alterations or repairs(actual or attempted) to the products or systems by MROstop.com shall void all warranties of MROstop.com unless Customer has obtained prior writtenauthorization from MROstop.com consenting to such modifications or alterations.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MROstop.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER,INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS AND SYSTEMS, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULARPURPOSE.IN ADDITION, MROstop.com WILL NOT BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM AN ALLEGED BREACH OFSUCH WARRANTIES, IF ANY, OR FROM ANY OTHER ALLEGED BREACH OF ANY PROVISION OF MROstop.com'S CONTRACT WITH CUSTOMER.
MROstop.com staff are notauthorized to warrant the suitability of products or systems for any particular application beyond the state of use described orwarranty provided by the manufacturer for any such products or systems.In no event whatsoever shall MROstop.com be liable to Customer for any amount beyond the initial purchase price paid by Customer for the product or service.
6.
TAXES; GOVERNMENT REGULATIONS
. Unless otherwise expressly stated in the quotation, MROstop.com's quoted prices do not include sales,use, excise or any other federal, state or local taxes. Customer shall be liable for any such levies. Failure by MROstop.com to collectany such taxes from Customer with the initial invoiced amount shall not constitute a waiver of or bar to MROstop.com's right to bill andcollect from such Customer subsequently for such taxes. Customer shall comply with all governmental laws and regulations, and shallsecure all necessary approvals, if any, applicable to the delivery, use and sale of the products and systems and any other conductcontemplated by Customer's purchase of the products and systems.
7.
RETURNED PRODUCTS AND SYSTEMS
.Goods may not be returned by Customer without MROstop.com's prior written authorization. Any request to return must be made within 10 days from receipt of the goods. Returned goods must be in first class salable condition, in theiroriginal container, shipment prepaid and subject to inspection upon receipt by MROstop.com. When goods are returned because of anacknowledged error by MROstop.com, MROstop.com will rectify its error promptly without expense to Customer. If the authorized return is not becauseof a fault of MROstop.com or its suppliers, MROstop.com will undertake all reasonable action to minimize the expense of such returns; however, MROstop.comreserves the right to make a handling and re-stocking charge. Products and systems that have been manufactured or fabricated toCustomer's specifications are not returnable.
8.
SHORTAGES AND DEFECTIVE PRODUCTS AND SYSTEMS
. All claims for shortages, defects or incorrect products or systems shipped toCustomer must be filed by Customer with MROstop.com within 10 days of the receipt of the product or system. Claims for loss or damage intransit must be filed with the carrier as per Section 4 above.
9.
CATALOG INFORMATION
.The catalogs contained in MROstop.com's binders are provided by manufacturers of the equipment described therein.MROstop.com cannot assume responsibility for errors or omissions in any of the descriptions of the products and systems contained therein.MROstop.com reserves the right to make additions, deletions or modifications to its binders, and changes in its suppliers, withoutnotification to Customer.
10.
USE OF PRODUCTS AND SYSTEMS
. The installation and the operation of the products and systems purchased from MROstop.com in a safe mannerand in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) isCustomer's responsibility.
11.
OWNERSHIP OF DESIGNS
. If any engineering and/or design work is performed by MROstop.com for Customer relative to products ordered under this agreement, Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of MROstop.com.
12.
SMALL ORDERS
. Contact your MROstop.com office for minimum billings. Small orders are costly to handle and process. This is true forboth the buyer and seller. Contact MROstop.com's nearest office for suggestions on eliminating or minimizing the costs of small ordersplaced with MROstop.com.
13.
CHANGES IN TERMS AND CONDITIONS
. These Terms and Conditions are subject to change by MROstop.com without prior notice. As per Section 1above, these Terms and Conditions may not be altered in any way by Customer and MROstop.com hereby rejects any effort by Customer to effectany such alteration.
14.
CUSTOMERS
. Customer represents and warrants that it shall use any goods subject hereto solely for its own use in its businessoperations or for resale to other businesses for similar use. MROstop.com does not sell consumer products.
15.
FORCE MAJEURE
. If MROstop.com's ability to perform its obligations to Customer is limited, delay edor prevented in whole or in part byany event or condition not reasonably within the control of MROstop.com or its suppliers, including without limitation acts of God, war,civil strife, labor unrest, transportation delays, or by any law, rule, regulation, order or any other action of any publicauthority, MROstop.com shall be excused, discharged and released of performance to the extent such performance is so limited, delayed orprevented, without liability of any kind.
16.
WAIVER
. Waiver by MROstop.com of any default of Customer or of any provision hereof shall not be deemed a waiver of any other default ofPurchaser.
17.
CONTROLLING LAW
. The validity, construction and performance of these Terms & Conditions shall be governed by and construed inaccordance with the laws of the State of North Carolina, excluding that body of law applicable to choice of law. Each of theparties irrevocable consents to the exclusive jurisdiction and venue of the federal and state courts located in Mecklenburg County,North Carolina in any action relating hereto or to the subject matter hereof. In the event any provision of these Terms &Conditions or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, theremaining provisions of these Terms & Conditions shall remain in full force and effect. |