MAC Engineering & Equipment Co. Inc. ©2012 | MAC Terms and Conditions
MAC Engineering & Equipment
2775 Meadowbrook Road, Benton Harbor, MI 49022 USA
Tel: +1 (269) 925-3295
Fax: +1 (269) 925-3305
E-mail: maceng@mac-eng.com
MAC Terms and Conditions
ACCEPTANCE AND PRICE: Quotations are held open for ninety (90) days unless extended by MAC Engineering and Equipment co., Inc. Prices do not include sales, use, excise or other similar taxes, and the Purchaser shall pay all such taxes. Additional charges may be made to cover any unforeseen or unusual cost elements, which have not been contemplated including, but not limited to, overtime work authorized by Purchaser and special packing, engineering and documentation. ALL ORDERS ARE SUBJECT TO CREDIT APPROVAL.
SHIPMENT: Shipment is FOB shipping point and occurs when the products are delivered in good order to the carrier, whereupon our responsibility for the product ends. If shipment as originally specified is delayed by Purchaser, we reserve the right to invoice Purchaser and store the products at Purchaser’s expense.
CANCELLATION OR SUSPENSION: All dates fixed for shipment, delivery, and installation as set forth herein are made in good faith, and we will use all reasonable diligence to ensure adherence to those promised. We shall not be liable for any loss or damage resulting from delay in shipment due to fires, floods, strikes, riots, thefts, accidents or other causes beyond our reasonable control. The time for delivery will be extended for a period equal to the time lost by reason of any such delay. Cancellation or suspension by Purchaser will only be accepted on terms indemnifying us against loss.
PATENTS: We will defend and hold harmless Purchasers of the products identified herein against charges of infringement of apparatus claims of United States Patents issued at the time of acceptance of the order by us, provided such charges are based exclusively on mechanical infringement by apparatus designed and manufactured by us. Before this responsibility shall arise, we must be notified in writing and tendered in the right to defend, settle, or make any changes for the purpose of avoiding infringement. Under no circumstances will our liability exceed the purchase price of the products furnished. MAC Engineering and Equipment Co., Inc. is not responsible for infringement resulting from the apparatus being modified, combined, changed, consumed or used. If Purchaser furnished specifications to MAC Engineering and Equipment co, Inc., Purchaser shall defend and indemnify MAC Engineering and Equipment Co., Inc. against loss by reasons of any claim arising out of compliance with the specifications.
SUBSTITUTION: MAC Engineering and Equipment Co., Inc. reserves the right to substitute material in order to complete contract; any substitution involving change in price to be adjusted accordingly. We will advise of any substitution and price change before proceeding with purchase of materials.
SAFETY DEVICES: IT IS SOLELY THE RESPONSIBILITY OF THE PURCHASER TO FURNISH AND/OR SPECIFY APPROPRIATE GUARDS FOR MACHINERY PARTS in compliance with OSHA standards, as well as any other safety devices desired by Purchaser and/or required by law. MAC Engineering and Equipment Co., Inc. will endeavor to comply with OSHA standards and state safety regulations at its manufacturing location which are in effect and known to us at the time of receipt of order which relate solely to the physical characteristics of the products and not to those relative to which compliance can and/or does involve circumstances of use of the product.
MINIMUM ORDERS: The minimum charge per order is $50.00 (U.S. dollars).
REPRODUCTION: The purchaser has no rights to reproduce any equipment, or portions thereof, tendered by MAC without written permission from MAC Engineering and Equipment Co., Inc.
PACKING: Prices cover MAC’s standard packing for either domestic or export shipment. For special packing, a separate quotation will be provided.
CLERICAL ERRORS: MAC reserves the right to correct clerical errors and/or omissions occurring on quotations and/or order acceptances.
PRODUCT USAGE: The Purchaser shall hold MAC Engineering and Equipment Co., Inc. harmless for any liability including direct, incidental or consequential damage relating to the operation of equipment tendered.
CANCELLATION: If this proposal is accepted by you, and thereafter you shall give us notice of cancellation or revoke your order for all or part of the materials and service to be furnished by us, you will agree to reimburse us for all of our costs incurred and commitments undertaken to the date of such cancellation or revocation.
TERMS: Payment terms are subject to MAC credit approval.
FIELD SERVICE: MAC Engineering and Equipment Co. will supply a field service technician for $800.00 per day for a number of days agreed upon in advance,
including travel time. This technician will start up and instruct Purchaser’s personnel in the operation of the newly installed equipment. The purchaser will also be responsible for air travel, living and automobile rental expenses of the MAC field service technician from day of departure from Benton Harbor to day of return to Benton Harbor.
Qualification for this service requires that actual payment, or acceptable instructions of payment for the equipment has been received by MAC. Physical installation of equipment and utilities to be made by the customer prior to arrival of the field service technician.
A service call which extends beyond the agreed upon time necessary to start up the new equipment, and which is at the request of the customer, will also be charged at a rate of $700.00 per day labor plus expenses for the extended time period until day of return to Benton Harbor of the field service technician. Field service requests for previously installed equipment will be charged at a rate of $800.00 per day labor plus air travel, living and automobile rental expenses from the day of departure from Benton Harbor to the day of return to Benton Harbor. Service work shall be made during a regular established workweek, not to exceed eight hours per day, Monday through Friday inclusive, on a daytime shift between 8:00 a.m. and 4:30 p.m. Should Purchaser require and request work or travel on Saturday, Sunday or a legal holiday, extra charges are to apply. Saturday, Sunday or legal holiday work is not to exceed eight hours per day.
Service must be organized for completion within 12 months from the date of the related machine’s MAC invoice. MAC reserves the right to refuse requests for service in areas considered hostile and unsafe for travel.
COMPLETE AGREEMENT: THE COMPLETE AGREEMENT BETWEEN MAC ENGINEERING AND EQUIPMENT CO., INC. AND PURCHASER IS CONTAINED HEREIN, AND NO ADDITIONAL OR DIFFERENT TERM OR CONDITION STATED BY PURCHASER SHALL BE BINDING UNLESS AGREED TO BY US IN WRITING. The failure of MAC Engineering and Equipment Co., Inc. to insist upon strict performance of any of the terms and conditions stated herein shall not be considered a continuing waiver of any such term or condition or any of our rights.
MANUFACTURING DEVICES AND TECHNICAL INFORMATION: Unless otherwise agreed, all manufacturing devices, designs, data or other technical information relating to an order shall remain our property.
WARRANTY: We warrant to the Original User that the products manufactured will be of good merchantable quality, free from defects in materials and workmanship and will possess the characteristics represented in writing by us.
The above warranty shall begin on the date of shipment invoice to the Original User and continue for a period of twenty-four (24) months excepting gas burners and controls, machine bearings, oil hydraulics, rubber components, tooling such as dies, welder tips and casting molds, electrical and computer related components, and normal expendable parts such as belts and wire brushes. These exceptions are warranted for 30 days from shipment invoice to Original User.
Any claim for breach of the above warranty must be made, in writing, within the twenty-four (24) month warranty period. Upon satisfactory proof of claim, we will, within a reasonable time, correct the defect either (at our option) by repairing any defective part or parts which are returned to us (upon our prior written authorization), freight prepaid, or by making available at your plant (via lowest freight rate) a repair or replacement part. In the case of standard parts and components furnished but not manufactured by us such as motors, blowers, heaters, controls, etc., we extend to you the same warranty as is given us by their respective manufacturers. THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF PRODUCT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This warranty statement sets forth the extent of our liability for breach of any warranty or deficiency in connection with the sale or use of the products. It is understood that we will not be liable for consequential damages of any nature, including but not limited to, loss of profit, delays or expense, whether based on tort or contract.
CUSTOMER SUPPLIED MATERIALS TESTING: Materials supplied by the customer for purposes of pre-shipment testing become the property of MAC Engineering and Equipment Co., Inc. and will not be returned or credited to the customer.
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Revised 07-01-09
