I. Terms & Conditions: General
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Materials provided on this site shall never be used for any criminal purposes. In those situations, Mechanical Technologies, LLC will not be held liable for any damages that those criminal actions, intentional or accidental, may have caused.
II. Terms & Conditions: Sale of Goods
1. ACCEPTANCE: All orders are booked subject to acceptance by the Seller. Acceptance of any order by Seller constitutes a complete and binding contract governed by the terms and conditions set forth herein and by the laws of the State of New Jersey.
Seller is not bound by any provisions in Buyer’s purchase order, if any which may impose any term or conditions herein. Seller’s failure to object to provisions contained in such purchase order of Buyer shall not be deemed to be a waiver of the terms and conditions herein which shall constitute the entire contract between the parties.
2. PAYMENT: No discount may be taken unless specified on the face of this document. A finance charge will be computed on pastdue balances.
3. IMPORTED GOODS: In this case of imported goods, Seller will order such goods from a foreign exporter from whom it believes it can procure goods of the best quality and will deliver such goods when received in the United States, f.o.b. port of arrival unlessnoted to the contrary on the face hereof. It is expressly understood and agreed that the actual receipt in the United States of the goods shall be a condition precedent to Seller’s liability to deliver and the failure of the goods to arrive due to any cause or condition beyond Seller’s control shall be a sufficient excuse for non delivery.
In the event definite prices are not made, imported goods will be invoiced at a price that will allow Seller a reasonable importer’s fee for doing the business and would cover the charges for United States tariff duties, insurance, transportation and any other items necessary to obtain and secure the goods, and Buyer agrees to pay such price upon delivery of the goods.
4. DELIVERY: Any delivery dates noted are subject to reasonable adjustment. Shipment or tender of delivery prior to receipt of written cancellation shall constitute good delivery.
5. TAXES: Taxes attributable to the sale shall be paid by Buyer. In the event any special taxes, sales or occupation taxes or new or additional customs duties are levied by the United States or any state of the United States, upon the goods specified herein or upon the sales of such goods, prior to delivery of this order, then the prices set forth herein shall be advanced to the extent of the increased cost caused thereby.
6. CREDIT: Seller reserves the right to limit or cancel the credit of Buyer as to time and amount and, as a consequence, may required payment either (i) cash before delivery, (ii) cash payment of sight draft against bill of lading or (iii) cash on delivery. Seller may demand payment in cash before delivery of any unfilled portion of this contract. In the event of breach or repudiation by Buyer or any contract with Seller, or in the event of the commencement by or against the Buyer of any bankruptcy, insolvency or arrangement proceeding with respect to Buyer, or in the event Buyer becomes insolvent, or calls a meeting of its creditors or makes any assignment for the benefit of creditors, Seller may cancel this or any other contract with Buyer. In the event of such cancellation, Buyer shall remain liable for damages.
7. CONTINGENCIES: Seller shall not be liable for any embargo, shortage of cars, act of governmental authority, labor trouble, accident, riot, casualty, Act of God, fire, flood, war or other condition or cause of like or unlike nature beyond the control of Seller which interferes with the production, supply or transportation of the goods sold hereunder. In any such event, Seller may, without notice to Buyer, postpone the delivery dates for a time which is reasonable under all the circumstances, or make partial delivery or cancel all or any portion of this or any other contract with Buyer.
8. CLAIMS: Buyer must accept delivery of the goods regardless of any claim, but such acceptance shall be without prejudice to such claim. However, no claim may be asserted unless made in writing by the Buyer to the Seller within 24-48 hours after any defect in the goods or in Seller’s performance hereunder becomes apparent. Seller’s liability with respect to the goods sold hereunder whether for breach of warranty or contract, defective goods, non delivery, negligence or otherwise is limited in amount to the purchase price of such goods, regardless of the nature, or extent of any loss. In no event shall Seller be liable for incidental, consequential, special damages or loss of profits.
9. ENTIRE CONTRACT: This document contains all the terms and conditions of the contract between Seller and Buyer with respect to the goods sold and said contract cannot be altered or modified except in writing signed by the Seller. There are no agreements, conditions, warranties, or representations with respect to the goods sold other than those herein express set forth.