MAR-TEK INDUSTRIES, INC., MAR-TEK EAST, & IMAGE TEK
(All separately referred to as “the Company”)
TERMS AND CONDITIONS OF SALE
The Company warrants that each product to be delivered hereunder will be of the kind The Company warrants that each product to be delivered hereunder will be of the kind designated or specified, as the case may be, and no other warranty, except of title, shall be implied. The liability of the company (except as to title) arising out of the supplying of said product, or its use, whether on warranties, contract, negligence or otherwise shall not in any case exceed the cost of correcting defects in the product as herein provided, and upon the expiration of the applicable warranty period specified herein, all such liability shall terminate. The foregoing shall constitute the sole and exclusive remedy of the purchaser and the sole and exclusive liability of the Company. THE WARRANTIES STATED IN THIS PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR PURPOSE.
ANY TECHNICAL ADVICE FURNISHED OR RECOMMENDATION MADE BY THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY CONCERNING ANY USE OR APPLICATION OF ANY PRODUCT FURNISHED UNDER THE CONTRACT IS BELIEVED TO BE RELIABLE BUT THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF RESULTS TO BE OBTAINED. The purchaser assumes all responsibility for loss or damage resulting from the handling or use of any such product.
COPYRIGHT AND TRADEMARK LEGAL NOTICE
All items are custom manufactured to your specifications. We cannot accept liability for copyright or trademark infringement on designs submitted to us by you and manufactured for you. By submitting a design of a copyrighted or trademarked item, you warrant that you have been authorized by the copyright or trademark owner or its agents or representatives to have that design manufactured by us on your behalf.
Unless otherwise specifically provided in writing, title of the product shall pass to the purchaser upon delivery to the carrier f.o.b. point of shipment and thereupon all risk of loss or damage shall be upon the Purchaser whose responsibility it shall be to file claims with the carrier.
Shipping dates are approximate and are based upon the prompt receipt of all necessary information.
The company shall not be liable for delay in delivery, or failure to manufacture, due to causes beyond its reasonable control, or due to acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics; quarantine restrictions, war, riot, delays in transportation, car shortages or inability due to causes beyond its reasonable control to obtain necessary labor, materials, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. All orders shipped within +/- 10% will be considered complete.
Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. If shipments are delayed by the Purchaser, payment shall become due on the date when the Company is prepared to make shipment. If the work covered by the purchase order is delayed by the Purchaser, payments shall be made based upon the purchase price and the percentage of completion. Products held for the Purchaser shall be at the risk and expense of the Purchaser.
Volume pricing applies to all independent orders shipped in a maximum of two shipments (releases), the second release occurring within ninety days of the first release. For any blanket order requiring a longer term than 30 days or more than two shipments, arrangements must be made prior to placement of the order, or the order will be subject to volume pricing.
If the financial condition of the Purchaser at any time does not in the judgment of the Company, justify continuance of the work to be performed by the Company under the Purchase order on the terms of payment originally specified, the Company may require full or partial payment in advance and, in the event of bankruptcy or insolvency of the Purchaser or in the event any proceeding is brought by or against the Purchaser under the bankruptcy or insolvency laws, the Company shall be entitled to cancel an order then outstanding and shall receive reimbursement for its cancellation charges.
Service charge of 1.5 percent Monthly (18% Annually) may be charged on past due invoices.
Title and right of possession of the products sold hereunder shall remain with the Company and such products shall remain personal property until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title within the Company.
SALES AND SIMILAR TAXES
The Company’s prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise, or other similar tax applicable to the sale of products hereunder or the use thereof by the Company or by the Purchaser shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide the Company with a tax exemption certificate acceptable to the taxing authorities.
The Purchaser may cancel his order provided he gives written notice to the Company and pays to the Company the latter’s cancellation charges if any.
The Company will comply with all applicable Federal, State and local laws.
In no event shall any claim for special or consequential damages be made by either party.
Purchaser’s assignment of his order, or of any interest therein or of any rights hereunder, without the written consent of the Company shall be void.
This acknowledgement contains the entire agreement between the Company and the Purchaser respecting the subject matter hereof and any representation, promise, condition or understanding not contained herein shall not be binding upon either party.
No waiver, alteration or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive officer of the Company.
No claims allowed unless made within 10 days from date of shipment.
Returned goods will not be accepted without sellers written authorization and the authorization number must accompany the returned shipment.
The Company’s production and sale of goods is generally custom in nature, all sales are considered final and goods may not be returned. Any instances where an exception may be made will be accompanied by a re-stocking fee as determined by the Company.
Credit terms may be available upon request and submission to Company of requested credit information, otherwise shipments are C.O.D.