TERMS AND CONDITIONS FOR REPAIR, MODIFICATION, MANUFACTURE, REMANUFACTURE, REVERSE ENGINEERED PRODUCTS, AND OR SALE OF NEW EQUIPMENT OR REPLACEMENT PARTS.
Title and right of possession of repaired equipment remains with the Customer, subject to applicable lien rights of Machinery & Parts Export, LLC (“the Company”). Customer is encouraged to inspect work in process. Equipment access during normal working hours will be provided.
The Company’s prices do not include any: sales, use, excise, or other taxes. Therefore, any applicable sales, use, excise, or other tax due to the modification, manufacture, repair, or sale of replacement parts will be paid by the Customer. The Customer must provide a certificate of tax exemption acceptable to the taxing authority in lieu of payment.
Invoices are due upon receipt. Monthly progress billings will be made for partial work completion. Final billing will be made on shipment or work completion (whichever occurs first). Invoices over 30 days are subject to finance charges of 1-1/2% per month.
Work completion or shipping dates are “Best Estimate” and based on prompt receipt of necessary parts, material, equipment and information. The Company will not be liable for delays in work completion, or delivery dates, due to (1) causes beyond its reasonable control, (2) Acts of: God, the Customer, or civil or military authority, (3) fires, strikes, floods, weather, epidemics, riots, war, or transportation, (4) its inability to obtain proper labor, materials, parts or operating facilities. In the event of any such delay, the shipping date will be extended an equal amount. All shipments, inbound or outbound, are FOB: the Company’s Freight Forwarders.
WARRANTY – NEW EQUIPMENT ONLY:
If any portion of work performed or replacement parts supplied by the Company prove to be defective, within ninety (90) days from work completion, or shipping date, whichever occurs first, the Company, after receipt of prompt written notification from the Customer, will correct such defect at its expense and at its option by reworking, repairing, or replacing such work or part. The Company’s liability in connection with this warranty shall not exceed 65 percent of the total contract price including any rework and or replacement parts costs. At the end of this 90 days any and all Company liability is terminated. The Company will not be liable for any loss or damages from its failure to discover or repair latent defects in the equipment design. Additionally the Company will not be liable for any special, indirect, incidental, or consequential damages. This is the sole remedy of the Customer, (and the sole liability of the Company). ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANT LIABILITY AND FITNESS FOR PURPOSE, ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.
In no event will the Company be liable for incidental, special, indirect, or consequential damages. The Company’s liability on any claim of any kind, on any theory, of recovery at law or in equity, or otherwise, for any loss or damage arising out of, connected with, or resulting from this Agreement, or from the performance or breach thereof, or from the repair or use of any equipment covered by or furnished under this Agreement will in no case exceed 65 percent of the total amount of the contract price.
The Company retains the right to subcontract any or all of the work outlined in this proposal. The Company’s employees assigned to work on the Customer’s equipment or on the Customer’s premises will remain under the control and supervision of the Company and will not be construed as employees of the Customer. Any assignment of this order, will be valid only after written consent of the Company. The provisions of this Agreement are for the benefit of the Customer and the Company only and not for any other entity. This Agreement is the entire agreement between the Customer and the Company. No waiver, alteration, or modification of any of the provisions will be binding unless accepted and signed in writing by an authorized representative of the Company. This Agreement will be governed by, and construed in accordance with the laws of the State of Florida, USA.