M.A.N. Legal Terms
TERMS AND CONDITIONS
1. Controlling Provisions: Sale of any products or services by Seller,
the M.A.N. Foundation, a non-profit charitable organization, is expressly
conditioned upon Buyer's acceptance of these terms and conditions of
sale which supersede and replace all other terms proposed by Buyer to
the extent a conflict exists. Any additional or different terms proposed
by Buyer are objected to and not binding upon Seller unless specifically
agreed to in writing by Seller.
NOTE: All orders are subject to acceptance by the Seller.
2. Prices: Seller's prices are subject to change without notice. Seller
reserves the right to increase prices up to and including time of delivery.
3. Taxes: The gross amount of any sales, property, excise, use, value
added, or other similar tax applicable to the price, sale, or use or
delivery of any products or services furnished by Seller will, at Seller's
option, either be added to the price or be paid directly by Buyer unless,
prior to shipment, Buyer provides Seller with a tax exemption certificate
acceptable to the taxing authorities.
4. Transportation & Handling: All shipments routed by Seller to
any destination in the Unites States will be sent Freight pre-paid,
but a transportation charge and also a handling charge will be added
to invoice. Routing of shipments will be selected by Seller. Seller
will not ship in any special manner or insure shipments against loss
or damage unless so requested in writing by Buyer and then, at Buyer's
expense.
5. Risk or Loss: Seller's risk of loss, including the responsibility
for safe delivery, ceases when the transportation company receives shipment
in good condition. Goods should be examined on receipt and claims for
losses or damage incurred during transit should be reported directly
to the carrier immediately upon receipt of shipment. Seller assumes
no responsibility for collection of a loss claim.
6. Delivery: Delivery dates that are furnished by Seller are estimated
only and Seller assumes no responsibility for failure to deliver on
or about such dates.
Seller will not be liable for failure or delay in performance due to:
a.) acts of God, acts of Buyer, acts of civil or military authorities,
governmental regulations or priorities, software defects, virus problems,
Hardware or Software problems at the Server companies providing service
to the Seller, strikes, or other labor disturbances, fines, riots, wars,
or natural disasters including epidemics, storms, droughts, floods,
earthquakes or transportation delays.
b.) inability of Seller to obtain necessary materials, components, services,
or facilities, or
c.) without limiting the foregoing, any causes beyond Seller's reasonable
control.
7. Returns: Merchandise is not returnable without written consent of
Seller. Request for permission to return must be made within 30 days
after receipt of shipment. Seller will assign an authorized number for
approved returns which must appear on both the Customer's shipping container
and the related debit memo. Only current items in original cartons are
subject to return. All unauthorized returns will be sent back to the
Customer at her or his expense. Return shipment must be prepaid and
shipped in accordance with instructions set forth on the return authorization
form included in each shipping box.
8. Warranties/Disclaimers:
A) Products manufactured by Seller:
Seller's products are made from quality materials and are manufactured
to exacting specifications. Seller is not responsible for any minor
product variations, imperfections, discrepancies or other inconsistencies.
The warranties and remedies set forth herein do not apply to:
i) products, advice, assistance, or service or services which Seller
furnishes to Buyer for payment, as a business courtesy, or otherwise.
ii) any products or parts thereof which have been subjected to misuse
(including but not limited to any violation of Seller's instructions),
neglect (including but not limited to improper maintenance), improper
storage or incorrect installation.
THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND THERE ARE NO
OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT
TO ANY PRODUCTS OR SERVICES SOLD HEREUNDER, WHETHER AS TO MERCHANT ABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
B) Products not manufactured by Seller:
Warranty or warranties obtaining to products manufactured by a person,
company, entity or other organization other than Seller include solely
those warranties or warranty provided by manufacturer or manufacturers
of said products.
9. Limitations of Liability:
a) Seller will not under any circumstances, whether as a result of breach
of contract, breach of warranty, tort or otherwise be liable for consequential,
incidental, special or exemplary damages including , but not limited
to loss of profits or revenues, loss of use of or damage to any associated
equipment, cost of capital, cost of substitute products, facilities
or services, downtime costs, or claims of Buyer's customers.
b) SELLER'S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE
ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THIS AGREEMENT
OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED
THE INVOICE PRICE OF THE SPECIFIC PRODUCT OR SHIPMENT WHICH GIVES RISE
TO THE CLAIM
c) Seller will not be subjected to any liability, whether in contract,
warranty, tort, or otherwise on any claim for less or damage concerning
products, parts, advice, assistance, or service which Seller furnishes
to Buyer as a business courtesy, but are not required.