MXD Process Terms & Conditions
These terms outline the agreement between MXD Process (the "Seller") and the buyer. They cover all sales transactions and supersede any prior agreements.
For a more detailed review of our terms and conditions, please visit - www.mxdprocess.com/terms-conditions
Pricing and Taxes
- Prices do not include sales, use, and excise taxes, which are the buyer's responsibility.
- The seller will calculate and collect appropriate sales taxes when applicable.
- Buyers with tax-exempt status must provide valid certificates before purchase.
Payment Terms
- Full payment, including shipping and taxes, is due when the goods are ready for shipment unless credit terms are agreed upon.
- Payments can be made via wire transfer, check, ACH, or credit card.
- Late payments incur interest.
Title and Shipment
- Title remains with the seller until full payment is made.
- Goods are shipped FOB shipping point, and the buyer assumes risk upon delivery to the carrier.
- Buyers must insure goods against damage or loss until fully paid.
Delivery
- Delivery dates are estimates, not guarantees.
- The seller is not liable for delays due to unforeseen circumstances beyond their control.
Buyer Responsibilities
- The seller is not liable for delays caused by the buyer's actions or omissions.
- Payment is required upon delivery to the carrier, regardless of the buyer's receipt.
Inspection and Nonconforming Goods
- Inspect goods within 10 business days of delivery.
- Notify the seller in writing of any issues within this period.
- The seller will replace or refund nonconforming goods at their discretion.
Warranty
- New equipment is warranted against defects for 12 months.
- Used equipment is sold "as is" with no warranties.
- The seller is not liable for misuse, improper installation, or unauthorized repairs.
Remedies
- The seller will repair, replace, or refund defective goods.
- The seller's liability is limited to the purchase price of the defective goods.
Cancellation and Returns
- Orders can be canceled with written notice 30 days before shipment, subject to a cancellation fee.
- Standard goods may be returned with a 50% restocking fee; custom goods cannot be returned.
Limitation of Liability
- The seller is not liable for indirect, special, or consequential damages.
- The seller's total liability is limited to the amount paid for the goods.
Agreement Term and Termination
- This agreement applies to all future orders.
- Either party can terminate with 30 days' notice.
- The seller can terminate immediately for non-payment or breach of terms.
Confidential Information
- All non-public information provided by the seller is confidential and for the buyer's use only.
Engineering Services
- Engineering services are subject to prepayment and specific review processes.
- Additional services or changes are charged separately.
Force Majeure
- The seller is not liable for delays or non-performance due to circumstances beyond their control.