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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.