Terms And Conditions
MARKETECH INTERNATIONAL, INC.
TERMS AND CONDITIONS OF PURCHASE
CONTRACT: By ordering goods describe herein, the Purchaser acknowledges it istransacting business at Marketech International, Inc. (herein referred to as Marketech), place of business Port Townsend, WA. This order shall be governed by and subject to the laws of the State of Washington.
QUOTATION, ACCEPTANCE: The quotation is intended as an offer to sell. Placement of an order by the Purchaser for goods quoted shall be deemed acceptance of all terms and conditions of this offer. Purchaser’s acceptance is expressly limited to the provisions on the face of this quotation, drawings and specifications agreed to in writing by Marketech. No statement representation, covenant or warranty not contained in this acceptance shall be binding on Marketech. No additional or different terms in purchaser’s purchase order or other communication shall constitute a part of the Acceptance unless expressly agreed to in writing by Marketech and no provision of the Acceptance may be changed or waived in any respect except in writing signed by an authorized agent of Marketech. In no event shall Marketech‘s failure to object to any additional or different provision in purchaser’s purchase order or elsewhere be deemed an acceptance of such provision or a waiver of any provision of this Acceptance.
TOOLING: Tooling charges listed separately may not represent the total cost of tooling thereof. Tooling charges represent the cost of special tooling required to produce said goods ordered. The tooling charged shall not be construed as a non-recurring charge due to normal wear and tear of the tool during use. Tooling shall remain the property of Marketech.
TESTS: All necessary tests shall be defined by the Purchaser and be expressly agreed to in writing by Marketech prior to order acceptance by Marketech. Marketech reserves the right to be present at any and all tests that may be made.
WARRANTY: Marketech warrants its products to conform to the specifications described on the quotation. This is Marketech’s sole warranty with respect to the goods quoted herewith. Marketech makes no other warranty of any kind, expressed or implied, including any implied warranty of merchantability, fitness or suitability for any Purchaser’s and/or user’s application of the goods. Marketech’s warranty shall be effective for a period of thirty (30) days after the goods are shipped and all claims must be made in writing to Marketech within the thirty (30) day period or be barred. Marketech at its sole option can request the goods in question be returned to Marketech with postage or freight prepaid. Marketech will, at its option and expense either replace or repair any goods which are defective or nonconforming under its warranty or refund the Purchaser the purchase price for any defective or nonconforming goods so determined by Marketech International. Marketech shall, in no event, have any other liability for any incidental or consequential expense, damage or loss incurred through use of our product whether or not it is traceable to the defective or nonconforming goods.
DELAYS/DELIVERY: Shipping dates are approximate and are based on prompt receipt of all necessary information from the buyer. Cause for delays may include lack of correct or complete data furnished by the Purchaser, changes or revisions in specifications requested or consented to by the Purchaser, tardy approval of drawings by the Purchaser or by any cause or condition beyond Marketech’s reasonable control. By way of example, but not exclusion, any of the following shall be a cause or condition beyond Marketech’s reasonable control, namely fire, strikes or labor trouble, orders of civil or military authorities, insurrections, riots, vandalism, car shortages, disasters, transportation delays, and inability to obtain satisfactory materials or manufacturing elements at rates or prices then generally in effect. Marketech will endeavor to ship goods promptly and meet the delivery date specified in the Offer but it is understood that Marketech cannot guarantee any time for delivery and in no event shall Marketech be liable for delay in delivery from any cause whatsoever. Changes in the delivery requested by the buyer are subject to acceptance by Marketech. All claims for shortage or differences in goods shipped must be made in writing to Marketech and shall be made within fifteen (15) days of receipt of goods by the buyer. Failure of the Purchaser to present any claim shall constitute a waiver and the Purchaser shall have no claim against Marketech.
PAYMENT TERMS: All prices are net and unless other terms are specified, the full price is to be paid within 30 days from the date of shipment. Payment is to be in United States dollars. Late payments are subject to a finance charge of 1/5% per month (18% per annum), or the maximum charge allowed by law if less than 1.5% per month, unless other arrangements are made. All orders are subject to Marketech’s management approval of and periodic review of credit and payment terms which may be modified by Marketech for cause as determined by Marketech’s management. If buyer is in default in payment on this or any other contract Marketech shall have the right to suspend further shipments until such default is corrected; and cancel any undelivered portion of this or any other contract due to the default. In the event that Marketech incurs cost and expenses, including but not limited to reasonable attorneys’ fee to collect what is owed under hereunder, and to otherwise enforce any of its right hereunder, such costs and expenses shall be paid by the Purchaser. A minimum of $1,000 applies to all orders.
TAXES: Marketech’s prices do not include sales tax, use excise or other taxes which may be levied, assessed or imposed upon the goods or the sale thereof at any time or after delivery therof at the f.o.b. point to the carrier or the Purchaser, unless otherwise noted on invoice. If any such taxes which have been collected by the Marketech from the Purchaser and paid to the taxing authorities are thereafter help inapplicable, Marketech will refund the same to the Purchaser only to the extent that the same has been refunded to Marketech by the taxing authority.
If the Purchaser is exempt from the payment of any specific tax which would otherwise be applicable, it shall be the duty of the Purchaser to furnish Marketech proper exemption certificates.
CANCELLATION: Orders may not be cancelled in whole or in part by the Purchaser unless otherwise agreed to in writing by Marketech. Purchaser shall be liable for Marketech’s cost and expenses (including without limitation engineering expense, raw material expense, tooling expense, labor expense, plus all commitment to Marketech’s suppliers and subcontractors) plus profit as determined by Marketech.
