Terms & Conditions of Sale
The following terms and conditions of sale are to be made a part of all quotations, contracts and/or sales made by MACG unless stated otherwise in our quotation or contract of sale.
Acceptance and Agreement – Proposals not acted upon within thirty (30) days must be confirmed as to price, delivery, terms and specifications. Three (3) written documents, i.e. our proposal, your purchase order and our acceptance, constitute the entire contract between us, which can be modified by written agreement only.
Disclaimer - Except as otherwise prohibited by law, MACG disclaims and shall not be responsible for any liability, indirect, special incidental, consequential, exemplary, punitive, and/or loss of enjoyment damages. The obligations of MACG specifically stated in this agreement are given in lieu of any other obligation or responsibility, express or implied, including any representation of merchantability or fitness for a particular purpose.
Price/Performance – All pricing and equipment performances figures quoted herein are based on information and product samples available to us at the time of quotation. Any change in equipment specifications, terms or product configuration before or during fabrication of the equipment quoted may result in additional charges. The price quoted is in U.S. dollars, F.O.B. factory.
Taxes – Prices do not include any sales or use taxes and are the buyer’s responsibility. Any tax imposed by any present or future law on the sale of the articles covered hereby shall be added to the amount in our quotation.
Interface – It is the responsibility of the buyer to provide for any necessary design, engineering, set-up, test and debugging of the interface between Seller equipment and the Buyer’s equipment unless such interface is specifically described and is included as part of the Seller equipment proposal. All Buyer’s equipment furnished to Seller for interface shall be provided at no cost to Seller and Seller shall not be liable for any damages or costs incurred by the Buyer in connection with the furnishing of such equipment unless damages and costs are due to negligence by Seller.
Cancellation and Claims – Our order is not subject to deferment of shipment nor cancellations unless Seller is indemnified against loss resulting therefrom. Loss or damage claims must be filed by you with the delivering carrier.
Terms of Payment – See Terms above - All and any cost associated with the transfer of funds and/or collection costs incurred by a collection agency or attorney caused through a collection of payment(s) from the customer shall be added to the account of the customer.
Liability – Purchaser hereby indemnifies and holds harmless Seller against and from any and all claims, suit, causes of action, judgements or damage to property, loss of production or injury or death to persons, including the property and employees of Purchaser, occasioned in any manner, directly or indirectly from the installation, maintenance, use and operation of the equipment, including without limitation, any judgement against Seller, its officers, fees and cost, if any, incurred by or on behalf of Seller.
Shipping Policy – Orders will be shipped via indicated by Purchaser’s shipping preference at the time of check-out.
Return Policy – All returns will be credited back to the original purchase date if return is approved by MACG and requested within the 30 days of product’s arrival at buyer’s destination. All other returns will receive store credit. Shipping costs for the returned products will be covered by Purchaser. All returned orders will be subject to a restocking fee of 15%.
Warranty – Seller guarantees the equipment to perform the functions as outlined in the proposal, when supplied with correct utilities. All equipment of our manufacture is guaranteed against defective materials and workmanship for a period of one (1) year from the date of shipment from our factory. Normal wear and tear, abuse, misapplication or misuse incorrect adjustments by the customer and failure due to operating with samples that are different from those supplied and used during construction of the equipment is, by necessity excluded from this warranty. We will not accept any charges for work performed by Purchaser in making adjustments or repairs to the equipment unless such work has been authorized in writing by Seller.
Corrosion Exclusion - The seller specifically does not warrant resistance to corrosion of stainless steel or other metals normally used in the fabrication of its equipment. The seller is not liable for loss or damage due to corrosion from exposure to aggressive liquids, atmospheres or failure to carry out proper passivation. The seller is not liable for Buyer’s failure to clean or care for the equipment supplied by Seller.
Force Majeure - Definition – Force Majeure shall mean any event condition, not existing as of the date of sale, not reasonably foreseeable as of such date and not reasonably within the control of either party, which prevents in whole or in material part the performance by one of the parties of its obligations hereunder of which renders the performance of such obligations difficult or costly as to make such performance commercially unreasonable. Without limiting the foregoing, the following shall constitute events of conditions of Force Majeure: acts of State or governmental action, riots, disturbance, war, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, epidemics, fire, flood, hurricane, typhoon, earthquake, lightening and explosion.
Notice – Upon giving notice to the buyer, of Force Majeure, MACG, shall be released without any liability on its part from the performance of its obligations under the sales agreement, except for the obligation to pay any amounts due and owing hereunder but only to the extent and only for the period that such performance is so affected by the event of Force Majeure, and its cause and possible consequences. The party claiming Force Majeure shall promptly notify the other party of the termination of such event.
Suspension of Performance – During the period that the performance by one of the parties of its obligations under this sale has been suspended by reason of an event of Force Majeure, the other party may likewise suspend the performance of all or part of its obligations hereunder to the extent that such suspension is commercially reasonable.
Termination – Should the period for Force Majeure continue for more than six (6) consecutive months, MACG, may terminate this sale without liability to the buyer, upon giving written notice to the other party.
Disputes – Mandatory Arbitration - Any claim, dispute or controversy regarding any contract, tort, statute or otherwise ("Claim") arising out of or relating to this agreement or the relationship among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA") under the AAA Commercial or Consumer Rules (as applicable) in effect at the time the claim is filed ("AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1(800) 778-7879. The place of arbitration shall be Los Angeles, California and interpretation of any contract, tort, statute or otherwise shall be governed by, interpreted and construed in accordance with the laws of the State of California. The arbitrator's decision shall be final binding and non-appealable. Judgment upon the award shall be entered and enforced in Los Angeles County Superior Court. /
Title – In the event the Buyer fails to pay as agreed in the purchase contract, the seller shall have the right to immediate possession of the equipment and to enter upon the premises where the equipment may be located and remove same.
General – Our final quotation supersedes any previous quotation or agreement and constitutes, if accepted, the complete and exclusive statement of the agreement. Your purchase order and or deposit payment constitutes your acceptance of the quotation and all the terms and conditions contained therein. No modification of or addition to or waiver of any of the terms and conditions thereof will be effective unless agreed to in writing by us.
Delivery – Delivery is quoted in calendar days or weeks from receipt of the written purchase order or signed quotation. We are not responsible for delays relating to shipment or delivery of any custom built equipment due to circumstances beyond our control.
PQL;jg – rev:11142020
Last Updated: 3/19/2021