Currency: US Dollars
FOB: Cranberry Township, PA
Subject to credit approval. Major credit cards accepted. Please reference the MECCO quote number on your purchase order.
New Customers: Please complete the necessary information and submit your PO at www.mecco.com/newaccount.
(a) CONTRACT DOCUMENTS: Orders submitted in response to this quotation are subject to these terms and conditions. No agreement or other understanding in any way modifying these terms and conditions, whether contained in buyer’s purchase order or otherwise, shall be binding upon MECCO Partners, LLC ("MECCO") unless it is in writing signed by an authorized officer of MECCO. Orders submitted pursuant to this quotation shall not be binding upon MECCO until accepted by an authorized officer of MECCO. Verbal communication regarding a potential order for a stocked item will be honored for a maximum of two (2) weeks as long as a written order is not received for that same item from another source. If, however, a written purchase order is received from another source, the original customer will be contacted and given five (5) days to produce their purchase order. If a formal purchase order is not received within the two (2) week period, contact will be made with the purchaser to reconfirm their intention to order and a possible two (2) week extension will be granted at that time.
(b) APPLICABLE LAW: The laws of the state of Pennsylvania shall govern the relationship of the parties in respect to this quotation and any purchase order accepted in response hereto.
(c) PRICE: All prices quoted are F.O.B.: MECCO, Cranberry Township, PA., which is equivalent to INCOterms Ex Works (EXW), unless otherwise stated in our quotation. Prices will remain in effect for sixty (60) days from the date of the quotation unless otherwise stated. The purchaser is responsible for freight charges, and all taxes (except taxes based on MECCO's net income), fees or other local charges connected to the sale.
(d) DELAY IN SHIPMENT: Any shipping date shown is approximate. Every effort will be made to make shipment within the time stated, but MECCO shall not be liable for any damages resulting from delay in shipment, directly or indirectly, caused by: the purchaser, third party suppliers, fire, embargo, strike, act of God, enactment of any law, regulation, ruling, or order, or other cause beyond MECCO's control.
(e) DELIVERY: All equipment shall be shipped by MECCO F.O.B. Cranberry Township, PA. MECCO shall have the right to select the carrier unless designated by the purchaser. Upon delivery of the equipment by MECCO to the carrier, the carrier shall be deemed to be the agent of the purchaser and all risk of loss shall be on the purchaser. Conditions of sale are satisfied upon shipment.
(f) WARRANTY: MECCO warrants that its equipment shall be free from defects in materials and workmanship for a period of twenty-four (24) months from the date of shipment of the equipment from MECCO. This warranty does not apply to consumables. Any such defect must be discovered and communicated to MECCO during the Warranty Period. If MECCO technicians determine that the defects, if reported within the Warranty Period, occurred during the equipment’s normal and appropriate use, MECCO shall ship replacement parts to purchaser. If MECCO determines that the failed parts and/or equipment need to be analyzed at MECCO's location, purchaser is responsible for the cost of shipping parts and equipment to MECCO and back to purchaser from MECCO. If MECCO determines that the failure was due to a defect, MECCO shall, at MECCO's option, either repair or replace the defective parts or equipment. Warranty or other work requested at the purchaser's facility is subject to MECCO personnel schedules and to labor and travel time charges at the current rate, plus travel expenses. The purchaser is required to provide a Purchase Order requesting this work be performed at his/her facility. MECCO’s sole obligation under this warranty and purchaser's and customers’ sole remedy shall be the repair or replacement of those parts which are defective in material or workmanship. Should purchaser return to MECCO any equipment, which is not defective, purchaser shall pay the shipment costs plus MECCO’s minimum service charge. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MECCO MAKES NO WARRANTIES OR REPRESENTATION TO PURCHASER EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAILURE TO OPERATE THE EQUIPMENT IN ACCORDANCE WITH OPERATING MANUAL WILL VOID THIS WARRANTY. MECCO shall not be liable for any damage, including, but not limited to contingent or consequential damages, loss of product, resulting out of purchaser's negligence or faulty workmanship or operation of the equipment not in accordance with MECCO instructions, including, but not limited to the use of other options and/or accessories other than those recommended by MECCO. Use of options and/or accessories not recommended by MECCO shall result in an express waiver to claim any rights under this warranty. MECCO shall not be liable for loss, damage, delayed delivery or failure to deliver resulting from causes beyond its control or acts of God, including, but not limited to acts of an authorized MECCO distributor or agent, acts of civil or military authority, fires, strikes, other labor disturbances, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, car shortages, casualties, or any other cause or circumstance, whether similar or dissimilar to the foregoing, which affects the production, transportation or delivery of the equipment or any material used in or in connection with their production, nor shall MECCO in any event be liable for consequential or special damages on account of any delay or failure to manufacture or deliver. The performance of this agreement shall be suspended during the occurrence of the herein above-mentioned events and shall resume in full force and effect when these events cease to prevent the enforcement of this agreement. MECCO shall indemnify and hold purchaser harmless against any claims, disputes or complaints filed against purchaser arising out of any third party claim on patent or other intellectual property rights relating to the MECCO equipment.
(g) CANCELLATION: Orders placed pursuant to this quotation and accepted by MECCO can be canceled only with MECCO written consent and may be subject to a cancellation fee.
(h) MACHINE SAFETY: It is the purchaser's responsibility to provide proper safety devices including noise abatement devices and equipment to safeguard the operator from harm for any particular use and to adequately safeguard the equipment to conform to government safety standards. Purchaser shall indemnify and hold MECCO harmless from all claims or liabilities from accidents involving the equipment caused by the failure of purchaser to follow instructions, warnings or recommendations furnished by MECCO to comply with federal, state, local laws applicable to the equipment. Purchaser shall notify MECCO promptly of any accident involving the equipment within thirty (30) days after occurrence and shall cooperate fully with MECCO in investigating and determining the cause of the accident.
(i) TERMS AND CREDIT APPROVAL: 50% due upon order, 40% due prior to shipment, 10% net 30 upon shipment from MECCO. Subject to credit approval by MECCO (which may include the submission of three trade credit references by the purchaser), special terms may be arranged. A service charge of 1-1/2% per month will be applied on the unpaid balance beginning thirty (30) days after invoice.
(j) PURCHASE ORDERS: All sales require a purchase order. All purchase orders are subject to the terms and conditions as set forth herein. No other modifications of terms as set forth on a purchase order will be acceptable unless previously approved in writing by an officer of MECCO.
(k) LEASING COMPANY: If purchasing through a leasing company, a purchase order and credit references are needed from the leasing company. We also require a letter that guarantees payment directly to MECCO.
(l) SALES TAX DUTIES AND FEES: All sales, use, or other taxes (except taxes based on MECCO's net income) imposed on MECCO to collect are the purchaser's responsibility. If purchaser is tax exempt, a valid signed sales tax exemption form(s) from your city, state or other govenmental agency must be provided. Purchaser is responsible for all duties and consumption taxes so imposed, and all costs incurred by the seller, including legal and other collection fees.
(m) RETURNS: All returns must be authorized and a restocking fee will be charged.
(n) EXPORT CONTROL REGULATIONS: The goods that are the subject of this document and related technology are subject to export and re-export restrictions under U.S. and other countries’ export control regulations, including without limitation the U.S. Export Administration Regulations, regulations of the U.S. Office of Foreign Asset Control and comparable laws and regulations of other countries, which may require U.S. or other government approval for any re-export or retransfer (“Export Control Regulations”). Buyer warrants that it: (1) will adhere to and comply with all applicable Export Control Regulations and any applicable terms, conditions, procedures and documentation requirements made known to Buyer that may be promulgated by MECCO from time-to-time to comply with the Export Control Regulations; (2) will not, directly or indirectly through a third party, ship MECCO materials to Cuba, Iran, North Korea, Syria, Sudan or any other country subject to trade embargoes in violation of Export Control Laws. Buyer acknowledges that MECCO will not proceed with a shipment when MECCO knows that the MECCO products in that shipment are destined for a sanctioned country. Buyer represents that neither Buyer nor any of its principals, officers, or directors, or any person or entity known to Buyer to be directly involved in this transaction as freight forwarder, customer, end-user, consultant, agent or otherwise is designated on any of the U.S. government restricted parties lists, including without limitation the U.S. Commerce Department Bureau of Industry and Security Denied Persons List, Entity List or Unverified List, the U.S. Treasury Department Office of Foreign Asset Controls Specially Designated National and Blocked Persons List or the U.S. State Department Directorate of Defense Trade Controls Debarred Parties List or restricted parties lists of any country having jurisdiction over Buyer or the transaction involving the goods that are the subject of this document or related technology.
(o) ANTIBOYCOTT PROVISIONS: Buyer will not request of MECCO information or documentation where the purpose of such request is to support, give effect to or comply with a boycott of any country in contravention of the laws or policies of the United States. MECCO hereby rejects any such request by Buyer and will report receipt of any such request to the relevant U.S. government office, as required by law.
(p) ANTICORRUPTION AND ANTIBRIBERY: In relation to any transaction involving the goods that are the subject of this document or related technology, Buyer shall not seek to obtain or retain business or gain any other advantage by making or offering to make any payment of money or by providing or offering to provide anything of value, directly or indirectly, to: (1) any government official; or (2) any non-governmental person, in either case with the intent that such official or person will perform their responsibilities improperly. Buyer warrants that it will comply with the anticorruption laws and anti-bribery laws of any country having jurisdiction over Buyer or the transaction involving the goods that are the subject of this document or related technology, and will in all cases comply with the U.S. Foreign Corrupt Practices Act.
(q) NONCOMPLIANCE: In the event that MECCO reasonably believes that any provision of this Clause has or may have been breached, Buyer shall cooperate fully with MECCO’s investigation to clear the matter and MECCO shall not be obligated to sell or provide goods or technology or take any other act in furtherance of any transaction or agreement while such investigation is pending and such suspension or forbearance by MECCO shall not constitute breach of any obligation in respect of the transaction to which this document applies or otherwise.
Products, technical data, and services of MECCO are subject to U.S. export controls under the applicable laws and regulations of the United States. Diversion contrary to U.S. law is prohibited. In addition, commodities may not be exported or re-exported to entities and persons that are ineligible under U.S. law to receive U.S. product and technology.
No other terms and conditions are acceptable. Any modification of these terms must be in writing and approved by an officer of MECCO.