TERMS OF PURCHASE FOR BUYERS
GOODS AND SERVICES SOLD BY MECHANIDRIVE.COM., OR ITS SUBSIDIARIES ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN BUYER’S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON MECHANIDRIVE.COM, UNLESS AGREED TO IN WRITING BY A MECHANIDRIVE.COM, CORPORATE OFFICER. BUYER’S ACCEPTANCE OF A QUOTE VIA A PURCHASE ORDER, SHIPMENT OR PERFORMANCE AND/OR PAYMENT FOR THE GOODS OR SERVICES CONSTITUTES ACCEPTANCE OF MECHANIDRIVE.COM, TERMS & CONDITIONS OR SALE HEREIN.
A) PRICE: Prices in effect at time of shipment of goods or performance of services shall prevail. All prices quoted by MECHANIDRIVE.COM are subject to change without notice. Prices do not include any shipping, freight, duties, wire transfer fees (incoming or outgoing), A.P.R’s, processing fees, credit card fees, stocking fees, or re-stocking fees. Prices reflect the unit price solely. Quotes are good for time specified on the quote form, no other pricing will be granted for delays in orders after that date. A re-Quote may be required in order to accept any orders. Present or future sales, use, excise, value-added or similar taxes and, where applicable, such Taxes shall be billed as a separate item and paid by Buyer unless a Tax Exemption Certificate in the state they are licensed and registered as a business is presented to out Payables Department.
B) PAYMENT TERMS:
ECOMMERCE CUSTOMERS: Payment must be made via PayPal, VISA, MasterCard, Discover or American Express. Your credit card statement will read: MECHANIDRIVE for your transaction. We bill and collect payments at the time of your transaction. This date will most likely be different than your actual shipping date depending on the products availability as well as other factors. Once your payment has been funded by our processor we will ship your goods. If there is a claim or dispute that arises with your order he Buyer agrees to reimburse MECHANIDRIVE.COM for all dispute notice fees if the claim is unfounded. You will receive a copy of the order receipt for the payment at the time of checkout. We are a PCI compliant company and do not store your personal or credit card information. Refunds will be issued per our return policy which can be found at MECHANIDRIVE.COM under the section titled “Shipping & Returns.”
OPEN ACCOUNT CUSTOMERS: This does not include C.O.D., wire transfer, prepaid funds, credit account deposited funds or credit card processed payments where associated monies are required to be cleared through our bank account before products will be shipped; MECHANIDRIVE.COM bills on a 2% NET 15 cycle or no-discount NET 30, this is a subjective and based upon credit verification, background checks, order size, or any other reason as decided by the officers of the corporation or its successors, no exceptions. A late payment charge of 2% per month (an annual percentage rate of 24%) shall be charged on all past due accounts and Buyer shall pay MECHANIDRIVE.COM all costs incurred by it in collecting any past due account from Buyer, including all court costs and attorney’s fees. However, if the foregoing charges exceed that rate which is the maximum permitted by law, and then such charges shall be calculated to be the highest allowable lawful rate. The remittance portion of the invoice shall accompany payment. Alternatively, payments and other adjustments must reference the invoice number to assure proper credit. Deductions, if any, must clearly indicate reason and reference the applicable MECHANIDRIVE.COM credit memo number or other supporting document(s). By accepting the Sales Order from MECHANIDRIVE.COM, and by issuing a purchase order to our company, whether verbal or written, the buyer (Buyers Company and/or corporate financial officers and partners) accepts both corporate and personal liability for the payment of those goods and services. Your issuance of an order to MECHANIDRIVE.COM, guarantees person liability above and beyond corporate repayment. ANY and ALL NSF, return check fees, credit card processing fees, bank fees, and collection fees and/or any other fees or liens resulting from of lack-of-payment in any proportion will be the responsibility of the customer.
C) WARRANTIES: Goods are sold only with such warranties as may be extended by the Manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. MECHANIDRIVE.COM MAKES NO WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS IS HEREBY EXCLUDED. Per Section (J) and for all cases where the Buyer sells, distributes, installs, ships or passes on the entitlement for the product to a third party, any and all warranties are voided, all claims for defective products, incorrect shipments, damage, and all other claims that cannot be verified because the loss of product control MECHANIDRIVE.COM and its subsidiaries will not honor refunds, replacements, warranties, or any other recourse. If product is shipped outside the United States of America it is immediately considered a VOIDED product for any and all claims due to possible tampering, malfeasance and our inability to investigate and claims with integrity and control. The Buyer is responsible for installation and use in accordance with manufacturer’s Instructions. MECHANIDRIVE.COM, personnel are not authorized to alter this policy. MECHANIDRIVE.COM, as a reseller of industrial and commercial products cannot be held legally liable for any defects in such products that are not manufactured to specifications or standards out of their control. In the event that substandard equipment is detected by one of our customers, we will mediate the resolution between the end user and OEM/ Distributor to accommodate our clients’ needs. Since we buy from a multitude of sources including importers, brokerage houses, surplus houses and some manufacturers, we cannot guarantee the authenticity of the product being supplied. We will do our best to provide new & unused and genuine branded components in all cases. Parts not meeting their intended use by way of miss-processing engineering, design flaws, personal product lack-of-expectations, counterfeiting, or other corporate formulations or requirements implemented or expected aside from the industrial standards governing those products are not acceptable reasons for return, rejection, lack of payment, non-payment or cancellation of contractually agreed purchases.
D) LIMITATION OF LIABILITY: MECHANIDRIVE.COM liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, REGARDLESS OF CAUSE OR FAULT. This limitation of liability reflects a deliberate and bargained-for allocation of risks between MECHANIDRIVE.COM, and Buyer and constitutes the basis of the parties’ bargain, without which Chicago Maintenance Supply Co would not have agreed to the price or terms of this contract. MECHANIDRIVE.COM shall not, under any circumstances, be liable for any labor charges without its prior written consent. MECHANIDRIVE.COM SHALL NOT IN ANY EVENT BE LIABLE whether as a result of breach of contract, warranty, tort (including negligence), counterfeiting or other grounds FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of goods or associated products, cost of capital, cost of substitute products, facilities or services, downtime costs, legal costs, damages assemblies or equipment or claims of customers of Buyer for such damage. Since substitutions and equivalent products are requested in many cases, it is the Buyers responsibility to ensure that the interchanged products are acceptable for the form, fit and function of their intended use. MECHANIDRIVE.COM WILL NOT under any circumstances is liable for any recalls, defects, injuries or other issues that arise from a customer requesting and accepting an interchange or equivalent product to a previously used or installed product. In addition, if MECHANIDRIVE.COM furnishes Buyer with advice or other assistance regarding any goods or services supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this contract, the furnishing of the advice or assistance will not subject MECHANIDRIVE.COM to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
E) EQUAL OPPORTUNITY AND LABOR PRACTICES: The contract provisions in Section 202 of Executive Order 11246, as amended, and the regulations promulgated there under are incorporated by reference as if fully written with respect to any order. MECHANIDRIVE.COM certifies that the goods covered by this invoice have been produced in accordance with the Fair Labor Standards Act of 1938, as amended to the best of our knowledge.
F) ACCORD AND SATISFACTION: Any payment tendered to MECHANIDRIVE.COM in full satisfaction of a disputed debt shall be sent to: P.O. Box 75, Mokena, IL 60448. MECHANIDRIVE.COM. will not be bound by any endorsement or statement on any payment or in any letter accompanying a payment. The payment will not constitute an accord and satisfaction and MECHANIDRIVE.COM acceptance of the payment will not limit MECHANIDRIVE.COM right to pursue full payment and remedies.
G) MATERIAL SAFETY DATA SHEETS (“MSDS”)MSDS for applicable products sold by MECHANIDRIVE.COM are available. Unless requested, MECHANIDRIVE.COM will not furnish paper copies of MSDS data sheets. MECHANIDRIVE.COM will continue to furnish paper copies of MSDS for those products for which an MSDS is requested. Paper copies of MSDS for all products are immediately available upon demand via facsimile or U.S. mail. Please contact MECHANIDRIVE.COM directly to obtain a copy of any MSDS via facsimile or U.S. mail or to continue receiving paper copies of MSDS for all shipments of applicable products.
H) CREDIT BALANCE: Any credit balance issued will be applied within one (30 days) of its issuance. IF NOT APPLIED WITHIN 30 DAYS, THE BALANCE REMAINING SHALL BE CANCELLED, AND MECHANIDRIVE.COM SHALL HAVE NO FURTHER LIABILITY.
I) NUCLEAR OR OTHER HAZARDOUS ACTIVITIES: Unless specifically agreed to in writing by an authorized representative of MECHANIDRIVE.COM goods sold hereunder are not intended for use in connection with any nuclear facility or any other hazardous activity such as military or commercial aircraft, space exploration, missile installation or other application where failure of a single component could cause substantial harm to persons or property. If so used MECHANIDRIVE.COM disclaims all liability for any nuclear damage, contamination or other damage or injury and Buyer shall indemnify and hold MECHANIDRIVE.COM harmless from such liability whether as a result of breach of contract, warranty, tort (including negligence) or other grounds. MECHANIDRIVE.COM and its suppliers shall not be liable to Buyer or its insurers based on contract, warranty, tort (including negligence) or other grounds for onsite damage to property located at a nuclear facility.
J) THIRD PARTY ALLOCATION: MECHANIDRIVE.COM shall not be liable for products being sold by its customers to 3rd parties. Since we cannot control the product, logistics, and the applications it is intended or the personnel handling and evaluating the products MECHANIDRIVE.COM has no liability to the Third Party entity. Where 3rd Parties are out of the continental United States of America there will be NO returns, exchanges, substitutions, replacements, etc...due it our absolute inability to validate claims. REGARDLESS of ”Item K" as stated above and due to the inability to validate anything that has taken place to the shipment and/or the product(s) due to a number of possible issues beyond a reasonable and customary control. MECHANIDRIVE.COM's liability is solely to its contractual customers. The legal liability of 3rd party sales by a customer is at THEIR OWN RISK. We will have no responsibility to freight charges, duties, damage to production, late fees, service charges or any other issues arising from sales to 3rd parties by its customers especially for products that have been shipped to foreign locations and territories.
K) FORCE MAJEURE: MECHANIDRIVE.COM. shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
L) CHANGE IN BUYER’S FINANCIAL CONDITION: MECHANIDRIVE.COM reserves the right by written notice to cancel any order or require full or partial payment or adequate assurance of performance from Buyer without liability to MECHANIDRIVE.COM in the event of (i) Buyer’s insolvency, (ii) the filing of a voluntary petition in bankruptcy by Buyer, (iii) the appointment of a receiver or trustee for Buyer, or (iv) the execution by Buyer of an assignment for the benefit of creditors, (v) the buyers lack of payment, delay of payment or any other changes in the standard practices of MECHANIDRIVE.COM business and normal ethics. MECHANIDRIVE.COM reserves the right to suspend its performance until payment or adequate assurance of performance has been received. MECHANIDRIVE.COM also reserves the right to cancel Buyer’s credit at any time for any reason. Buyer, in order to provide security for the payment of the full price of goods furnished hereunder, grants MECHANIDRIVE.COM a security interest in the goods. Buyer agrees to execute any documents or furnish information necessary to perfect this security interest. Goods DO NOT pass on title until they are paid for in full!
M) ASSIGNMENT OR DELEGATION: Buyer shall not assign or delegate any or all of its duties or rights here under without MECHANIDRIVE.COM prior written consent.
N) WAIVER AND CHOICE OF LAW: The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The laws of the State of Illinois, United States of America, excluding conflict of law rules, shall govern all transactions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply
O) GENERAL: All orders are subject to acceptance by MECHANIDRIVE.COM. Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.
P) NON-CANCELLABLE & NON-RETURNABLE PRODUCTS:
Certain products fall under the category of non-cancellable and/or non-returnable products. We have outlined these product categories and any stipulations outside the standard Terms and Conditions of Purchase or Claims Policy below:
- Items that shipped to the buyer under a Free Shipping program. We cover this shipping to your facility and cannot recover this cost as a result.
- Items that weight more then 75 lbs.
- Items that are manufactured, modified, adjusted, resized or any other modification to a standard consumable product which may cause it to not be resold on the open market.
- Items that have been opened, installed, tested or other actions voiding the warranty or ability to resell the item as new and unused
- Shipping to a 3rd party
- Shipping outside the United States whether opened or not, used or new. There are no exceptions for this!
- Items that are stocked by Mechanidrive under Kanban or specified releases. You are responsible for the full inventory including any unshipped items.
- Contract manufactured products
- Items shipped to an incorrect address by the buyer.
- Old inventory that has not been used although it still may be new.
- Any parts that have been re-marked, re-labeled or their original packing has been modified
- Certain PARTS cannot be returned whatsoever. These include the following categories:
- Discount Bearings
- Gear Products
- Pulleys and Bushings
- Automotive Replacement Belts
- Gear Couplings
- Grid Couplings
- Roller Chain and Links
- Fasteners and Hardware