Macon Terms & Conditions
The following terms and conditions (“Terms”) apply to the extension of credit by MaCon Supply, Inc. (“MaCon”) to Customer and to the provision of any equipment, materials, or products by MaCon to Customer:
1. Payment Terms. All payments must be made to MaCon within __________ (30__) days from the date of the invoice. ALL TAXES, ASSESSMENTS, OR ANY OTHER CHARGES IMPOSED OR TO BE IMPOSED BY ANY GOVERNMENTAL ENTITY SHALL BE PAID BY CUSTOMER AND MAY BE ADDED TO THE SELLING PRICE OF THE PRODUCTS. A SERVICE CHARGE IN THE AMOUNT OF EIGHTEEN PERCENT (18%) PER ANNUM (1.5% PER MONTH) WILL BE CHARGED ON ALL UNPAID BALANCES BEGINNING WITH THE FIRST DAY AFTER PAYMENT WAS DUE AND SHALL ACCRUE TO THE CUSTOMER’S ACCOUNT UNTIL THE UNPAID BALANCE IS PAID IN FULL. If Customer fails to fulfill these Terms or if Customer’s financial responsibility or credit standing becomes impaired or otherwise unsatisfactory to MaCon, MaCon reserves the right to cancel or limit Customer’s ability to purchase on credit or to require cash payment or satisfactory assurance of payment. Customers whose accounts have past due invoices may also be required to pay all outstanding amounts due before additional orders are processed, and future orders may require payment in advance. Returned checks are subject to a $__.00 charge. The customer will be responsible for all costs of collection, including reasonable legal fees, incurred by MaCon in enforcing these Terms.
2. Pricing. The pricing for the products is subject to change. Customers are encouraged to confirm the availability and prices of products. Unless otherwise agreed and specified in the applicable purchase order or invoice, all prices are FOB Macon’s yard or manufacturer, as applicable.
3. Risk of Loss. Any risk of loss or damage shall pass to the Customer after delivery of the products.
4. Inspection of Products. Upon receipt of the products, the Customer shall immediately inspect the products to ensure that the type, specification, and quantity received are in accordance with the Customer’s order. Customer waives any claims with respect to nonconforming or damaged products unless Customer provides to MaCon (a) written notice within fourteen (14) days of delivery and before any portion of such products is used, and (b) gives MaCon a reasonable opportunity to examine the products involved. In the event of any claim for nonconforming or damaged products, Customer shall provide MaCon with the date and number of the applicable purchase order or invoice. Additionally, if the information on any purchase order or invoice is incorrect in any way, Customer shall immediately inform MaCon using the order number for reference.
5. Return Policy. Customer must return any product in unaltered, resaleable condition within thirty (30) days of delivery. Specially ordered and non-stock products are subject to the applicable manufacturer’s return policy. MaCon will not accept any returns that do not conform to this policy and will not issue any credit for returns that it does not approve. A ten percent (10%) handling charge applies to all returns.
6. Warranty Disclaimer. Customer is solely responsible for determining the suitability of products for Customer’s purposes and for using all products in the manner specified by the applicable manufacturer. MACON MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR AS TO THE FITNESS OR APPROPRIATENESS OF ANY PRODUCTS FOR ANY PARTICULAR APPLICATION. The products sold hereunder carry only the manufacturer’s warranty, if any, and MaCon does hereby assign, to the extent that it can do so, all rights to the warranties extended by the applicable manufacturer.
7. Delays. MaCon is not responsible for failures or delays in manufacturing, delivery, or shipping of products which are caused by strikes, accidents, fires, manufacturer delays, transportation shortages or delays, acts of nature, or any other causes beyond MaCon’s control. MaCon’s obligations hereunder shall be suspended by any occurrence beyond its control to the extent such occurrence limits or prevents MaCon’s performance hereunder.
8. Limitation of MaCon’s Liability. MaCon recommends that the provisions of the Occupational Safety and Health Standards, Part 1910, are strictly followed when considering safety factors to be used with the products sold hereunder. Customer must consider the product application and determine the safe working load. All unusual applications should be carefully field tested before general production use. Even slight misuse or lack of supervision and inspection can contribute to serious accidents. CUSTOMER AGREES TO HOLD MACON HARMLESS FROM ALL LIABILITY BASED UPON NEGLIGENCE AND/OR STRICT LIABILTY CLAIMS IN CONNECTION WITH THIS SALE AND THE USE OF THE PRODUCTS SOLD HEREUNDER. Additionally, MaCon shall not be liable to Customer for any indirect, special or consequential damages resulting from misuse of the products or the negligence of either party.
9. Customer’s Acceptance of Terms. All of Customer’s orders for products from MaCon are governed by and made expressly conditioned upon Customer’s acceptance of these Terms. No other terms and no modification of these Terms shall be binding upon or enforceable against MaCon unless expressly agreed to in writing by MaCon. No conditions, usage of trade, course of dealing, understanding, or agreement purporting to modify, explain, or supplement these Terms shall be binding upon MaCon unless made in writing and signed by MaCon. Failure by MaCon to object to provisions contained in any document of Customer shall not be construed as acceptance thereof or as a waiver of these Terms by MaCon. The Customer’s purchase and/or acceptance of any products from MaCon constitutes Customer’s unconditional acceptance of these Terms.
10. Invalidity. The invalidity of any particular provision contained herein shall not affect any other provision hereof, and these Terms shall be construed as if such invalid provision was omitted.
