Purchasing and receipt of this quote represents the agreement between the buyer and Murdock Industrial Incorporated, through any of their channels of distribution whether on the internet or in person, hereinafter referred to as the “seller”.
1. Quotations, unless otherwise indicated on the quote by an authorized representative of the seller shall expire thirty (30) days after the date appearing on the quotation. Prior to the expiration date any quotation is subject to change by Seller at any time upon verbal or written notice to buyer.
2. Acceptance of Order. Each purchase shall be subject to acceptance by an authorized employee of Seller and each transaction shall be governed exclusively by the Quote Terms and Conditions of Sale.
3. Prices are subject to change to the prices in effect at time of delivery. Seller reserves the right to make any corrections to prices quoted due to clerical errors or errors of omission. In the event of any design, specification or ordered quantity changes representing a price increase, the Buyer will be notified and afforded the opportunity to confirm.
4. Unless otherwise specified, hose, hose covers, hose accessories and products sold by the foot or meter are quoted in Bulk. Bulk products are subject to overages and shortages of ten (10) percent, due to the nature of the product. If overages are sent, buyer is expected to pay for overages or to be billed for overages before product is sent. If product is under shipped, a prompt refund for the difference will be made. Bulk product may also come in multiple pieces to satisfy Buyer’s order unless otherwise specified on this quote.
5. Lead times are for reference only and are subject to change. Design and/or specification changes are subject to review for possible adjustments in delivery. Order quantities subject to scheduled delivery dates must be mutually agreed upon. We pay no late fees of any kind on quotes or orders.
6. Any and all sales, use, or other permissible taxes assessed upon sale or products sold shall be added to the purchase price of the products.
7. International orders are Wire Transfer, Payment in Advance, Payment by PayPal or Payment by guaranteed form. Companies residing in the United States may use credit card, cash or check in advance, PayPal, wire transfer, and if an approved creditor, may use purchase orders subject to terms and conditions of Sellers credit approval.
8. Wire Transfer and Western Union Bank Fees, or any origination fees resulting from transferring monies for payment from their country are strictly the responsibility of the Buyer. Failure to not pay origination fees to transfer payments to Seller will result in delays and additional requests for payments, including any and all additional fees resulting.
9. Shipping, unless otherwise stated on the quote shall be freight F.O.B. Akron, Ohio – Unless otherwise agreed, shipment may be made by lots of reasonable commercial size as Seller deems appropriate.
10. Risk of loss or damage in transit shall be borne entirely by Buyer at all times after the products are delivered to the carrier for shipment. However, the right to stop delivery in transit shall remain the Seller until payment in full has been received by Seller.
11. Seller shall have no liability to Buyer for Seller’s delay or default in delivery due to trikes, secondary boycotts, riots, wars, accidents, fires, floods, explosions, vandalism, government embargoes, priorities or regulations, transportation delays, shortage of labor, fuel, materials, supplies, power, transportation, facilities or tooling capacity or other similar or dissimilar causes beyond Seller’s reasonable control. Under no circumstances shall seller have any liability for penalties or other consequential damages of any kind resulting in whole or in part from Seller’s delay in delivering, or failure to deliver any products to buyer as agreed.
12. Intellectual Property Infringement with respect to all products, buyer shall hold Seller harmless from and against any and all loss, cost, expense, claims, demands, suits and judgments arising from actual or alleged infringement of any third party intellectual property rights. With respect to all other products sold by Seller, Seller shall defend any suit or proceeding brought against buyer on a claim that such a product, or any part thereof, directly infringes any third party intellectual property right, provided that Seller is notified promptly in writing and given all necessary information, assistance and authority to defend same. Seller shall pay all damages and costs awarded against Buyer as a result thereof. If as the result of such direct infringement; the court enjoins the use of any product, or part thereof, in the manner intended by Seller, Seller shall at it’s sole expense and option (a) procure for Buyer the right to continue using said product or part, (b) replace such product or part with a non-infringing or (c) Modify said product or part so that it becomes non-infringing or (d) remove said product or part and refund it’s purchase price and transportation costs. Seller shall have no further liability or actual or alleged patent infringement except as provided herein.
13. Design and Technical information are respective of the patents and drawings of the manufacturer of the parts. Drawings and technical information are issued in confidence for engineering information and mutual assistance only and may not be publicly disseminated, reproduced or used by buyer without Seller’s prior written consent and shall be returned or destroyed when it’s purpose has been served.
14. Sellers warranty is given by the Manufacturer of the parts. Seller will have no other obligation whatsoever with regard to the goods except as stated in the manufacturer of the parts warranty. This warranty is exclusive to the seller, hereby expressly disclaims all other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall seller be responsible for incidental, consequential, punitive or liquidated damages.
15. If a NCNR (Non-Cancellable Non-Returnable) Agreement has been signed by the buyer, buyer must take possession of the product paid in full and cannot be returned.
16. Changes and/or cancellations the existing schedules or orders are subject to Seller’s acceptance and any applicable cancellation charges (and possible increase in per piece price due to reschedules). Cancellation charges will be determined by the type of product and the stage of completion. Cancellation charges for special products will be based on the selling priceless amount saved at the time of cancellation. Seller will accept temporary holds on orders for rescheduling purposes for a period not to exceed thirty (30) days. If at that time a reschedule is not received, Seller reserves the right to recommence shipments in accordance with the original schedule and cancel the order.
17. No products shall be returned to the Seller, whether for inspection, repair, replacement, or any other reason without prior approval from Seller. Products and parts must be returned in new or like new condition with complete identification in accordance with our instruction or the shipment may not be accepted. All returns must be sent to Seller freight prepaid F.O.B. Destination unless otherwise instructed. Where authorization has been obtained to return products and parts for reasons beyond warranty a restocking charge of twenty five (25) percent and additional transportation charges are applicable.
18. A Wholesale handling charge may be added to your quote or order to cover expenses in preparation and shipping of products. If you are subject to this fee, it will be included in the quote.
19. An International Paperwork fee charge for sales outside of the USA to cover expenses in preparing your order for international shipping. These services and paperwork include customs paperwork, various forms for carriers, harmonized code and shipping class investigation as well as requirements to the destination country that we are shipping.
20. Unless otherwise indicated on the quote or invoice, all payments are to be made in US currency.
21. Governing law for the terms and conditions of this agreement shall be construed according to the laws of the State of Ohio. Any legal matters pertaining to the sale of products by the Seller to the Buyer will be conducted in the State of Ohio under Ohio laws and regulations unless permission is granted by the Seller to hold elsewhere. Any lawsuit or claim for breach of this order must be brought within one (1) year after the breach occurs.
22. Some Manufacturers Certifications may be provided free of charge upon request AT TIME OF ORDER. Failure to request certifications in writing at time of order can result in an additional charge for certification or the inability to provide certification.
23. Seller as a tier one distributor or master distributor, stands behind all items quoted as NEW and DISTRIBUTED DIRECT FROM THE MANUFACTURER unless otherwise specified.
24. You may request at time of order at no charge, a certificate of conformance from Murdock Industrial Inc. and/or a blanket standard form manufacturers certificate of conformance. Line by line certification from the manufacturer carries an additional charge per line item which varies between manufacturer, please specify if a certificate of conformance is required at time of order and which style of certification is required. If certification is not specified on the order and certification is required after receipt of product or material there is a $25.00 processing charge.
25. A blanket Supplier Quality Survey is available at no charge. If we need to fill out your specific Supplier Quality Survey, Murdock Industrial charges a $25.00 fee. Murdock Industrial Inc represents ISO certified manufactures and is not ISO certified, but as a distributor, Murdock Industrial is not bound by manufacturer ISO requirements. Murdock Industrial has it's own Internal Quality Control manual and procedures. We will gladly provide ISO certification from the manufacturer, please specify at time of order.