Terms and Conditions
[Shipping and Sales Tax]
[Payment Methods]
[Terms and Conditions]
GENERAL TERMS AND CONDITIONS OF PURCHASE
LIMITED WARRANTY
ALL SALES FINAL. NO RETURNS, NO REFUNDS.
Merkle-Korff warrants that any product purchased
through this website will be free from defects in
workmanship and materials for one year after date of
purchase from Merkle-Korff, provided such product is
used under normal conditions for its intended purpose
(s). Any product or part thereof which is determined
by Merkle-Korff upon physical inspection (see
DISPOSITION OF CLAIMS (below) for information on
returning products) to be defective in materials or
workmanship will be, at Merkle-Korff s sole option,
repaired or replaced as the sole and exclusive remedy.
WARRANTY DISCLAIMER
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR
IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED
WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY
MERKLE-KORFF. TO THE EXTENT THAT ANY IMPLIED
WARRANTIES MAY, BY OPERATION OF LAW, ARISE OR SURVIVE
THIS DISCLAIMER, SUCH WARRANTIES SHALL HAVE A TERM
WHICH SHALL NOT EXCEED ONE YEAR AFTER THE DATE OF
PURCHASE OF THE PRODUCT FROM MERKLE-KORFF. MERKLE-
KORFF DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT
CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER
PRODUCT SELECTION OR MISAPPLICATION, OR FAILURE TO
FOLLOW INSTRUCTIONS. ANY PRODUCT DESCRIPTIONS
CONTAINED ON THIS WEBSITE DOES NOT EXPRESS OR IMPLY A
WARRANTY THAT SUCH PRODUCTS ARE MERCHANTABLE OR FIT
FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
MERKLE-KORFF EXPRESSLY DISCLAIMS ANY LIABILITY FOR
SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE
DAMAGES ARISING HEREUNDER. MERKLE-KORFF S LIABILITY
IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE
PURCHASE PRICE PAID BY PURCHASER TO MERKLE-KORFF.
DISPOSITION OF CLAIMS
Merkle-Korff will make a good faith effort for prompt
disposition with respect to any colorable claim
regarding any product which proves to be defective,
provided such claim is brought within the warranty
period. Before returning any product, Purchaser must
submit to Merkle-Korff the product s purchase date and
original invoice number, a description of any
purported defect(s), and obtain return authorization
from Merkle-Korff.
PRODUCT SUITABILITY
States and localities may have codes and regulations
governing the sales, construction, installation,
and/or use of products for certain purposes, and such
codes and regulations may vary from those in other
states or localities. Merkle-Korff cannot guarantee
compliance with such codes and regulations, and
further cannot be responsible for purchaser s product
installation or use. Before purchase and/or use of a
product, it is Purchaser s duty to review any product
instructions and federal, state and local codes and
regulations, and ensure that the product and its
installation and use will comply with such codes and
regulations.
FORCE MAJEURE.
Merkle-Korff shall not be liable for any delay in or
impairment of performance resulting in whole or in
part from Acts of God, severe weather conditions,
labor disruptions, governmental decrees or controls,
insurrections, war risks, shortages, inability to
procure or ship product or obtain permits and
licenses, supplies or raw materials, or any other
circumstances or causes beyond Merkle-Korff s control.
CANCELLATION
Cancellations of orders are subject to the review and
approval of Merkle-Korff. Restocking or other charges
may be applicable to any such cancellation.
ASSIGNMENT
Purchaser shall not assign any of its rights in any
order without the prior written consent of Merkle-
Korff. Any actual or attempted assignment without
Merkle-Korff s prior written consent shall entitle
Merkle-Korff to cancel such order upon notice to
Purchaser and without liability.
MODIFICATION OF TERMS
Merkle-Korff s acceptance of any order is subject to
Purchaser s assent to all of the terms and conditions
set forth herein and Purchaser s assent to these TERMS
AND CONDITIONS OF PURCHASE and the TERMS AND
CONDITIONS OF USE and shall be presumed, at a minimum,
from Purchaser s accessing and use of this website, or
from Purchaser s ordering of goods or services through
this site.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title,
license or interest in the trademarks, copyrights or
other intellectual property rights in any of Merkle-
Korff s products or any products shown of made
available for purchase via this site. Purchaser
covenants that it will take no action to register or
otherwise interfere with such rights.
INDEPENDENT ENTITIES
Merkle-Korff and Purchaser are independent entities.
Purchaser is not authorized to and shall not make any
representations which attempts to bind Merkle-Korff.
SEVERABILITY
If any provision of these Terms of Purchase shall be
deemed illegal or unenforceable, such illegality or
unenforceability shall not affect the validity and
enforceability of any other legal provisions hereof
which together shall then be construed as if such
illegal and unenforceable provision or provisions had
not been inserted herein.
CROSS REFERENCE INFORMATION.
Product cross-reference comparisons do not imply that
all products compared are available, or in the case of
functional equivalency, that performance and other
characteristics are perfectly comparable. For
critical applications, review specifications prior to
purchase.
CHOICE OF LAW, VENUE
This Agreement shall be interpreted, construed and
enforced pursuant to, and in accordance with, the law
of the State of Illinois, without regard to choice of
law provisions. The parties agree that any disputes,
controversies, claims, or causes of action arising out
of, in connection with, or related to, this Agreement
shall be litigated in a Federal or State court located
in the State of Illinois.
COMPLETE AGREEMENT
These Terms and Conditions of Purchase, the Terms and
Conditions of Use and any quotations provided by
Merkle-Korff to a purchaser are incorporated herein by
reference and constitute the entire and exclusive
agreement between Purchaser and Merkle-Korff with
respect to any purchase or transaction arising out of
this website and supercede all prior oral or written
agreements or understandings between Merkle-Korff and
the Purchaser.
CONDITIONS FOR STOCK MOTOR ORDERS SHIPPED WITHIN THE
CONTINENTAL UNITED STATES
SALES POLICY
IDENTIFICATION
Identification and proof of credit worthiness is
required from all purchasers. Access to the Merkle-
Korff website or possession of Merkle-Korff literature
does not constitute a right to purchase stock products.
MINIMUM ORDERS
Minimum order is $0.00.
PRICES
Prices published on the Merkle-Korff website are
subject to change without notice. All prices are
subject to appropriate volume discounts. Quotations
are available upon request for large quantities.
SALES TAX
State and local sales taxes may apply in certain
geographical areas or on items for which a sales tax
exemption certification is not available. Sales tax
exemption information must be provided at the time of
order placement.
PAYMENT TERMS
All payments must be made in U.S. dollars. Terms are
net 10 days for purchasers with established credit
with Merkle-Korff. If credit is not established
payment can be made with order through the use of a
recognized major credit card. All orders under 100
pieces must be made by credit card unless prior
approval is obtained from Merkle-Korff.
SHIPPING AND HANDLING
Freight will be prepaid by Merkle-Korff for a single
shipment of stock motors, provided such order is for
$1000 or more, exclusive of any applicable taxes, and
such shipping address is within the 48 contiguous
United States, and such orders are shipped using the
routing of Merkle-Korff s choice. For shipments
outside the 48 contiguous United States, please
contact Merkle-Korff. Any charges incurred for
special shipping instructions or designation of
carriers must be paid by the purchaser. For orders
under $1000 shipping and handling charges shall be
added to the invoice. Title and risk of loss pass to
the purchaser on delivery to the carrier.
Accordingly, claims must be filed with the carrier for
product damaged in transit.
CONDITIONS FOR ORDERS FOR SHIPMENT OUTSIDE THE
CONTINENTAL UNITED STATES
EXPORT SALES TERMS AND CONDITIONS
IDENTIFICATION
Identification and proof of creditworthiness is
required from all purchasers. Access to the Merkle-
Korff website or possession of Merkle-Korff literature
does not constitute a right to purchase stock products.
MINIMUM ORDERS
Minimum order is $0.00.
PRICES
Prices published on the Merkle-Korff website are
subject to change without notice. All prices are
subject to appropriate volume discounts. Quotations
are available upon request for large quantities.
ACCEPTANCE OF ORDERS
Order is accepted only upon express verification and
acceptance by Merkle-Korff Industries. Purchaser
agrees that the submission of their order subjects the
Purchaser to the jurisdiction and venue of the courts
of the United States and the State of Illinois, U.S.A.
SALES TAX AND DUTIES
All national, state, and local sales taxes on all
purchased items shall be charged to the Purchaser. If
a U.S. Purchaser sales tax exemption certification is
available, this should be identified at the time of
order placement. All duties and fees required to
export the products shall be the responsibility of the
Purchaser.
PAYMENT TERMS
All payments must be made in U.S. Dollars. All export
sales of stock motor products are made on terms of
cash in advance at the time of order. A Purchaser may
also open an irrevocable letter of credit in favor of
Merkle-Korff prior to shipment and payable by sight
draft, or the Purchaser may apply for the
establishment of credit with Merkle-Korff. Terms for
Purchasers with established credit are net 30 days
from the date of shipment.
FREIGHT POLICY
Unless otherwise agreed shipping terms are FOB
shipping point. Routing will be via land and sea
vessels unless otherwise instructed by Purchaser.
Freight is prepaid for orders of product exceeding
$1000. Other shipments will be made on a freight
collect basis, and the Purchaser is always responsible
for obtaining insurance. At Merkle-Korff’s option,
the freight policy for export shipments may be subject
to special terms and conditions. Title and risk of
loss pass to the purchaser on delivery to the carrier
or vessel in the United States. Accordingly, claims
must be filed with the carrier, vessel, or insurer for
product damaged in transit.
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