b2b.m-line.com Open in urlscan Pro
92.53.241.33  Public Scan

URL: https://b2b.m-line.com/cart/termsofsale.asp
Submission: On December 23 via manual from IN — Scanned from GB

Form analysis 2 forms found in the DOM

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Text Content

 * Contact Us
   Name:
   
   Company:
   
   City,State:
   
   Email:
   
   Message:
   
   

Product Search:



1-800-659-8559

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M-LINE, INC. TERMS AND CONDITIONS OF SALE

ACCEPTANCE: Any order for the purchase of products from M-Line Inc. (Seller)
shall be subject only to the terms and conditions set forth herein and to
approval and acceptance by Seller. There are no understandings or agreements
other than as set forth herein and on the face hereof. Any quotation issued by
Seller shall expire thirty (30) days after its date, and may be reinstated only
by written confirmation by Seller. Clerical errors are subject to correction.

PRICES: Prices, except as may be noted on the face hereof, are subject to change
without notice at any time prior to Seller's acceptance of Buyer's order. Unless
specifically otherwise set forth, prices do not include the amounts of any
applicable sales, use, transfer, excise or other taxes, tariffs or custom
duties, and Buyer will pay directly or be charged by Seller for any such taxes,
tariffs or custom duties levied upon the sale, transfer, import or use of the
products sold hereunder. Blanket order prices are subject to change in the event
of industry wide price increase/decreases. Seller will give Buyer advance notice
of such blanket order price change, and Buyer may cancel the balance of
product(s) not produced and/or in process of the blanket order.

DELIVERY: Shipping dates are approximate only, and Seller is not responsible for
delays or non-performance resulting from (a) delays in receipt of final
specifications or instructions from Buyer, (b) changes in specifications, (c)
force majeure, including, without limitation, strikes, labor disturbances,
material shortages, nonperformance by subcontractors or suppliers, or other
abnormal manufacturing conditions, delays or failures of carriers or
communications, fire, flood, storms, accident, riot, war and invasion,
governmental requisitions or priorities, acts of God, or other cases beyond
Seller's reasonable control. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF A DELAY OR FAILURE TO DELIVER.
All shipments hereunder shall be by truck at Seller's discretion, unless Buyer
expressly requires other means of shipment and pays any additional cost thereof.
Risk of loss during shipment shall be borne by Buyer.

CANCELLATION: Special order items are not subject to cancellation or
modification, in whole or in part, after Seller's acceptance, except with
Seller's express written consent, and upon payment of a cancellation charge
which will cover all costs incurred by Seller to time of cancellation. If Buyer
cancels the order without Seller's express written consent, the Buyer agrees to
pay all costs incurred by Seller and to compensate Seller for any loss of
profits that it may suffer in the event that Seller is unable to re-sell the
products at the contract price. Customized material procured by Seller to fill
Buyer's order will be sent to Buyer upon payment of cancellation charges.

TERMS: Unless otherwise noted on the face hereof, payment shall be made within
thirty (30) days of shipment. Prorate payment shall become due with partial
shipments. We reserve the right at any time to suspend credit or change credit
terms provided herein when, in our sole opinion, your financial condition so
warrants. Failure to pay invoices at maturity date, at our election, makes all
subsequent invoices immediately due and payable irrespective of terms, and we
may withhold all subsequent deliveries until the full account is settled and we
shall not, in such event, be liable for non-performance of contract. All
past-due accounts will bear interest at a rate of three percent (3%) per month,
and , if Buyer fails to pay timely, Buyer will also be responsible for all costs
of collection, including reasonable attorney fees and court costs. ANY CLAIM BY
BUYER FOR NONCONFORMING PRODUCT, DAMAGED PRODUCT, OMISSIONS, SHORTAGES, OR OTHER
COMPLAINT SHALL BE PRESENTED TO SELLER WITHIN 30 DAYS AFTER RECEIPT OF THE
APPLICABLE SHIPMENT. Credit Card payments made later than 7 days beyond the
invoice date may result in a processing fee of 3%-5% depending on the processing
fee of the credit card type.

WARRANTY AND DISCLAIMERS: Seller warrants that its products will be free from
defects in material or workmanship for a period of three (3) months following
shipment. While Seller endeavors to ensure that any advice, recommendation,
specifications or information it may provide is accurate, because it has no
direct or continuous control over where or how its products are used, Seller's
exclusive obligation under this warranty will be to replace any products found
to be other than as warranted, or to refund their purchase price. SELLER SHALL
HAVE NO OTHER LIABILITY, DIRECT OR INDIRECT, OF ANY KIND, INCLUDING LIABILITY
FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. NO OTHER WARRANTY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE IS MADE FOR THESE PRODUCTS, AND ALL OTHER WARRANTIES ARE HEREBY
EXPRESSLY EXCLUDED.

DESIGN RIGHTS: Seller retains sole rights to use the knowledge, know-how, and
ideas developed on all engineering drawings, designs and custom packaging
developed by Seller employees and surrogates unless otherwise specifically
agreed to by Seller in writing. Any reproduction of an M-LINE INC. design in
part or whole without the written permission of Seller is prohibited.

CHOICE OF LAW AND JURISDICTION: The parties agree that their respective rights
and duties shall be governed by the laws of the State of Ohio. The parties
hereto agree that neither of them shall commence any action whatsoever, at law
or in equity, for any matter or assert any claims relating to or arising from
this agreement or the relationship of the parties, in any court other than those
located in the County of Medina, State of Ohio. The parties hereto consent to
the jurisdiction of the courts located in Medina County, State of Ohio, for the
resolution of any claims that exist or arise between them now or in the future.
The parties stipulate that venue, as well as jurisdiction, is proper only in
Medina County, State of Ohio.

INDEMNIFICATION: Buyer shall comply with and require its agents and employees to
comply with all directions, safety notices, warnings and other instructions
furnished by Seller, and shall use and require its agents and employees to use
reasonable care in the use of the products. If Buyer fails to observe the
provisions of this section, or if any injury or damage is caused, in whole or in
part, by Buyer's failure to comply with applicable federal, state or local
safety requirements, Seller shall have no obligation to Buyer or any other
person in respect thereof, and Buyer shall indemnify and hold Seller harmless
against any claims, loss or expense for injury or damage arising directly or
indirectly from any such failure. Seller specifically disclaims any and all
liability arising out of the use of the products supplied hereunder other than
the warranty liabilities to the original Buyer.

LIMITATION OF ACTIONS: Any legal action against Seller must be commenced within
one (1) year from the date of shipment.

CHANGES: Orders which have been accepted by us are not subject to cancellation
or changes except upon our written consent, and we may require as a condition of
such consent reimbursement for any cost incurred in performance of the order in
original form. If shipment is deferred at your request, payment of the contract
price shall become due when you are notified that the goods are ready for
shipment. In the case of deferred shipment, storage and other reasonable
expenses attributable to such delay shall be payable by you.



800-659-8559
info@m-line.com

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