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CANCELLATION OR SUSPENSION: Cancellation
or suspension of manufacturing or shipping date of any order
will be accepted only on terms which will indemnify us against
loss. MADE-TO-ORDER SIZES AND OVERRUNS: Because
in manufacturing it is necessary to make slightly more of any article
than the exact amount specified, in order to offset losses and
insure the required number of parts being produced, made-to-order
items are subject to having a run of plus or minus 5% of the total
order and may be shipped and invoiced without prior notice. The
foregoing is not applicable to standard stock merchandise. TAXES: Any sales, use, consumption, or other
similar tax applicable to the sale, purchase, or use of product
is not included in these prices and shall be paid by the purchaser. "LIMITED WARRANTY": Subject to
the limitation expressed in subsequent paragraphs, Martin Sprocket & Gear,
Inc. and Martin Sprocket & Gear Canada Inc., make
the following warranties: We warrant that each of our products
of manufacture
will be free from defects in material and workmanship under normal
use and service for twelve months from the date of delivery to
the original user. We will correct any such defects in material
or workmanship by repair or replacement of the product F.O.B.
our plant. Tools will carry the following lifetime warranty:
If a Martin tool
fails to satisfactorily perform its designated use, it may be returned
to the Martin distributor from which such tool was purchased
and will be repaired or replaced without cost. THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF
ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESSED
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE,
COMMON LAW, CUSTOM, OR OTHERWISE. THE REMEDY OF REPAIR OR REPLACEMENT
OF THE DEFECTIVE PRODUCT OR TOOL SET FORTH IN THE FOREGOING WARRANTIES
SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. Charges for correcting defects will not be allowed,
nor can we accept goods returned to us for repair or replacement,
unless we are previously notified of the defect in writing and
the return or correction is authorized by us in writing. All warranty
claims alleging defects of materials or workmanship must be submitted
in writing within thirty days of the discovery of a defect or such
claim shall be considered waived. (This paragraph is subject to
the provisions of the Consumer Protection laws of Mexico.) The foregoing warranties shall not apply to any
products or tools which have been subjected to misuse, neglect
or accident, or have been altered or tampered with, or have been
used beyond their normal useful or expected life, or which have
had corrective work done thereon without our written consent. WE
SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, EXPENSE, OR DAMAGE, WHETHER
DIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE, RESULTING FROM
THE USE OF OUR PRODUCTS OR TOOLS OR CAUSED BY ANY DEFECT, FAILURE,
OR MALFUNCTION OF ANY PRODUCT OR TOOL, WHETHER A CLAIM FOR SUCH
DAMAGES IS BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, OR OTHERWISE.
Equipment manufactured by others, and included in our proposal,
is not warranted in any way by us but carries only the manufacturer's
warranty, if any. No person has the authority to bind us to any
representation or warranty other than the foregoing limited warranties
as disclaimed. The provisions of the United Nations Convention
on Contracts for the International Sale of Goods or any local statute
declaring it to have the force of law in the jurisdiction of one
of the parties shall not apply to Products supplied hereunder. "YOU
ARE HEREBY NOTIFIED THAT ANY ADDITIONAL OR DIFFERENT TERMS FROM
THOSE CONTAINED IN THIS LIMITED WARRANTY
ARE OBJECTIONABLE. NO ADDITIONS OR CHANGES ARE BINDING ON Martin UNLESS
THEY ARE IN WRITING AND SIGNED BY AN AUTHORIZED OFFICER." NOTE: All past due invoices shall be payable to Martin Sprocket & Gear,
Inc., at P.O. Box 91588, Arlington, Tarrant County, Texas 76015-0088.
All past due invoices of Martin Sprocket & Gear Canada
Inc., shall be payable at 896 Meyerside Drive, Mississauga, Ontario,
Canada L5T 1R9. All past due Invoices of Martin Sprocket & Gear
de Mexico, S.A. dec. C.V., will be payable at Km. 52 Carretera,
Naucalpan-Toluca, Calle 3 Mz.7 Lt. 11, Parque Industrial, Toluca
2000, Toluca, Edo. de Mexico, c.p. 50200. Reasonable attorneys'
fees will be added if collection is forced. RETURNED MATERIAL: When it is desired to return
material for credit or exchange, it is necessary that permission
in writing first be obtained from the nearest Martin office. SHIPMENTS: If we are not able to meet your shipment
requirements and/or our expected dates of shipment, we will not
accept liability for delays beyond our control, nor will we accept
cancellations unless a settlement has been agreed upon between
us. FREIGHT ALLOWANCE: Freight allowances are shown
on the different product discount sheets. In cases where a specific
routing of any order is more costly than the routing selected by
us, the excess charges will be added to the net amount of the invoice.
Weights shown in catalog are approximate, and may not be used to
determine qualifications for freight allowance. CASH DISCOUNT: 1% 10th and 25th Net 30 Days. A 1%
cash discount will be allowed on invoices dated the 1st through
the 15th if paid by the 25th of the same month and on invoices
dated the 16th through the end of the month if payment is made
by the 10th of the next month. All invoices are due in 30 days.
Cash discount does not apply to other charges such as freight,
postage, or delivery charges. This statement supersedes all previous publications. |
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