Machine Service, Inc.

Terms and Conditions of Sale

Standard Terms & Conditions

All returns found opened, defaced or of unsellable condition will be subject to transportation and replacement charges, or deemed as non-returnable merchandise at our discretion. All claims and returned goods must specify our invoice number. Returned goods must be pre-authorized and are subject to a handling charge. All claims for shortages or damages must be made within 30 days after receipt of merchandise. Request for proof of delivery must be made within 30 days after receipt of invoice or statement. Invoices not paid in 30 days are subject to 1.5% per month service charge.

Offer And Acceptance

This writing constitutes an offer or counter-offer by Machine Service, Inc (MSI) to sell the product described herein, in accordance with these terms and conditions. This writing is not an acceptance of any offer made by Purchaser and is expressly conditioned upon Purchaser's assent to these terms and conditions. Purchaser will be deemed to have assented to these terms and conditions when: (a) Purchaser signs and delivers to MSI an acknowledgement copy of any of MSI's sales, quotations, order acknowledgment or invoice forms; (b) Purchaser has received delivery of the whole or any part of the product described herein; or (c) Purchaser has otherwise assented to the terms and conditions hereof. No additional or different terms or conditions will be binding upon MSI unless specifically agreed to in writing. MSI hereby objects to any such additional or different provisions contained in any purchase order or other communication heretofore or hereafter received from Purchaser. This offer expires 60 days from its date, unless goods are subsequently shipped by MSI and accepted by Purchaser.

Limited Warranties

WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR PURPOSE OF OTHERWISE, EXCEPT AS FOLLOWS:

(a)    All new items and factory, rebuilt, reconditioned or remanufactured items are warranted by their respective manufacturers, not by us.

(b)    All items manufactured by us are warranted for 1 year from the date of the sales invoice covering items against defects in materials and workmanship under normal service and use. Any repairs or alterations not authorized by us in writing VOID this warranty. Further, this warranty shall not apply to any items, which have been subject to misuse, negligence or accident including by way of illustration only, and not by way of limitation improper installation, lack of lubrication or use of improper lubricants. All items must be returned to our shop with transportation charges prepaid for our inspection and determination within 1 year from the date of the sales invoice covering said items. Our obligation under this warranty shall be limited, as we may elect, either to replacement of any defective parts, free of change at our shop or to payment of an amount equal to the original purchase price per our invoice, of any parts not so replaced.

(c)    MSI's liability shall not in no event exceed the price paid for the part, unit or component of the equipment on which any claim is based. Customer will not be entitled to any consequential, incidental or contingent damages whatsoever.
Purchaser shall indemnify MSI against any and all loses, liabilities, damages and expenses (Including, without limitation, attorneys' fees and other costs of defending any action) which MSI may incur as a result of any claim by Purchaser or others arising out of or in connection with the product sold hereunder and based on effects not proven to have been caused solely by MSI's negligence.