Download Finemech Inc Terms and Conditions as Adobe .pdf file
The
items described on this web site are provided for your convenience.
A legally binding contract (“Agreement”) with
you (“Buyer”) will arise only when your payment for any
items you order is received by Finemech Inc. (“Seller”)
and you have been notified in writing by e-mail that your order has
been accepted. You
will be notified via e-mail of acceptance of your order at the e-mail
address you provide on the electronic order form. The price for any
items ordered
by you through this site will be the price shown on this site at the
time you place your order. Items ordered from this site may be delivered
in
separate shipments. The following Terms and Conditions shall govern
sales made through this site by Finemech, Inc., its subsidiaries and
its authorized
distributors ("Seller").
1. Terms and Conditions of Sale: All descriptions,
quotations, proposals, offers, acknowledgments, acceptances and sales
of Seller's products
are subject to and shall be governed exclusively by the terms and
conditions stated herein. Buyer's acceptance of any offer to sell
is limited to
these
terms and conditions. Any terms or conditions in addition to, or
inconsistent with those stated herein, including those contained
in any of Buyer’s
documents or forms are not accepted. No such additional, different
or inconsistent terms and conditions shall become part of the contract
between Buyer and
Seller unless expressly accepted in writing by Seller.
2. Warranty: All of the products listed on this web site are warranted
to the final buyer by their manufacturer. Copies of such warranties are
available from this web site and are supplied with the product or are available
from the manufacturer. SELLER MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION
OF ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED
TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER EXPRESS, IMPLIED,
OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY
DISCLAIMED. NOTWITHSTANDING THE FOREGOING.
3. Limitation Of Remedy: EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW,
SELLER'S LIABILITY ARISING FROM OR IN ANY WAY CONNECTED WITH THE ITEMS
SOLD OR THIS CONTRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT
OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S
SOLE OPTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT
LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED WITH THIS
AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH
OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT, INCLUDING WITHOUT
LIMITATION, NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY, EXCEPT AS
OTHERWISE LIMITED BY APPLICABLE LAW.
4. Title. Title of purchased goods does not transfer from seller to buyer
until payment in full is received by Finemech Inc. Title for the goods
purchased transfers to Buyer as soon as goods are shipped by the manufacturer.
Inspect all packages prior to opening and unpacking and notify Finemech
of any damage immediately in writing by e-mail. Finemech will file shipping
damage claims with its shipping contractor and requires that details of
any damage claim to be made are filed with Finemech in writing by e-mail
within 2 working days of delivery of goods to buyer and that buyer complies with the instructions of Finemech's shipping contractor.
5. Shipping: Finemech’s prices may include
shipping costs from the manufacturer to buyer’s shipping address
in the continental United States of America, Alaska and Hawaii. Unless
otherwise agreed beforehand in writing, Finemech
will select the shipping company and method of shipping at its sole
discretion. Shipping will be by air courier or airfreight. Finemech’s prices
include any applicable USA customs duty. Shipping to any destination
other than
the continental
United States of America, Alaska and Hawaii will be arranged on written
request to Finemech and is at customer's risk. Finemech will use
airfreight or airmail shipment and will use its best efforts to ensure
that shipments are received within the times
published on the web site however Finemech accepts no responsibility
for delays to or loss of shipments. Buyer must inspect shipment on receipt and notify Finemech of any damage to packaging or contents in writing within 2 working days of receipt of shipment as defined on the shipping documents. Air courier bill of lading or air freight air way bill shall be the document defining delivery of shipment.
6. Returns: LIKE-NEW NON-DEFECTIVE / NON-DAMAGED
PRODUCTS purchased from this web site may be returned at Buyer's
cost for refund
of the purchase price paid by Buyer, less original shipping charges,
any return shipping charges paid by Finemech and a restocking charge
of 15% of the product price. Returns can only
be accepted on products within fifteen(15) days of date of shipment
provided such item is in good condition and is returned in the original
packaging. Buyer must obtain a Return Materials Authorization (RMA#) number from Finemech customer service before returning any item
by email
or by calling Finemech customer service. Items for return must be in
like-new condition, in original packages, with all manuals, accessories
and warranty cards. Some manufactures may-not allow the return of non-warranty
items. Because Finemech distributes products from various manufactures,
it is important that any returned product goes back to the manufacturer
of that product. Buyer maybe given separate RMA#s covering separate
products going to separate manufactures. ONLY PRODUCTS WITH A VALID RMA # AND WITHIN 15 DAYS OF THE ISSUE OF SAID RMA# WILL BE ACCEPTED.
Buyer will be notified by email or fax of an RMA#. Items that are
covered under warranty will be repaired or replaced and returned pre-paid
to
your location.
7.
Repairs: Finemech’s
suppliers provide various types of repair to their products details
of which
can be found on the supplier’s terms and warranty statement that
is published on the Finemech web site. Finemech will arrange for Buyer’s
or their assigns to use suppliers repair services at Buyer’s
cost. Finemech makes neither representation nor warranty that any of
the items supplied through its web site by its suppliers are able to
be repaired or will be repaired by the supplier. Repairs will provided
by Finemech customers service and an RMA # will be issued authorizing
Buyer to return products to Finemech’s supplier for repair.
8. Credit Card Guarantee: Any unauthorized charges
that appear on Buyer’s
credit card through no fault of Buyer and as a result of using
the Finemech web site, for which Buyer’s credit card company
holds Buyer liable will be covered by Finemech up to a maximum
of $50.00.
Under
the Fair
Credit Billing Act, a credit card company or issuing bank cannot
hold Buyer liable
for more than $50.00 of fraudulent charges.
9. Payment Terms: When approved by Finemech in
writing credit terms are provided and are net 30 day, payable by
company
check, money
order, credit
cards or cashier’s check in U.S. dollars only. Personal checks
are not accepted unless the business credit is established in the
name on the
check. There will be a $50 charge for all returned checks. A finance
charge of 1.5 percent per month will be charged for payments received
after the
due date. If an account balance is delinquent or in default, Finemech
will not authorize a purchase. Finemech may at its sole discretion
cancel the
business credit account. Finemech may report to credit reporting
agencies and other creditors the status and payment history of
Buyer’s
business credit account.
10. Sales Tax: Sales tax is collected on purchases
shipped to California, except when Finemech has a valid tax exemption
certificate
on file. Unless otherwise
indicated, all prices and charges are exclusive of sales, use,
property, occupational or like taxes which may be imposed by any
taxing authority
upon the manufacture, sale or delivery of the items sold hereunder.
If any such taxes must be paid by Seller or if Seller is liable
for the collection
of such tax, the amount thereof shall be in addition to the amounts
for the items sold. Buyer agrees to pay all such taxes or to reimburse
Seller
therefore upon receipt of its invoice. If Buyer claims exemption
from any sales, use or other tax imposed by any taxing authority,
Buyer shall save
Seller harmless from and against any such tax, together with any
interest or penalties thereon which may be assessed if the items
are held to be
taxable.
11. Prices: Prices on the Finemech web site include
all freight and packing costs and customs duty payable for importation
into The United
States of
America and delivery to Buyers site in the continental United States
of America, Alaska and Hawaii. Finemech shall have the right to
refuse or
cancel any orders placed for a product listed at an incorrect price.
Finemech will from time to time adjust its prices. As soon as a
price is changed
and published on Finemech’s web site the new price so published
shall be the price for which orders are accepted. Any item on back
order at the
time of a price change will have its price changed and may be cancelled
at Buyers discretion. Finemech normally expects to provide its
customers 30 days notice of an impending price change by publishing
a notice
of such impending price change on its web site.
12. Codes and Regulations Governing Product Suitability: Buyer
is responsible for complying with any applicable federal, state
or local codes and regulations
concerning application, construction, installation and/or use of
any items sold hereunder. Seller does not guarantee and is not
responsible for how
items sold hereunder are installed or used.
13. Changes, Reschedules and Cancellations: Buyer
may request to modify the designs or specifications for the items
sold hereunder as well as the
quantities and delivery dates thereof, or may request to cancel
all or part of an order however no such requested modification
or cancellation
shall become part of the contract between Buyer and Seller unless
accepted by Seller in a written amendment to this Agreement. Acceptance
of any such
requested modification or cancellation shall be at Seller's discretion,
and shall be upon such terms and conditions as Seller may require.
14. Force Majeure: Seller does not assume the
risk of and shall not be liable for delay or failure to perform
any of
Seller's obligations
by reason
of circumstances beyond the reasonable control of Seller (“ Force
Majeure"). Force Majeure shall include without limitation,
accidents, acts of God, strikes, lock outs or labor disputes, acts,
laws, rules
or regulations of any government or government agency, fires, floods,
delays
or failures in delivery of carriers or suppliers, shortages of
materials and any other cause beyond Seller's control.
15. Entire Agreement/Governing Law: The terms
and conditions set forth herein, together with any amendments,
modifications and any different terms
or conditions expressly accepted by Seller in writing, shall constitute
the entire Agreement concerning the items sold, and there are no
oral or other representations or agreements which pertain thereto.
This Agreement
shall be governed in all respects by the law of the State of California.
No actions arising out of the sale of the items sold hereunder
or this Agreement may be brought by either party more than two
(2) years after
the cause of action accrues.