Terms & Conditions
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€™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 (25% FOR PRODUCTS FROM CHEMLINE). 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 e-mail 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 may be 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 e-mail or fax of an RMA#. Items that are covered under warranty will be repaired or replaced and returned pre-paid to your location. Special orders are non returnable. RETURNS MUST BE SENT PREPAID BY INSURED COURIER SHIPPING TO THE MANUFACTURER'S LOCATION AT CUSTOMERS COST. SHIPPING FOR ANY EXCHANGED NON WARRANTY ITEMS WILL BE CHARGED FOR.
7. Special Orders: Finemech will undertake special orders for non standard products including modifying standard products. Special orders are manufactured to order (Made to Order) by Finemech suppliers and are non returnable. Special orders require pre-payment and are not cancellable.
8. Repairs: Finemech's suppliers provide various types of repair to their products details of which can be found on the suppliers terms and warranty statement that is published on the Finemech web site. Finemech will arrange for Buyers or their assigns to use suppliers repair services at Buyers 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.
9. Credit Card Guarantee: Any unauthorized charges that appear on Buyers credit card through no fault of Buyer and as a result of using the Finemech web site, for which Buyers 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.
10. Payment Terms: When approved by Finemech in writing credit terms are provided and are net 0, payable on receipt of goods by company check, money order, credit cards or cashiers 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 Buyers business credit account. Credit terms are not extended to shipments outside The United States of America.
11. 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.
12. Prices: Prices on the Finemech web site may not 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.
13. 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.
14. 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 Sellers discretion, and shall be upon such terms and conditions as Seller may require. Any such change or modification is considered to be a special order. Special orders are non returnable and non cancellable.
15. 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.
16. 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.