MNR Consulting LLC (MNR Equipment) - Standard Terms and Conditions
1. Agreement:
These Standard Terms and Conditions ("Terms") govern all sales of equipment and related services ("Products") provided by MNR Consulting LLC, doing business as MNR Equipment ("MNR"), to the customer ("Customer"). By placing an order with MNR, Customer agrees to be bound by these Terms. These Terms supersede any conflicting terms or conditions contained in any Customer purchase order or other document.
2. Orders and Acceptance:
- All orders are subject to acceptance by MNR.
- MNR reserves the right to refuse or cancel any order for any reason.
- Order acceptance occurs upon MNR's written confirmation or shipment of the Products.
- Prices quoted are valid for a specified period, or if no period is specified, for 30 days from the date of the quotation.
3. Payment:
- Payment terms are as specified on the invoice.
- Late payments may be subject to interest charges at the maximum rate permitted by law.
- Customer is responsible for all applicable sales, use, and other taxes.
4. Shipping and Delivery:
- Shipping and delivery dates are estimates only and are not guaranteed.
- Risk of loss and title to the Products pass to Customer upon delivery to the carrier.
- Customer is responsible for all shipping and handling charges, unless otherwise agreed in writing.
- Customer is responsible for inspecting the products upon delivery and reporting any damage or discrepancies to MNR within 48 hours of receipt.
5. Equipment Sold "As Is":
- All equipment sold by MNR is sold "AS IS," with all faults and defects, unless otherwise expressly stated in writing.
- Customer acknowledges that they have had the opportunity to inspect the equipment or have waived their right to do so.
- MNR makes no warranties, express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose,1 except as specifically provided in the manufacturer's warranty, if applicable.
6. Manufacturer's Warranty:
- Certain Products may be covered by a manufacturer's warranty.
- MNR will assist Customer in processing warranty claims with the manufacturer to the extent reasonably possible.
- The manufacturer's warranty is the sole and exclusive warranty provided for the Products, and MNR shall have no liability or responsibility for any warranty claims beyond assisting with the manufacturer's process.
- Customer is responsible for complying with the manufacturer's warranty terms and conditions.
7. Limitation of Liability:
- In no event shall MNR be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, lost profits,2 loss of use, or business interruption, arising out of or related to the sale or use of the Products, even if MNR has been advised of the possibility of such damages.
- MNR's total liability for any claim arising out of or related to these Terms or the sale of the Products shall not exceed the purchase price paid by Customer for the Products.
8. Returns and Refunds:
- Returns are only accepted with prior written authorization from MNR.
- Returned Products may be subject to a restocking fee.
- Refunds, if applicable, will be issued in accordance with MNR's refund policy.
- Items sold "as is" are not eligible for return or refund, outside of manufacturer warranty claims.
9. Force Majeure:
- MNR shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited3 to, acts of God, war, terrorism, strikes, labor disputes,4 material shortages, or government regulations.
10. Governing Law and Jurisdiction:
- These Terms shall be governed by and construed in accordance with the laws of the State5 of [State Name], without regard to its conflict of law principles.6
- Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located7 in [County/City, State].
11. Entire Agreement:
- These Terms constitute the entire agreement between MNR and Customer with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.8
12. Amendments:
- MNR reserves the right to amend these Terms at any time by posting the revised Terms on its website or providing written notice to Customer.
13. Severability:
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and9 effect.
MNR Consulting LLC (MNR Equipment)
2468 Industrial Row Dr. Troy, MI 48084
586-329-9020
Sales@mnrequipment.com
www.mnrequipment.com