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 or additional terms or conditions contained in any Customer purchase order or other document, whether or not such terms are expressly rejected.
2. Orders and Acceptance:
All orders are subject to acceptance by MNR. MNR reserves the right to refuse or cancel any order at its sole discretion. Order acceptance occurs upon MNR’s written confirmation or shipment of the Products, whichever occurs first. Prices quoted are valid for the period stated in the quotation, or if no period is stated, for thirty (30) days from the date of the quotation. Orders may not be cancelled or modified by Customer without MNR’s prior written consent. Approved cancellations may be subject to cancellation fees, restocking fees, and reimbursement of costs incurred by MNR.
3. Payment:
Payment terms are as specified on the invoice. Late payments may be subject to interest at the maximum rate permitted by applicable law. Customer is responsible for all applicable sales, use, excise, and other taxes, duties, or fees imposed by any governmental authority, excluding taxes based on MNR’s income.
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 of the Products to the carrier. Customer is responsible for all shipping, handling, and insurance charges unless otherwise agreed in writing. Customer must inspect all Products immediately upon receipt and notify MNR in writing of any damage, shortages, or discrepancies within forty-eight (48) hours of delivery. Failure to provide such notice within this time period constitutes acceptance of the Products and a waiver of any related claims.
5. Equipment Sold “AS IS”:
All Products sold by MNR are sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” unless expressly stated otherwise in writing by MNR. Customer acknowledges that it has had the opportunity to inspect the Products or has voluntarily waived its right to do so. MNR makes no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except as expressly provided in a manufacturer’s warranty, if applicable. This “AS IS” provision applies to both new and used equipment unless expressly stated otherwise in writing.
6. Manufacturer’s Warranty:
Certain Products may be covered by a manufacturer’s warranty. MNR will reasonably assist Customer in submitting warranty claims to the manufacturer but shall have no responsibility for the outcome of such claims. The manufacturer’s warranty is the sole and exclusive warranty applicable to such Products. Customer is responsible for complying with all manufacturer warranty terms, conditions, and procedures.
7. Limitation of Liability:
To the fullest extent permitted by law, MNR shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, loss of use, or business interruption, arising out of or related to the sale, delivery, installation, 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 Products shall not exceed the purchase price actually paid by Customer for the Products giving rise to the claim.
8. Returns and Refunds:
Returns are accepted only with MNR’s prior written authorization. Authorized returns may be subject to restocking fees and other applicable charges. Refunds, if any, will be issued in accordance with MNR’s refund policy. Products sold “AS IS” are not eligible for return or refund, except as required under applicable manufacturer warranty terms.
9. Force Majeure:
MNR shall not be liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, material shortages, supply chain disruptions, transportation delays, or governmental actions or regulations.
10. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the sale of Products shall be subject to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan.
11. Attorneys’ Fees:
In any action or proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses.
12. 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 agreements, representations, or communications, whether oral or written. Customer acknowledges that it has not relied on any representations or warranties not expressly set forth herein.
13. Amendments:
MNR may amend these Terms from time to time by posting revised Terms on its website or providing written notice to Customer. Revised Terms shall apply only to orders placed after the effective date of such revisions, unless otherwise agreed in writing.
14. Assignment:
Customer may not assign or transfer its rights or obligations under these Terms without MNR’s prior written consent. Any attempted assignment without consent shall be void.
15. Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
MNR Consulting LLC (MNR Equipment)
2468 Industrial Row Dr., Troy, MI 48084
586-329-9020 | Sales@mnrequipment.com | www.mnrequipment.com