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Midwest Electric Products, Inc. Disclaimer |
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Every effort has been taken to assure accuracy of the information on this site. Typographical or pictorial errors which are brought to Midwest's attention will be corrected with future web site updates.
Product dimensions are approximate and are provided for the convenience of our customers. Midwest recommends that the dimensions be checked before installation.
Data and specifications of the products listed on this site were correct at the time of publication and are subject to change without notice.
In no case should material be returned to Midwest Electric without first obtaining written authorization. All materials returned for any reason except factory errors will be subject to a minimum charge of 25%. Only unused equipment in first-class, resalable condition and of current design which has been invoiced to the customer within the past 12 months will be considered for return. Material must be securely packed and arrive at Midwest in good condition.
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Midwest Electric Products, Inc. Warranty |
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The Company warrants to the Purchaser that the equipment to be delivered hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified in the contract.
This warranty shall apply only to defects appearing within one year from the date of shipment by the Company.
If the equipment delivered hereunder does not meet the above warranty, and if the Purchaser promptly notifies the Company, the Company shall thereupon correct any defect including nonconformance with the specifications either (at its option) by repairing any defective or damaged parts of the equipment, or by making available at the Company's plant necessary repaired or replacement parts. The liability of the Company under this warranty (except as to title), or for any loss or damage to the equipment whether the claim is based on contract or negligence, shall not in any case exceed the cost of correcting defects in the equipment as herein provided and upon the expiration of the warranty period all such liability shall terminate. The foregoing shall constitute the exclusive remedy of the Purchaser and the exclusive liability of the Company.
The foregoing warranty is exclusive and in lieu of all other warranties, whether written, oral, implied, or statutory (except as to title). NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE SHALL APPLY. The Company does not warrant any equipment of other manufacture designated by Purchaser.
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Standard Conditions of Sale -
DELIVERY |
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Lead times and shipping dates are approximate and are based upon prompt receipt of all necessary information.
The Company shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its reasonable control, or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fire, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components, or manufacturing facilities. In the event of any such delays, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay.
Delivery of equipment to a carrier at Midwest Electric Products, Inc. plant or any other shipping point shall constitute delivery to the Purchaser, and title and all risk of loss or damage in transit shall pass to the Purchaser at that time regardless of freight payment.
All claims for loss and damage must be made by the Purchaser to the carrier. All claims for loss and damage must be made by the Purchaser to the carrier. All claims for shortages or other errors must be made in writing to Midwest Electric Products, Inc. within 30 days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by purchaser.
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SALES AND SIMILAR TAXES |
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The Company's prices do not include sales, use, excise, or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise, or other similar tax applicable to the sale or use of the equipment hereunder shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide the Company with a tax-exemption certificate to the taxing authorities.
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| CANCELLATION |
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The Purchase may cancel his order only upon written notice and upon payment to the Company of reasonable and proper cancellation charges.
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| PATENTS |
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The Company shall defend any suit or proceeding brought against the purchaser so far as based on a claim that any equipment or any part thereof, furnished under this contract constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Company's expense) for the defense of same and the Company shall pay all damages and costs awarded them against the Purchaser. In case said equipment, or any part thereof, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Company shall, at its own expense and at its option, either procure for the Purchaser the tight to continue using said equipment or part, or replace same with non-infringing equipment, or modify it so it becomes non-infringing, or remove said equipment and refund the purchase price and the transportation and installation costs thereof. The foregoing states the entire liability of the Company for patent infringement by said equipment or any part thereof.
The preceding paragraph shall not apply to any equipment, or any part thereof, manufactured to the Purchaser's design. As to such equipment or part, the Company assumes no liability whatsoever for patent infringement.
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| LIMITATION OF LIABILITY |
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The Company's liability on any claim of any kind, including negligence for any loss or damage arising out of, connected with, or resulting from the contract, or from the performance or breech thereof, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation, or use of any equipment covered by or furnished under this contract shall in no case (except as provided in the paragraph entitled "Patents"), exceed the price allocable to the equipment or unit thereof which gives rise to the claim.
In no event whether as a result of breach of contract or warranty or alleged negligence, shall the Company be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Purchaser for such damages.
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| GENERAL |
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The Company represents that any good to be delivered hereunder will be produced in compliance with the Fair Labor Standards Act of 1938 as amended.
Any assignment of this contract, or any rights hereunder, by the Purchaser without written consent of the Company shall be void.
The provisions of this contact are for the benefit of the parties thereto and not for any other person.
No understanding, promise or representation, and no waiver, alteration or modification of any of the provision hereof, shall be binding upon the Company unless assented to in writing by an authorized representative of the Company.
The equipment sold hereunder was not designed or manufactured for use in or with atomic installation or activity. If so used the company disclaims all responsibility of every kind, including negligence, and in addition the Purchaser shall indemnify and hold the Company harmless for any liability or damage whatsoever arising out of the use of the equipment in such a manner. |
