Purchases; Terms and Conditions
Marco will fulfill orders solely upon the terms set forth below. These terms and conditions shall supersede any provisions, terms and conditions contained on any purchase order, confirmation or other writing Buyer may give or receive which are hereby deemed refected, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. Marco makes no representations or warranties concerning products ordered except such as are expressly contained herein, and these terms may not be changed or modified orally.
- Changes in Price, Terms. While we strive to provide advance notification, all policies, products, product designs, prices and vendor representations are subject to change without notice. For current pricing and delivery arrangements, please call your account manager.
- Terms of Payment. With approved Credit, terms are: Cash net 30 days from the date of shipment. Payments not made when due shall bear interest at the rate of eighteen percent (18%) per annum, compounded monthly, or the rate permitted by law, whichever is greater. Except as provided herein or upon the express written authorization of Marco, payment due hereunder shall not be subject to any reduction or offset of any kind. Shipment shall be by Marco’s regular method of shipment, unless special arrangements are made by Buyer. Unless otherwise stated in this catalogue, all prices are F.O.B. origin. Identification of the goods to the contract shall occur as each shipment is placed in the hands of the carrier. Orders are subject to a $5.95 handling charge. Contact your account manager regarding freight paid order eligibility.
- Delays. Delivery shall be subject to, and contingent upon, strikes, labor difficulties, riot, civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in Marco’s usual sources of supply, governmental decrees or orders, or, without limiting the generality of the foregoing, any other delays beyond Marco’s reasonable control, and Marco shall not be liable for any loss or damage arising therefrom, even if Marco has been informed of the possibility of such damages.
- Warranties. Marco warrants that the products it manufactures will be free from defects in material and workmanship for a period of one (1) year from the date of shipment to the Buyer. Goods other than those manufactured by Marco will be subject to the original equipment manufacturer’s warranty in effect at the time of shipment..
- Claims of Damage/Warranty Service. Buyer must report non-conforming merchandise or shortages to Marco within three (3) days of Buyer’s discovery thereof, by written notice setting forth the specific respects in which the products fail to meet the applicable warranty. Upon receipt of such notice, Marco will, at its option, either modify or correct the non-conformity, replace the product with a conforming product, or refund the amount paid for the non-conforming product, any one of which will entirely satisfy Marco’s obligations under any warranty which Marco makes. The foregoing shall constitute Buyer’s sole and exclusive remedy for breach of any warranty made by Marco. This remedy shall not be deemed to have failed of its essential purpose so long as Marco is willing to repair the product, replace it, or refund the purchase price, provided that the product is under warranty.
- Disclaimer of Warranties. Marco makes no warranties with respect to any goods delivered to Buyer except as set forth above. MARCO MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE GOODS, AND MARCO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT. MARCO’S WARRANTIES SHALL NOT APPLY TO ANY DAMAGE OR NON-CONFORMITY RESULTING FROM THE NEGLIGENT OR IMPROPER ASSEMBLY OR USE OF ANY GOODS BY THE BUYER OR ITS EMPLOYEES OR AGENTS, OR FROM ALTERATION OR ATTEMPTED REPAIR BY ANY PERSON OTHER THAN AN AUTHORIZED AGENT OF MARCO OR THE ORIGINAL EQUIPMENT MANUFACTURER. ALL USED, REPAIRED, MODIFIED OR ALTERED ITEMS ARE PURCHASED AS-IS AND WITH ALL FAULTS.
- Limitation of Liability. In no event shall Marco be liable for any incidental or consequential damages, including loss of income or profit, even if Marco has been informed of the possibility of such damages.
- Returns And Credit. Goods must be thoroughly examined prior to accepting delivery. Concealed damage must be reported to the carrier within thirty-six (36) hours of delivery. Do not discard any packaging material and report non-conforming merchandise or shortages to Marco within three (3) days of receipt of shipment. Marco will not accept returns without written authorization. All returns require a Customer Authorization Return (CAR) Number and are subject to a twenty percent (20%) restocking charge. Goods returned (except pursuant to warranty) must be new and in saleable condition. Costs incurred to repair goods returned in unsaleable condition (except for warranty service) will be deducted before any credit is issued. All returns except those pursuant to warranty must be shipped freight prepaid. (The twenty percent (20%) restocking charge applicable to returns made outside of warranty will be waived if: 1) an offsetting order of equal or greater value has been placed; and 2) the product is returned in its unopened, original packaging, and the product is not obsolete, custom produced or otherwise nonsaleable.)
Credit & Collection Agreement
Unpaid balances are subject to 1.5% per month charge. Legal, travel, lodging and all other expenses, related to collecting unpaid balances, will be added to amount owed.
 WARNING
Before using this equipment, read, understand and follow all instructions in the Operator’s Manual. If the user or assistants cannot read or understand the warnings and instructions, the employer of the user and assistants must provide adequate and necessary training to ensure proper operation and compliance with all safety procedures pertaining to this equipment. If Operator’s Manuals have been lost, contact your distributor or call (563) 324-2519 for replacements. Failure to comply with the above warning could result in death or serious injury.
WARNING
Breathing dust containing silica could cause silicosis, a fatal lung disease. Breathing dust during blasting operations, post-blast cleaning operations, and/or servicing equipment within the blasting area may expose an individual to conditions that could cause asbestosis, lead poisoning and/or other serious or fatal diseases. Harmful dust containing toxic material from abrasives or surfaces being blasted can remain suspended in the air for long periods of time after blasting has ceased. A NIOSH-approved, well-maintained, respirator designed for the specific operation being performed must be used by anyone blasting, handling or using the abrasive, and anyone in the area of the dust. Failure to comply with the above warning could result in death or serious injury.
WARNING
You must comply with all OSHA, local, City, State, Province, Country and jurisdiction regulations, ordinances and standards, related to your particular work area and environment. Keep unprotected individuals out of the work area. Failure to comply with the above warning could result in death or serious injury.
Indemnification Agreement
Buyer agrees, to the fullest extent permitted by the law, to fully indemnify, hold harmless, and defend Seller, its parent, subsidiary, and affiliated corporations, its owners, officers, directors, employees, agents, representatives and insurers (collectively, “Indemnities”) from and against any and all claims, demands, suits, damages, judgments of sums of money, losses and expenses, including but not limited to attorney’s fees and costs (collectively referred to herein as “Claims”), arising out of or resulting from any bodily injury, sickness, disease or death, or injury to or destruction of tangible property, arising out of or resulting from the use, sale or distribution of any and all products purchased from Seller by Buyer herein, regardless of whether or not such claim arises in whole or in part out of Seller’s alleged fault, including but not limited to Seller’s negligence, strict liability, products liability, breach of warranty or any other act or omission. Buyer expressly waives any and all immunity from suit by Seller, its parent, subsidiary, and affiliated corporations, and its owners, officers, directors, employees, agents, representatives and insurers, by operation of any workers’ compensation or similar statute. Your purchase of any products from Marco signifies your unqualified consent to and agreement with the foregoing indemnities.
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Additional Information
#93322
General Equipment Guidelines
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