ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED SUBJECT TO THESE TERMS OF PURCHASE AND THE TERMS AND CONDITIONS OF USE. YOUR ACCESS OF AND/OR USE OF THIS WEBSITE EVIDENCES AND CONFIRMS YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF PURCHASE AND THE TERMS AND CONDITIONS OF USE. PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND THE TERMS AND CONDITIONS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF PURCHASE OR THE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.
GENERAL TERMS AND CONDITIONS OF PURCHASE
Merkle-Korff warrants that any product purchased through this website will be free from defects in workmanship and materials for one year after date of purchase from Merkle-Korff, provided such product is used under normal conditions for its intended purpose(s). Any product or part thereof which is determined by Merkle-Korff upon physical inspection (see DISPOSITION OF CLAIMS (below) for information on returning products) to be defective in materials or workmanship will be, at Merkle-Korff's sole option, repaired or replaced as the sole and exclusive remedy.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY MERKLE-KORFF. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY, BY OPERATION OF LAW, ARISE OR SURVIVE THIS DISCLAIMER, SUCH WARRANTIES SHALL HAVE A TERM WHICH SHALL NOT EXCEED ONE YEAR AFTER THE DATE OF PURCHASE OF THE PRODUCT FROM MERKLE-KOFF. MERKLE-KORFF DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, OR FAILURE TO FOLLOW INSTRUCTIONS. ANY PRODUCT DESCRIPTIONS CONTAINED ON THIS WEBSITE DOES NOT EXPRESS OR IMPLY A WARRANTY THAT SUCH PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
MERKLE-KORFF EXPRESSLY DISCLAIMS ANY LIABILITY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES ARISING HEREUNDER. MERKLE-KORFF'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID BY PURCHASER TO MERKLE-KORFF.
DISPOSITION OF CLAIMS
Merkle-Korff will make a good faith effort for prompt disposition with respect to any colorable claim regarding any product which proves to be defective, provided such claim is brought within the warranty period. Before returning any product, Purchaser must submit to Merkle-Korff the product's purchase date and original invoice number, a description of any purported defect(s), and obtain return authorization from Merkle-Koff.
States and localities may have codes and regulations governing the sales, construction, installation, and/or use of products for certain purposes, and such codes and regulations may vary from those in other states or localities. Merkle-Korff cannot guarantee compliance with such codes and regulations, and further cannot be responsible for purchaser's product installation or use. Before purchase and/or use of a product, it is Purchaser's duty to review any product instructions and federal, state and local codes and regulations, and ensure that the product and its installation and use will comply with such codes and regulations.
Merkle-Korff shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond Merkle-Korff's control.
Cancellations of orders are subject to the review and approval of Merkle-Korff. Restocking or other charges may be applicable to any such cancellation.
Purchaser shall not assign any of its rights in any order without the prior written consent of Merkle-Korff. Any actual or attempted assignment without Merkle-Korff's prior written consent shall entitle Merkle-Korff to cancel such order upon notice to Purchaser and without liability.
MODIFICATION OF TERMS
Merkle-Korff's acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth herein and Purchaser's assent to these TERMS AND CONDITIONS OF PURCHASE and the TERMS AND CONDITIONS OF USE and shall be presumed, at a minimum, from Purchaser's accessing and use of this website, or from Purchaser's ordering of goods or services through this site.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title, license or interest in the trademarks, copyrights or other intellectual property rights in any of Merkle-Korff's products or any products shown of made available for purchase via this site. Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
Merkle-Korff and Purchaser are independent entities. Purchaser is not authorized to and shall not make any representations which attempts to bind Merkle-Korff.
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein.
CROSS REFERENCE INFORMATION
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.
CHOICE OF LAW, VENUE
This Agreement shall be interpreted, construed and enforced pursuant to, and in accordance with, the law of the State of Illinois, without regard to choice of law provisions. The parties agree that any disputes, controversies, claims, or causes of action arising out of, in connection with, or related to, this Agreement shall be litigated in a Federal or State court located in the State of Illinois.
These Terms and Conditions of Purchase, the Terms and Conditions of Use and any quotations provided by Merkle-Korff to a purchaser are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Merkle-Korff with respect to any purchase or transaction arising out of this website and supercede all prior oral or written agreements or understandings between Merkle-Korff and the Purchaser.
CONDITIONS FOR STOCK MOTOR ORDERS SHIPPED WITHIN THE CONTINENTAL UNITED STATES
Identification and proof of creditworthiness is required from all purchasers. Access to the Merkle-Korff website or possession of Merkle-Korff literature does not constitute a right to purchase stock products.
Minimum order is $100.
Prices published on the Merkle-Korff website are subject to change without notice. All prices are subject to appropriate volume discounts. Quotations are available upon request for large quantities.
State and local sales taxes may apply in certain geographical areas or on items for which a sales tax exemption certification is not available. Sales tax exemption information must be provided at the time of order placement.
All payments must be made in U.S. dollars. Terms are net 10 days for purchasers with established credit with Merkle-Korff. If credit is not established payment can be made with order through the use of a recognized major credit card. All orders under 100 pieces must be made by credit card unless prior approval is obtained from Merkle-Korff.
SHIPPING AND HANDLING
Freight will be prepaid by Merkle-Korff for a single shipment of stock motors, provided such order is for $1000 or more, exclusive of any applicable taxes, and such shipping address is within the 48 contiguous United States, and such orders are shipped using the routing of Merkle-Korff's choice. For shipments outside the 48 contiguous United States, please contact Merkle-Korff. Any charges incurred for special shipping instructions or designation of carriers must be paid by the purchaser. For orders under $1000 shipping and handling charges shall be added to the invoice. Title and risk of loss pass to the purchaser on delivery to the carrier. Accordingly, claims must be filed with the carrier for product damaged in transit.
CONDITIONS FOR ORDERS FOR SHIPMENT OUTSIDE THE CONTINENTAL UNITED STATES
EXPORT SALES TERMS AND CONDITIONS