Terms and Conditions
PAYMENT TERMS AND CONDITIONS
1. Prices are (a) subject to change without notice prior to acceptance of Buyer's order by Max Machining; (b) exclusive of all Federal, State, Municipal or other Government Excise, Sales, Use, Occupational or like taxes now in force or to be enacted in the future;(c) subject to an increase equal in amount to any tax that Max Machining may be required to collect or pay upon the sale of the items quoted; (d) quoted FOB, place of manufacture; and (e) subject to change at any time by Max Machining in the event of any change in the Buyer's requirements or the terms and conditions of the quote, including but not limited to, expediting of the shipment date.
2. Terms of Sale are as follows, (a) Invoices for first-time Customers will be issued upon execution of Sales Order and shall be payable on receipt. (b) For all repeat customers Invoices will be issued upon execution of Sales Order, 50% of the sum of the invoice shall be payable upon receipt of invoice and the remainder shall be payable 2 days prior to the date of shipment unless otherwise stated, these terms are subject to changes as Max Machining's accounting department may impose because of financial or credit conditions existing at the time of shipment. In the event of an order for several units, each unit will be invoiced 2 days prior to their shipment. (c) Max Machining reserves the right to modify these terms for export business and special projects. (d) Max Machining always reserves the right at any time to require whole or partial payment of the Price by the Customer at any time before delivery. Where the whole or partial payment of the Price is required by Max Machining before Delivery, any failure by the Customer to make such payment when required by Max Machining entitles Max Machining to Suspend manufacture of the components ordered; and/or cancel scheduled shipment of components until such payment is made.
3. All terms are subject to change without notice. If you are a customer under 15-, 30-, 60-, or 90-day terms. Such terms have requirements and are subject to application and credit acceptance. Any failure by the Customer to adhere to these terms entitles Max Machining to revoke approved credit and any outstanding balances will be due immediately. In the event that legal action is required to collect money due for components sold, delivered, ordered, and/or have a scheduled delivery into the future, the customer agrees that Max Machining shall be entitled to recover all costs, including reasonable attorney fees, collection fees and expenses incurred; customer agrees to immediately notify Max Machining of any change in ownership or form of said business. The customer agrees that delinquent invoices are subject to finance charges of 1.5% per month (18% APR).
SHIPPING TERMS AND CONDITIONS
1. SHIPPING TERMS, (a) The shipping date shown on the Sales Order is approximate, and dependent upon prior sales and circumstances beyond Max Machining's control. (b) Shipping date will be computed from the date of receipt of Sales Order or if material is being supplied by the customer from the date the material is received by Max Machining. (c) Every effort will be made to effect shipment within the time stated, but Max Machining will not be liable for any damages resulting from delay in shipment resulting directly or indirectly from fire, embargo, strikes, act of God, civil strife or insurrection, transportation delay, whether at place of manufacture or elsewhere, or from delay by reason of any rule, regulation or order of any governmental authority directly affecting delivery or from other causes beyond Max Machining’s control. (d) Any changes in customer's requirements will require confirmation or revision of estimated shipping date. (e)Goods might ship earlier than approximate shipping date stated on Sales Order unless Buyer request goods to be shipped no earlier than approximate shipping date.
2. DELIVERY TERMS, all goods shall be shipped FOB Origin. Max Machining shall have the right to select the carrier unless the carrier is designated by the Buyer. Upon delivery of the goods by Max Machining to the carrier, the carrier shall be deemed to be the agent of the Buyer and thereafter all risk of loss shall be on the Buyer.
CANCELLATION TERMS AND CONDITIONS
In the event Buyer requests Max Machining to stop work or cancel the order or any part thereof: (a) Any and all work that is complete or can be completed within 30 days from date of notification to stop or cancel, shall be invoiced, and paid for in full. (b) For work-in-progress and any materials and supplies procured, or for which definite commitments have been made by Max Machining in connection with Buyer's order, the Buyer shall pay the actual manufacturing and purchasing costs, overhead and sales and administrative expenses determined in accordance with good accounting practices. (c) Buyer shall promptly instruct Max Machining as to the disposition of the product and the latter shall, if requested, hold the product for Buyer's account. All costs of storage, or other costs in connection therewith shall be borne by the Buyer.
Online Terms and Conditions
Agreement between User and MaxMachining.com
Welcome to MaxMachining.com. The MaxMachining.com website (the "Site") is comprised of various web pages operated by Max Machining, LLC ("Max Machining"). MaxMachining.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of MaxMachining.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
MaxMachining.com is a business/marketing Site.
We provide CNC machining services.
Electronic Communications
Visiting MaxMachining.com or sending emails to Max Machining constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Max Machining does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MaxMachining.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
MaxMachining.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Max Machining and Max Machining is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Max Machining is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Max Machining of the site or any association with its operators.
Certain services made available via MaxMachining.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the MaxMachining.com domain, you hereby acknowledge and consent that Max Machining may share such information and data with any third party with whom Max Machining has a contractual relationship to provide the requested product, service or functionality on behalf of MaxMachining.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use MaxMachining.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Max Machining that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Max Machining or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Max Machining content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Max Machining and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Max Machining or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Max Machining from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Max Machining Content accessed through MaxMachining.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Max Machining, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Max Machining reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Max Machining in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Max Machining agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAX MACHINING, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAX MACHINING, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAX MACHINING, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAX MACHINING, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAX MACHINING, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Max Machining reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Max Machining as a result of this agreement or use of the Site. Max Machining's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Max Machining's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Max Machining with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Max Machining with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Max Machining with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Max Machining reserves the right, in its sole discretion, to change the Terms under which MaxMachining.com is offered. The most current version of the Terms will supersede all previous versions. Max Machining encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Max Machining welcomes your questions or comments regarding the Terms:
Email Address:
info@MaxMachining.com
Telephone number:
2156084595
Effective as of November 04, 2019