Terms and Conditions of Sale

Acceptance of any order and sale of any goods are expressly conditional upon the terms and conditions as listed herein. Any order or statement of intent to purchase any such goods, or any direction to proceed with engineering, procurement, manufacture or shipment shall constitute assent to said terms and conditions. Any additional or different terms or conditions set forth in Buyer’s purchase order or similar communication are objected to and will not be binding upon MOSMATIC Corporation, unless specifically assented to in writing by an authorized representative of MOSMATIC Corporation management.

1. Prices

All prices stipulated or promulgated by MOSMATIC Corporation are subject to change without notice. Prices do not include any present or future sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.

2. Shipping

All orders are shipped via UPS Ground unless otherwise specified. Most orders for stock goods will usually be shipped same day if purchase order is received by 12 p.m. CST. Special crating or handling charges may apply to oversized or custom orders. Please inspect your shipment immediately upon arrival. If your order is not received in satisfactory condition, keep all packaging material and notify MOSMATIC Corporation within 48 hours. All sales are made ex point of shipment, and the Buyer assumes all risks with title passing upon delivery to carrier at point of shipment, irrespective of who selects carrier. Shipping dates given in advance of actual shipments are best estimates and shall not be deemed to represent fixed or guaranteed shipping dates. MOSMATIC Corporation shall not be liable for failure to deliver or for delay in delivery or performance due to (a) a cause beyond its reasonable control or (b) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, delay in transportation or (c) any other commercial impracticability. Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If in the judgment of MOSMATIC Corporation, the financial condition of the Buyer at the time of manufacture or shipment does not justify the terms of payment specified on order, MOSMATIC Corporation reserves the right to require from Buyer full or partial payment or other adequate assurance of performance before manufacture or shipment. MOSMATIC Corporation reserves the right to suspend its performance until such a payment or adequate assurance of performance has been received. If payment is not made when due, Buyer agrees to pay a charge on the amount past due at the rate of 1.5% per month (18% per annum) or the maximum lawful rate, whichever is less. Nothing herein shall be deemed to extend or otherwise modify Buyer’s obligation to make payment when due.

3. Payments

Credit: First orders are C.O.D., subsequent orders net 30 days from date of invoice upon credit approval. For credit applications, please call (800) 788-9880. Payment shall be made in US$ (USD) only or in the currency agreed. Checks will be accepted as means of payment but shall not be regarded as settlement until they have been cleared. For your convenience we accept VisaCard, MasterCard, American Express and Discovery Card.

4. Termination

Buyer may terminate an order only by mutual agreement based on payment to MOSMATIC Corporation of reasonable and proper termination charges.

5. Returns

No return of goods will be accepted without prior authorization from a representative of MOSMATIC Corporation management. All returns must be accompanied by a Returned Goods Authorization (RGA) number provided by MOSMATIC Corporation. RGA numbers are valid for 90 days only. Except due to manufacturer defects, all returns must be in resalable condition and are subject to a 15% restocking charge.

6. Limitation of Liability

MOSMATIC Corporation’s liability on any claim for loss or damage arising out of a contract or from the performance or breach thereof or connected with the supplying of goods, or their sale, resale, operation or use, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such goods or part thereof involved in any claim. MOSMATIC Corporation shall not under any circumstances be liable for any labor charges, special or consequential damages including, but not limited to, bodily injury, loss of profits or revenue, loss of use of any product or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or costs of claims arising from Buyer or Buyer’s customers. Any technical or other advice or assistance furnished by MOSMATIC Corporation, which concerns any goods supplied hereunder, will not subject MOSMATIC Corporation to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

7. Limited Warranty

MOSMATIC Corporation warrants that its product/s (the „Product“) shall be free from defects in materials and workmanship under normal use, installation and maintenance in accordance with MOSMATIC Corporation’s specifications. If any failure to conform to this warranty is reported to MOSMATIC Corporation within six months from the date of purchase by the original buyer, MOSMATIC Corporation, upon being satisfied of the existence of such nonconformity, will, with exclusions (wear and tear) etc., correct same at its discretion by repairing or replacing the Product. This warranty does not cover damage resulting from mishandling in transit, vandalism, misuse, abuse, neglect, alteration, dismantling, acts of God or failure to exercise reasonable care in installing or maintaining the Product. This warranty applies only to the original buyers who purchased the Product directly from MOSMATIC Corporation. To obtain service under this warranty, call our sales/service department at (800) 788-9880. NO EVENT WILL MOSMATIC Corporation BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.

8. Availability

Not all products listed in this catalog are stocked by each service center.

9. Governing law

All orders are accepted by Seller at its mailing address in Bristol, Wisconsin, and shall be governed by and interpreted in accordance with the laws of the state of Wisconsin.