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 rejected, 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.
1. 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 red uction 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 handling charge. Contact your account manager regarding freight paid order eligibility. 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.
2. Limited Warranty. Seller warrants to the original purchaser that the Product covered by this Limited Warranty will remain free from defects in workmanship or material under normal commercial use and service for a period of one year from the date of shipment to the original Purchaser. This Warranty shall not apply to defects arising, in whole or in part, from any accident, negligence, alteration, misuse or abuse of the Product, operation of the Product which is not in accordance with applicable instructions or manuals or under conditions more severe than, or otherwise exceeding, those set forth in the written specifications for the Product, nor shall this Warranty extend to repairs or alterations of the Product and/or any maintenance part by persons other than Seller or Seller’s authorized representatives. This warranty does not apply to accessory items. Further, this Warranty does not apply to damage or wear to the surface finish or appearance of the Product or normal wear and tear to the Product. This Warranty is limited to a purchaser who purchases the Product either directly from the Seller or from one of Seller’s “Authorized Distributors”. An Authorized Distributor is a Seller approved distributor that purchases the Product directly from the Seller for the sole purpose of re-selling the Product at retail, without any use or modifications whatsoever, to an end-purchaser. This warranty is specifically non-assignable and non-transferable.
3. Disclaimer of Warranty. The foregoing Limited Warranty is exclusive and is in lieu of all other warranties, whether oral or written and whether express, implied, or statutory. Seller hereby disclaims all other warranties, including but not limited to the warranties of merchantability and/or fitness for a particular purpose and all such other warranties are hereby excluded and are inapplicable to the product. Seller makes no warranties or representations of any kind concerning respirators, or equipment made by other manufacturers. Seller’s agents and representatives are not authorized to offer any further warranties.
4. Exclusive Remedy for Warranty Claims. THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING LIMITED WARRANTY, AND TO THE EXTENT PERMITTED BY LAW, ANY WARRANTY OR CONDITION IMPLIED BY LAW, COVERING THIS PRODUCT SHALL BE, AT THE SELLER’S OPTION, THE REPAIR OR REPLACEMENT, FREE OF CHARGE, F.O.B. POINT OF MANUFACTURE, OF ANY DEFECTIVE PART OR PARTS OF THE PRODUCT THAT WERE MANUFACTURED BY SELLER, AND WHICH ARE RETURNED TO SELLER AT SELLER’S PRINCIPAL PLACE OF BUSINESS, POSTAGE PREPAID BY THE PURCHASER. THIS SOLE AND EXCLUSIVE REMEDY IS CONDITIONED UPON PURCHASER’S PROMPT WRITTEN NOTICE TO SELLER AT SELLER’S PLACE OF BUSINESS THAT A DEFECT HAS BEEN DISCOVERED, TOGETHER WITH A REASONABLY DETAILED DESCRIPTION OF THE DEFECT IN THE PRODUCT, PROOF OF PURCHASE OF THE PRODUCT, AND THE MODEL AND IDENTIFICATION NUMBER OF THE PRODUCT WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE DEFECT, OTHERWISE SUCH CLAIMS SHALL BE DEEMED WAIVED. NO ALLOWANCE WILL BE GRANTED FOR ANY REPAIRS OR ALTERATIONS MADE BY PURCHASER OR OTHERS WITHOUT SELLER’S PRIOR WRITTEN CONSENT. IF SUCH NOTICE IS TIMELY GIVEN, SELLER WILL HAVE THE OPTION TO EITHER MODIFY THE PRODUCT OR COMPONENT PART THEREOF TO CORRECT THE DEFECT, REPLACE THE PRODUCT OR PART WITH COMPLYING PRODUCTS OR PARTS, OR REFUND THE AMOUNT PAID FOR THE DEFECTIVE PRODUCT, ANY ONE OF WHICH WILL CONSTITUTE THE SOLE LIABILITY OF SELLER AND FULL SETTLEMENT OF ALL CLAIMS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY OBLIGATION GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT UNDER THIS WARRANTY. PURCHASER SHALL AFFORD SELLER PROMPT AND REASONABLE OPPORTUNITY TO INSPECT THE PRODUCT FOR WHICH A CLAIM IS MADE. THE SOLE PURPOSE OF THE FOREGOING STIPULATED EXCLUSIVE REMEDY SHALL BE TO REPAIR OR REPLACE DEFECTIVE PRODUCTS OR COMPONENTS THEREOF OR TO REFUND PURCHASER THE PURCHASE PRICE THEREOF. THIS STIPULATED EXCLUSIVE REMEDY SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS SELLER IS WILLING AND ABLE TO REPAIR OR REPLACE THE DEFECTIVE PARTS OR REFUND THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF. PRODUCTS THAT HAVE BEEN REPAIRED OR REPLACED UNDER THIS WARRANTY DO NOT RECEIVE A NEW WARRANTY AND ARE ONLY COVERED BY THE REMAINING PORTION OF THE ORIGINAL WARRANTY.
5. Limitation of Remedies. The foregoing stipulated exclusive remedy is in lieu of all other remedies for breach of contract, warranty, and/or tort or otherwise. Seller shall not be liable, either directly or indirectly, for any consequential, incidental or special losses or damages of Purchaser, including but not limited to the Purchaser’s expenses for downtime or for making up downtime, damages for which the Purchaser may be liable to other persons and/or entities, damages to property, and injury to or death of any persons and/or any claims for incidental or consequential damages, including but not limited to loss of profits, regardless of whether Seller has been informed of the possibility of such damages. Seller neither assumes, nor authorizes any person to assume for it, any other liability in connection with the sale or use of any Products covered by the foregoing Warranty and Disclaimers, and there are no oral agreements relating to remedies which are collateral to or which affect this limitation.
6. Returns And Credit. Goods must be thoroughly examined prior to accepting delivery. Concealed damage due to transportation must be reported to the carrier within thirty-six (36) hours of delivery. Non-conforming merchandise or shortages must be reported to Marco within three (3) days of delivery. In either case, do not discard any packaging material.
All returns require a Return Material Authorization (RMA) Number and RMA Form. These will be provided to you upon request. All returns are subject to a twenty percent (20%) restocking charge. Goods returned (except pursuant to warranty) must be in the unopened, original packaging, in new condition 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. Goods returned in unsaleable condition and beyond repair will not be credited. All returns, except those pursuant to warranty, must be shipped freight prepaid. The 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 unsaleable. If goods are not returned to Marco within 90 days of invoice date, they will be considered purchased, and they will not be credited.
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 an agreement with the foregoing indemnities.
Failure to comply with ANY WARNING listed below could result in death or serious injury.
Before using this equipment, read, understand and follow all instructions in the Operator’s Manuals with this equipment. If the user and/or assistants cannot read or understand the warnings and instructions, the employer of the user and/or 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, visit www.marco.us or call (563) 324-2519 for replacements.
Breathing dust containing silica could cause silicosis, a fatal lung disease. Breathing dust during abrasive blasting operations, post-blast cleaning operations, and/or servicing equipment within the abrasive 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 abrasive blasted can remain suspended in the air for long periods of time after abrasive blasting has ceased. A NIOSH-approved, well-maintained, respirator designed for the specific operation being performed must be used by anyone abrasive blasting, handling or using the abrasive and anyone in the area of the dust.
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.