Terms & Conditions
4. REPRESENTATIONS OF AGENTS AND EMPLOYEES OF SELLER Purchaser knows and understands that no employee or agent of seller is authorized to make any representation binding the seller other than those contained herein or those which are reduced to writing and approved and signed by the General Manager or Officer of the seller. Any statements written or verbal made by any agent or employee of seller contrary to the terms of this paragraph shall be construed to be mere expressions of opinion and Purchaser understands that they shall not be construed as warranties or representations and seller is in no way liable for such.
5. PURCHASER'S RISK ASSUMED HEREUNDER Seller's products are not recommended or authorized for life support or surgical implant applications, and Buyer assumes all risk and liability in use for such applications. Buyer agrees to indemnify Seller for all damages that may be incurred due to use of Seller's products in life support and surgical implant applications.
6. RETURNS Since the Seller, Melvin Automation, does not control the use of its products; there are no express warranties that extend beyond the description contained herein. No merchandise or equipment purchased by Purchaser from Seller may be returned without written authorization from Melvin Automation. Said written authorization will state terms and conditions on which returns will be determined. Returned unused merchandise must be in saleable and useable condition and such determinations are at sole discretion of Melvin Automation and subject to inspection and acceptance of sole discretion of Melvin Automation. A restocking charge will be assessed for any material approved for return. Special order items and buy-out items purchased by seller for Purchasers convenience are not returnable except when vendor of said special order items and/or buy-out items agrees to accept the item(s) for return and allowance. Any merchandise or equipment returned must be returned freight prepaid.
7. WARRANTY AND LIABILITY NO WARRANTIES OR MERCHANTABILITY AND/OR FITNESS FOR ANY PURPOSE ARE MADE OR AUTHORIZED BY SELLER. No warranties express or implied are made or authorized by seller except as herein set forth. Melvin Automation acts solely as an agent for the various manufacturers whose merchandise and equipment it supplies. Melvin Automation shall not be responsible for consequential damages or contingent liabilities or labor charges or any other charges or damages incurred by the customer out of defective installation, workmanship or defects in equipment and/or merchandise sold under this agreement. Melvin Automation acts solely as an agent and will convey to Purchaser whatever warranty is offered by various manufactures and vendors Melvin Automation represents.
8. PERFORMANCE AND CANCELLATION Melvin Automation shall not be responsible or liable for any delay or failure in performance or any delivery due to strikes, accidents, fire, transportation, inability to secure merchandise or equipment, weather or causes beyond its control. No order may be cancelled by Purchaser except by written notice to Melvin Automation and upon payment to Melvin Automation of all cost arising out of or in connection with the order.
9. TAXES Any and all taxes or other government charge upon sales or shipment or delivery of equipment or merchandise by Melvin Automation imposed by Federal, State, Municipal or other authority will be added to the sales price and be paid by the Purchaser. 10. FINIAL EXPRESSION If any provision or clause herein is invalid or unenforceable by virtue of any law applicable thereto, then this agreement shall be considered divisible as to such provision or clause and the remainder shall be binding and valid as though such provision or clause were not included herein.
10. Melvin Automation will not held responsible for using the product in application requiring safety and life sustaining application. The products are meant for industrial application only and Melvin Automation is not responsible for for loss occurred to due accidents, faulty installation, abuse, misuse, improper maintenance or of of Gods including lightening surge.