Terms and Conditions of Sale
Acceptance of Marray’s offer to sell merchandise is expressly limited to the terms and conditions stated herein. Any proposed modification(s) not approved in writing by both parties shall be void and this agreement will be enforced as if such proposed modification(s) had not been made. In the event of any inconsistency between the terms and conditions of this offer and any purported acceptance or any purchase order, the terms stated herein shall prevail.
All prices are subject to change without prior notice and are not guaranteed. All prices are per unit (each) unless otherwise specified and do not include sales or local taxes.
The standard credit terms of Marray Inc., (hereinafter Marray) are 2% 10 days net 30. Net 30 means the check is received at Marray on or before 30 days from the date of the invoice. Interest will be charged at the rate of 1 and 1/2% per month on past due accounts.
Acceptance of orders / Quotations
Possession of prices from Marray does not commit Marray to accept any order. Marray reserves the right to refuse any order and will not be bound to fill any order until it has been accepted by a representative of Marray and confirmed by a written acknowledgment. Quotations are valid for sixty (60) days following the date of the quotation.
Minimum volume policy
Marray reserves the right to decline or discontinue direct sales to any customer (registered as a trades/wholesale account) who does not meet an annual minimum sales requirement of $2,500 in invoiced purchases.
An acknowledgment is an exact copy of a customer’s order as entered by Marray and should be verified by the customer. If the acknowledgment does not agree with customer’s understanding, Marray should be advised within three (3) days or the order will be billed as acknowledged. Marray’s sales terms shall apply irrespective of any special stipulation appearing in customer orders, unless specifically acknowledged and accepted by Marray.
Customer must advise Customer Service at Marray of merchandise to be returned and an RGA will be issued. Goods returned without an RGA will not be accepted by Marray. Full credit against future purchases or replacements will be made at the option of Marray if its investigation reveals goods were shipped in error or are defective in workmanship or material. Otherwise, a restocking fee of not less than fifty (50%) percent or $100.00 Net (whichever is greater) will be charged. All merchandise must be PREPAID AND PROPERLY PACKED. COD deliveries to Marray will be refused by Marray. Returned goods must be packed in original boxes. If product has been installed, it cannot be returned. No credit will be given for product not in original form unless, upon Marray inspection, product is found to be “defective.” If product is returned as defective and found to be operational, product will be returned freight collect and no credit will be issued.
No order will be invoiced for less than $100.00 Net plus shipping charges.
Changes or cancellations
When a special order is entered, no change can be made and the order is non-cancelable. Cancellation of items already packed for shipment will be removed if possible with a twenty-five (25%) percent restock charge.
Every possible care is taken in the final examination of packing of goods, and no complaints can be entertained unless made promptly on receipt of goods. No claim will be allowed for work done by others, consequential damages, or other expenditure, and Marray’s undertaking to repair or replace defective goods is its only liability. No claim for damage, shortage, or loss in transit will be considered unless notice in writing is given to the carrier and to Marray within ten (10) days of receipt of goods.
Marray is not responsible for, does not authorize, and will not accept any charges for the cost of labor or material incurred by anyone other than Marray for any installation, repair, service or replacement unless incurred with Marray’s prior written consent and agreement.
FOB point is Carson City, NV. Freight charges are prepaid and added to invoice. C.O.D. freight charges are paid by consignee. If invoice exceeds $3000.00 Net, full surface freight (UPS or truck) within the continental USA is deductible, provided invoice is paid within terms. Air freight and other special shipments are not deductible.
Marray reserves the right to discontinue or change any price, product, design, function and finish without prior notice.
Although Marray modifies products with the finest protective coatings, these coatings have their limitations, and in time may deteriorate from extremes of climate, frequency of use, perspiration, or other factors. Marray does not consider excessive wear or tarnishing of the finish as a result of any of the above conditions as a defect, but rather a normal process which cannot be avoided. Thus, Marray cannot guarantee product finishes and will not repair or replace finishes under this warranty.
Marray Enterprises, Inc. Warrants that its products are free from defects in workmanship and material under normal use and service. Since Marray does not control product usage, Marray makes no representation as to the degree of security conveyed by the use of any product. This Warranty does not cover defects or damage which occur from improper maintenance, improper storage, improper installation, shipping and handling, ordinary wear and tear, misuse, abuse, accident, unauthorized service, work done by others or consequential damages. Marray will not pay for the cost of repair performed other than in accordance with this Warranty. Warranty work can only be performed by Marray at the factory. Marray’s only liability, in tort or contract, whether under this Warranty or otherwise, is limited to providing repair or replacement of any product or component part which is proven defective as covered by the Warranty, within one (1) year "power transfer hinges three (3) years" after delivery from Marray to the original purchaser. Written notice of a product or component part believed to be defective as covered by this Warranty should be sent to Marray Inc., 52 Laxalt Drive, Carson City, NV 89706, and should include claimant’s name and address, identification of the product, invoice number and date, and a brief description of the defect. Upon receipt of such notice, a Marray representative will contact claimant as to where to ship such product or component part, shipping charges prepaid, for examination and, in the event such examination reveals a defect covered by this Warranty, the product will be repaired or replaced. This Warranty is in lieu of all other express warranties. To the extent permitted by law, all implied warranties are limited to the duration of this Warranty. Marray shall not be liable for any incidental or consequential damages. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other rights which vary from state to state.
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