MARANTEC AMERICA CORPORATION
TERMS AND CONDITIONS OF SALE
Copyright © 2008-2020 Marantec America Corporation
1. General: This Marantec America Corporation (hereinafter, "Marantec") Terms & Conditions are entered into to memorialize the sale of goods between the Parties. Marantec objects to and hereby rejects any additional or different terms in any Buyer's Purchase Order, Buyer's Acknowledgment, receipt or other forms. This Agreement may not be modified by Buyer's Purchase Order or other forms, except by a subsequent writing, signed by Marantec's authorized representative and Buyer's authorized representative.
2. Pricing: Prices and payments are in U.S. Dollars. Prices are subject to change, without notice. Listed Prices are E.X.W. at Marantec's Offices in Gurnee, IL.
3. Minimum Quantity: Marantec reserves the right to establish minimum order quantities.
4. Freight: Goods shall be shipped F.0.B. Marantec's dock in Gurnee, IL. Shipments will be made as designed in Marantec’s Confirmation.
5. Risk of Loss: Title to and ownership of the goods and risk of loss of all goods sold shall transfer to the Buyer at the time that the goods are delivered to the Buyer's carrier on the Marantec dock in Gurnee, IL.
6. Charges: All freight, taxes, brokerage fees, insurance costs, and all other costs or charges are for the account of the Buyer, as is compliance with all existing laws and regulations.
7. Payment Terms: Forms of payment are Business Check, Bank Card or Wire Transfer. Payment is due: Net 30 days, with approved credit. Late charges of 1.5% per month, are calculated from the invoice date on the unpaid balance will be applied to all amounts which are unpaid after 30 calendar days. All costs of collection, including collection agency fees, legal fees, expert fees, and court costs are to be paid by the Buyer. Future shipment(s) may be withheld until all late payments are paid.
8. The Buyer understands and agrees that he/she/it will not resell or “dump” Marantec products, including Marantec accessories, whether in current production or obsolete products, through third party-sellers or re-sellers which are not Marantec authorized sellers. Any and all Marantec products which are not purchased from Marantec authorized sellers are “grey market” purchases which are without warranty or representations of any kind whatsoever. For any warranties, whether express or implied by law, to be in effect, Marantec products must be purchased from a Marantec authorized seller. This prohibition includes such internet sellers which sell grey market products utilizing sites such as, inter alia., the Amazon companies, eBay, and Craigslist. The Buyer understands and agrees that the internet and electronic sellers of grey market Marantec products impair, diminish and damage the Marantec name, brand, and trademarks. The authorized Buyer may sell Marantec products on its own internet site.
9. Warranty: ALL WARRANTIES WITH RESPECT TO GOODS SOLO TO THE BUYER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. FURTHER. ALL LIABILITY FOR ANY DAMAGE RELATING TO ANY DEFECTIVE PRODUCT SHALL, REGARDLESS OF LEGAL OR EQUITABLE THEORY, BE LIMITED TO THE ACTUAL PRICE PAID BY THE BUYER FOR SUCH GOODS AND SHALL. IN NO EVENT, INCLUDE INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. MARANTEC'S WARRANTY IS TO THE END USER OF THE GOODS AND IS LIMITED TO THAT SPECIFIC, WRITTEN LIMITED WARRANTY, WHICH IS INCLUDED IN THE MARANTEC BOX CONTAINING THE GOODS. ONLY CURRENT WARRANTY TERMS MAY BE VIEWED AT THE MARANTEC WEBSITE.
10. Merchandise Return Authorization: All merchandise returned for repairs, exchange or credit must be accompanied by a Marantec approved "Return Goods Authorization" (RGA) form. If requesting a return for credit, a request for an RGA must be made within 30 days of the date of Marantec's invoice. A copy of the completed RGA form will be faxed to the customer upon verification of warranty and assignment of an RGA number. All returns must be shipped prepaid and the shipping cost will not be reimbursed. Returned goods are subject to a restocking fee of 20%. Merchandise will not be accepted without the appropriate RGA and will be returned to the sender at the sender's expense.
11. Availability: Marantec reserves the right to alter, modify or discontinue any item or items without any notification to the Buyer or end-user(s).
12. Delivery: Marantec will ship goods as provided in its Confirmation. Marantec is not responsible for delays or defaults due to extraordinary causes beyond its reasonable control such as natural disasters or national emergency. All orders shall be filled with reasonable promptness except that in case of fire, riots, acts of war, strikes or accidents or other conditions, whether or not similar in character to those specifically named, which unavoidably stop the making of deliveries, deliveries contracted for may be canceled or partially canceled as the case may be, upon written, fax or e-mail notice to the Buyer. Such interruption of deliveries, however, shall not invalidate the remainder of this Agreement, but upon removal of the cause of the interruption, deliveries shall continue as before.
13. Confidentiality: Buyer shall consider all commercial, financial or technical information supplied to Buyer to be confidential and Buyer shall not divulge this information to any third party without the prior written consent of Marantec's President.
14. No Agency: The Buyer does not have and shall not hold itself out as having any right, power, or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon the Marantec unless Marantec's President consents thereto, in advance, in writing.
15. Costs of Collection: In the event of non-payment or other default by the Buyer, the Buyer shall pay all expenses of Marantec, including collection agency fees, attorney's fees, expenses and court costs incurred in connection with the collection of this Agreement or any other agreement with the Buyer.
16. Modification, Integration, and Entirety: This Agreement contains all of the agreements and representations between the Parties. None of the terms of the Agreement shall be waived or modified to any extent, except by a written instrument signed and delivered by all Parties. It is declared by both Parties that there are no oral or other agreements or understandings between them affecting this Agreement, or related to the selling or servicing of the goods. This Agreement supersedes all previous agreements between the Parties and ls a full and complete integration of the entire Agreement of the Parties.
17. Choice of Law and Venue: This Agreement has been made, executed and delivered to Marantec at Gurnee, Illinois, and shall be construed in accordance with the laws of the State of Illinois, including the Uniform Commercial Code as adopted by the State of Illinois, in Lake County, Illinois.
Payment in U.S. Dollars. Terms E.X.W. Factory, Gurnee, IL.
Tax ID 36-414 2753
Checks should be made payable to:
Marantec America Corporation
5705 Center Point Court
Gurnee, IL 60031
TO PLACE AN ORDER DIRECTLY
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MARANTEC FAX ORDERS
Marantec America Corporation
5705 Centerpoint Court
Gurnee, IL 60031
Last update: February 28, 2020