TERMS AND CONDITIONS
Terms of Sale
Products can be shipped consignee, collect, or by any means desired, however, standard terms of sale are F.O.B. Origin, freight prepaid and added to invoice. (IF EXPORT FROM NORTH AMERICA, INCOTERMS CIF is standard.) The customer is responsible for all freight and associated charges including from origination point to M&M Control Service, Inc. ALL CHARGES, FEES, DUTIES, TAXES, AND PAYMENTS ARE THE RESPONSIBILITY OF THE CUSTOMER. Installation of any products purchased must be in accordance to all Local, State, and/or Federal code or law.
M&M Control Service, Inc. negotiates annual contracts with quality freight carriers to obtain the best possible service and prices to the highest market standards for the logistics industry. In an effort to maintain its competitive edge in the market, these discounts and services are passed directly to the customer and are used as standard carriers on all F.O.B. Origin transactions. In the event a carrier of the customer's choice is allowed, all claims are the sole responsibility of the customer.
Minimum Order Requirements
Minimum order requirements $50 Net.
Return Goods/Cancellation Policy
***NO RETURNS ACCEPTED WITHOUT AN RMA***
ITEMS NOT LISTED AS STOCK ARE SPECIAL BUILT TO ORDER AND ARE NON-CANCELLABLE, NON-RETURNABLE. Restocking fees vary and are applicable regardless if order has shipped due to factory policies, production, and transit time. No returns without authorization or after 30 days. Fireye or Flame Safeguard equipment accepted only if factory carton seal is undisturbed. In the event of a warranty problem, M&M Control Service, Inc. reserves the right to repair or replace the item. A replacement item may be sold, however, the customer is responsible for payment on the original unit as well as the replacement. Other restrictions may apply. M&M Control Service, Inc. is not responsible for costs associated with delays or pricing for any reason. All returned material must be authorized prior to return. A request must be filed with a customer service representative, which will be followed by a Return Material Authorization (RMA) number and paperwork. Paperwork must be included with return. Material received without RMA paperwork may be refused and returned to the sender at his expense. All returned material is subject to inspection and should be returned in original unopened shipping cartons, or suitably packed. Deductions may be made for any material returned that is in other than saleable conditions. RMAs expire 14 days after issuance.
Credit and Credit Balance
Customer agrees that any credit balance(s) issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE(S) REMAINING WILL BE SUBJECT TO CANCELLATION, AND M&M SHALL HAVE NO FURTHER LIABILITY. All credits issued are "in house" credits. If customer wishes refund of any eligible credit balance, they must request in writing. No refund will be issued if there is an outstanding balance on the account and any and all past due charges shall be deducted from eligible credit balance.
Shortage Claims/Duplicate Orders/Incorrect Shipments
Claims for shortages or incorrect filling of order must be made within 10 days from date of delivery.
Any and all material received or accepted by customer remains the responsibility of the customer until material is returned in accordance with the above instructions.
HAZARDOUS MATERIAL RETURN POLICY
M&M Control Service, Inc. ships various products that are subject to the U.S. Department of Transportation (USDOT) shipping regulations and restrictions due to the nature of some of the chemicals contained in those products.
Powers # 11 regulating valves contain various levels of hazardous material. The type of material and the shipping/labeling requirements are listed on the Powers thermal valve shipping table. This shipping table can be requested from Powers's Customer Service.
Other products may be affected as required by the USDOT.
M&M Control Service, Inc. is in full compliance with all USDOT regulations, training requirements, and shipping procedures. It is the responsibility of the shipper to ensure that they are also in compliance with these regulations. Any shipment of the above-designated products must be packaged according to the USDOT 49CFR for introduction to the transportation system. USDOT regulations and all paperwork must be signed by a certified HAZMAT shipper in accordance with USDOT regulations.
Leaking product cannot be returned. You must contact technical support to discuss the situations and determine the proper solution.
Product not properly shipped as noted above is subject to refusal.
Unless otherwise indicated, freight is not quoted. Customer is responsible for all freight and associated charges including from origination point to M&M Control Service, Inc. Prices are subject to change without notice. M&M Control Service, Inc. is not responsible for costs associated with delays or pricing for any reason. M&M Control Service, Inc. may elect to refuse any order for any reason and may not be deemed liable for any inconvenience or costs associated. All quotations and discounts are based on terms of CASH. Other credit terms may result in discount reductions or convenience fees.
M&M Control Service, Inc. offers a 90 day warranty on labor and applicable manufacturer's warranty on parts, not to exceed full value of work as quoted. Free estimate provided on mechanical items. Electronic instruments are subject to an inspection fee to be waived if repaired or replaced. M&M Control Service, Inc. cannot be held liable for any damages to persons or property as a result of work performed to equipment on site or in house as safety measures and equipment are the sole responsibility of the user.
For Customer Service and/or Technical Support, dial (800) 876-0036, Monday through Friday, 7:00 a.m. to 5:00 p.m. CST. Fax number (847) 356-0747.
Please review our website at www.mmcontrol.com
Weights are not guaranteed, but are shown only for the customer's convenience.
All invoices shall be due and payable in United States Currency, free of exchange, collection, or any other charges, net 30 days, or as otherwise agreed upon and set forth in writing by M&M Control Service, Inc. (hereinafter called "Seller"). Invoices beyond 30 days will be charged a carrying charge of 1.5% per month and the account will be put on hold. Credit cards on file may be used on balance, which will incur a convenience fee. In the event of collections, purchaser is responsible for all collection/legal fees. M&M Control Service, Inc. does offer early payment discounts of 2%10 NET 30. Discounts on product only and past due payments are not eligible for discounting. Credit cards are accepted, convenience fees apply. Other fees will be applied as required for bank, service, and transfer fees. Fees may apply for export, Certificate of Conformance, Origins, or Commercial Invoices. The Purchaser, if so requested, agrees to furnish Seller with all information, including financial statements, necessary to make a proper credit appraisal. Refusal to supply such information may cause the quotation to be withdrawn. If entry of invoices is required electronically to any website, any and all costs associated with such are the responsibility of the customer. Any and all costs associated with any service, third party or otherwise, are the responsibility of the customer. Any and all costs not negotiated or specifically agreed to in writing by M&M Control Service, Inc. in relation to the facilitation of payment is the responsibility of the customer.
Discontinuances of Deliveries
Should the Purchaser's financial status or responsibility be unsatisfactory to the Seller, cash payment or satisfactory security at any time may be demanded by the Seller, and if not furnished to the Seller's satisfaction, the Seller may at its option discontinue deliveries and charge the Purchaser for the sale value of any completed or partly completed articles manufactured pursuant to the order or contract.
Rejection of Shipments
If the purchaser is unable or unwilling to accept any shipment, the purchaser shall be liable to the Seller, in addition to any other rights to which the Seller may be entitled, for freight, express, storage, extra cost of handling, and other expenses incurred thereby.
The amount of any present or future sales, use, occupancy, excise, or other taxes, federal, state, or local, which the Seller now, or hereafter shall be legally obligated to pay, either on its own behalf or on behalf of the Purchaser or otherwise, with respect to the material covered by this order or contracted, shall (unless the prices contained herein are stated expressly to include such tax) be added to such prices and paid by the Purchaser. Purchaser agrees to report and pay any such tax direct on any non-exempt transaction, in case Seller's invoices do not indicate a charge therefore.
The Seller shall not be liable for any loss, damage, or delay occasioned by any causes beyond the Seller's control, including, but not limited to governmental actions or orders, embargoes, strikes, difference with workmen, fires, floods, accidents, or transportation delays. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES.
Seller reserves the right to make partial shipments from time to time and render invoices therefore which shall be due and payable as provided in the paragraph entitled "Remittances."
The Seller warrants that the equipment manufactured by it and covered by this order is free from defects in material and workmanship and, without charge, product found to be defective in material or workmanship will be repaired, or at Seller's opinion replaced F.O.B. Destination, if written notice of failure is received by Seller within the manufacturer's product specific published warranty after date of shipment (unless specifically noted elsewhere), provided said product has been properly installed, operated in accordance with the manufacturer's instructions, and provided such defects are not due to abuse or decomposition by chemical or galvanic action. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The seller assumes no responsibility for repairs made on the Seller's equipment unless done by the Seller's authorized personnel, or by written authority from the Seller. The seller makes no guarantee with respect to material not manufactured by it.
The Purchaser's remedies with respect to equipment sold or manufactured by Seller covered by any order or contract are limited to products found to be defective and shall be limited exclusively to the right of repair or replacement of such defective equipment. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR NEGLIGENCE) FOR ANY OTHER DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO OR DO NOT CONFORM TO THE TERMS AND CONDITIONS OF THIS ORDER OR CONTRACT.
IN NO EVENT SHALL BUYER BE ENTITLED TO RECOVER ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY COMMERCIAL LOSS OR INJURY TO ANY PERSON, WHETHER OR NOT SAID DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY ANY DELAY, FAILURE, NONPERFORMANCE, OR NEGLIGENCE OF SELLER, OR THE BREACH BY SELLER OF ANY OF THE TERMS OF SALE CONTAINED HEREIN OR ANY OTHER TERMS OR CONDITIONS MADE A PART OF THE CONTRACT BETWEEN SELLER AND BUYER.
The Seller will hold the Purchaser and user harmless from infringement of any United States patent covering equipment of its manufacture. This, of necessity, is limited to the equipment per se and cannot be extended to application of such equipment by others. The Purchaser and user shall advise the Seller immediately in the event any claims of infringement are brought to their attention.
Return of Material
Equipment may not be returned for credit without Seller's written consent and agreement to pay Seller's handling and restocking charges as noted in Return Goods/Cancellation Policy Section.
This contract shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. M&M requires a signed confirmation to be on file with all customers. The signed confirmation applies to these as well as the terms on the document and supersedes any and all terms that may be on the customer's purchase order unless otherwise agreed to by order confirmation amendment.
RE: Amendment of the Safe Drinking Water Act
On January 4, 2011, an act to amend the Safe Drinking Water Act to reduce lead in drinking water was approved by the U.S. Government. This law applies 36 months from the date of the enactment or January 4, 2014 per Public Law 111-380.
This law prohibits the sale and installation of plumbing products used in a potable water application with wetted surface area containing more than a weighted average of .25% lead.
If you intend to use your pipe, pipe fitting, plumbing fitting, or fixtures in potable water applications, please be sure to specify this in your order or your request for quote, as effective January 4, 2014, potable sources cannot contain lead. M&M Control Service has made every effort to ensure compliance and cannot be held liable for orders placed without potable water application specification.
For full disclosure, see the Amendment as listed on the U.S. Government Printing Office website: