THESE CONDITIONS APPLY TO ALL QUOTATIONS, ORDERS, AND CONTRACTS BY MARITIME DIESEL ELECTRIC, INC.
STATEMENT OF INTENT.
Maritime Diesel Electric, Inc. is referred to as the “Seller” and Purchaser is referred to as the “Buyer”.
PRICES / TERMS: Stenographic, clerical, and mathematical errors are subjected to correction until the order is accepted. Quoted prices are subjected to change with proper notice from seller and in accordance to the quote validity date disclosed by the seller on all quoted items/units and for the valid duration timeframe noted on each quote.
Verbal orders are placed at the Buyer’s risk.
Seller is not bound by any additional or different terms proposed by Buyer in its contract purchase order, confirmation, or acknowledgment. Unless otherwise agreed in writing by Seller Terms inconsistent with those stated herein which may appear on buyer’s formal order will not be binding to the Sellers’ and all prior communications are not part of the contract. Prices are subjected to change if buyer changes quantities on quoted items/units/service when a purchase order is issued to seller. The offer and supply is subject to our usual reservations regarding strikes, lock-outs, change in rate of exchange, government measures, difficulties of transportation and any force majeure.
SHIPMENT: Shipping dates are approximate only and are subjected to change. Seller shall not be liable for any delay in delivery or failure to deliver, caused by labor troubles, failure of supplies from ordinary sources, fires, floods, storms, accidents, mistakes, strikes, holidays or any act of God.
SHORTAGE, DAMAGE, OR ERROS IN SHIPMENT: The Seller responsibility ceases upon delivery to carrier. Buyer shall examine shipments promptly and make proper notations of any shortage or damage on bill of landing or express receipt.
TAXES: Prices do not include sale, use excise, occupation, processing, transportation or similar taxes which Seller may be required to pay or collect with respect to any of the materials covered hereby under existing or future law. Consequently, in addition to the prices specified herein, the buyer shall pay such taxes, or buyer shall provide Seller with a tax-exempt certificate acceptable to the appropriate taxing authority.
CREDIT POLICY: All orders, shipment, and deliveries are subjected to approval of the Manufacturer’s or Seller credit department. Terms: Schedule of payments as per Tender Proposal. LATE FEE: 1.5% late fee or $50.00 (USD) will be applied to all outstanding Invoice amounts that are not paid in full after 15 Days from the specified payment terms.
Cancellation Policy: A 25% cancellation fee will apply to all non-custom orders cancelled after acceptance and prior to shipment. Orders for custom-made goods may not be cancelled after fabrication has begun. Custom orders that have been processed through Engineering will be subject to a 25% cancellation fee.
Arbitration/Venue/Choice of Law: The law governing this agreement shall be the laws of the State of Florida and any and all disputes under this agreement/warranty shall be submitted to binding arbitration under the laws and under the auspices of the American Arbitration Association (AAA). All such arbitrations shall take place in Fort Lauderdale, Florida, United States of America, unless otherwise agreed in writing.
Hold Harmless: The buyer expressly agrees to indemnity, defend and hold the seller harmless against all claims, suits, causes of action, losses, damages, liabilities and expenses, including, without limitation, arbitration costs, court costs and attorney’s fees, arising on account of or in connection with the injuries or death of any person, or damages to property including loss of use, from or in any manner connected with the sold items/units/services under this agreement but only to the extend caused in whole or in part by negligent acts or omissions of the Contractor, its employees, agents, representative, subcontractors, suppliers, servants or anyone for whose acts they may be liable.
Liability Limitation: Seller’s products/services liability is limited to the sum of Sellers compensation. To the fullest extent permitted by law and notwithstanding any agreement or provision to the contrary, the total liability of Maritime Diesel Electric, Inc. , its members, officers, employees or any of them to the client for any and all claims, losses, damages, arising out of or resulting from or in any way related to the project from any cause or causes, including but not limited to negligence or professional error or omission or breach of contract or warranty expressed or implied, shall not exceed the total compensation received by Seller.
GUARANTEE: All products, auxiliaries, and parts thereof of the Manufacturer are guaranteed by the Manufacturer’s Standard Guarantee period from date of shipment against defective workmanship and materials only. SELLER MAKES NO WARRANTY OF MERCANTABILITY OF THE GOODS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE OR OF THEIR CONFORMANCE TO BUYER’S SPECIFICATIONS. NO EVENT SHALL SELLER BE LIABLE FOR LABOR COSTS EXPENDED ON SUCH GOODS OR CONSEQUENTIAL DAMAGES. SELLER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE GOODS AND MATERIALS OR FROM OTHER CAUSE. NO OFFICER OR EMPLOYEE OF SELLER IS AUTHORIZED TO MAKE ANY ORAL REPRESENTATIONS OF WARRANTY OR MERCHANTABILITY OR FITNESS OR TO WAIVE ANY OF THE FOREGOING TERMS OF SALE, AND NONE SHALL BE BINDING ON SELLER. Buyer holds Seller harmless for any defects, malfunction in/or the like resulting in any economical damages in/or bodily injuries.
CHANGE IN DESIGN: The Seller is not responsible for any changes in/or modifications of the design or construction by the manufacturer. The Manufacturer reserves the right to change or modify the design and construction of any product of their manufacture and is not responsible for the data contained in their catalog which may have become obsolete by improvements.