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VacMotion's Terms and Conditons


Our Terms and Conditions were last updated on 2/16/2000. Please read these terms and conditions carefully before using Our Service.

 

  1. Orders: A customer purchase order number is mandatory for all orders not completed via our website. All purchase orders must include a valid shipping address, and if applicable, must include all relevant information to satisfy current export requirements.
       i.   All orders are subject to approval by VacMotion Inc.
       ii.  All orders placed against a quote are subject to approval by VacMotion Inc.
       iii. Termination of the order in whole or in part can be made only with VacMotion Inc’s prior written consent and upon terms that will indemnify Seller against loss and afford an equitable profit.


  2. Order Acceptance: All orders are subject to acceptance by VacMotion Inc and are subject to the Sellers “Terms and Conditions of Sale”. Acknowledgment of the receipt of any order, including signing and returning to Buyer its acknowledgment copy, if any, shall not constitute acceptance by VacMotion Inc of any additional or different terms and conditions. ions.

  3. Taxes: All tax-exempt customers must furnish VacMotion Inc with a Blanket Manufacturer’s Exemption Certificate before purchases are made. Prices do not include any sales, use, excise, property, import, export or such taxes that may be levied on the transaction by local, state, federal or foreign governments. Any such taxes shall be the responsibility of Buyer. If VacMotion Inc is required to pay any such taxes, the cost shall be added to the invoice or billed to Buyer separately

  4. Prices: All prices and shipping lead times are subject to change without notice for any reason. Any such changes shall apply to all booked and/or acknowledged orders, outstanding quotations and Buyer purchase orders. All prices are F.O.B. Shipping Point to destinations within the United States. All prices are Ex Works for shipments to destinations outside the United States.

  5. Shipment: All shipments will be made via the most practical carrier unless the purchaser specifies an alternative method of shipment. Unless otherwise agreed to by VacMotion Inc, all shipments are made Ex Works (INCOTERMS 2010) Seller’s factory, including international shipments. Delivery to a common carrier or licensed trucker shall constitute tender of delivery to Buyer, title shall pass at that point and all risk of loss or damage in transit shall be borne by Buyer.

  6. Credit Approval: a. All prospective open accounts are subject to the completion of a credit check. The following information must be supplied:
       i.   One bank reference
       ii.  Three trade references
       iii. D&B number if assigned


  7. TERMS OF PAYMENT a. Terms of payment are Net 30 from date of invoice. Late charges at the interest rate (i)of 1.5% per month (18% annually) or (ii) the maximum rate permitted under applicable law, whichever is less, may be charged on past due accounts. All shipments on open account are subject to approval of Seller’s credit department.
      *Overdue accounts may be placed on credit hold at 45 days at the discretion of the VacMotion Inc
      *Accounts will be reviewed periodically for the promptness in payment. VacMotion Inc reserves the right to change the status of an open account from open to a C.O.D. or prepay basis.

  8. Invoices payable in U.S. Dollars only. Checks must be made payable to: VacMotion Inc 214 S Meadow Rd Plymouth, MA 02360

  9. All order cancellations are subject to VacMotion Inc approval.
       i.   Specials or modified designs contracted to customer specifications generally are not subject to cancellation.
       ii. 
    A 20% restocking charge may apply.

  10. Products may not be returned for credit without prior authorization and the issuance of an RMA number.
       ii. Specials or modified designs contracted to customer specifications generally are not returnable.
       ii.  All returns must be freight prepaid insured and are subject to inspection prior to issuance of credit or refund.
       iii. A minimum 15% restocking charge will be applied to all returned goods. Products must be returned within 30 days of purchase. The matching original invoice or PO must be provided.


  11. No claims for errors in shipment will be considered unless made within 10 days after receipt of goods. Claims for loss or damage in transit must be entered and prosecuted by the customer with the carrier. secuted by the customer with the carrier. prosecuted by the customer with the carrier.

  12. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY, VacMotion Inc SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING OUT OF THE PERFORMANCE, DELAYED PERFORMANCE OR BREACH OF PERFORMANCE OF THIS ORDER REGARDLESS WHETHER SUCH LIABILITY BE CLAIMED IN CONTRACT, EQUITY, TORT OR OTHERWISE. VacMotion Inc OBLIGATION IS LIMITED SOLELY TO REPAIRING OR REPLACING (AT ITS OPTION), AT ITS APPROVED REPAIR FACILITY, ANY GOODS OR PARTS WHICH PROVE TO SELLER’S SATISFACTION TO BE DEFECTIVE AS A RESULT OF DEFECTIVE MATERIALS OR WORKMANSHIP, IN ACCORDANCE WITH VacMotion Inc STATED WARRANTY. IN NO EVENT SHALL VacMotion Inc LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GAVE RISE TO SUCH LIABILITY.

  13. GENERAL INDEMNITY: Buyer agrees to hold VacMotion Inc harmless from any and all liability, and to pay all costs and attorney’s fees, for injury or damage to persons or property caused in any manner by Goods covered by the order while in possession or under the control of Buyer or Buyer’s successor in interest.

 

 

If you feel that we are not abiding by these Terms and Conditions, you should contact us immediately via telephone at (866)554-2877.