Standard Terms & Conditions

Shipment 

All shipments are made F.O.B. Seller’s shipping point unless otherwise specified.  Seller selects the carrier.  Title to products and risk of loss pass to Buyer upon delivery of the products by Seller to the carrier or delivery service.  Buyer assumes all risk of loss in shipping and all liability for loss or damages, whether direct, indirect, consequential or otherwise, due to delays once the products have been delivered to the carrier.  Buyer agrees to purchase any and all insurance it deems necessary to indemnify it against any loss in shipping.

Damaged or Lost Shipments

UPS, RPS & Prepaid Truck Shipments:  Check your order immediately upon arrival.  All damages must be noted on delivery receipt.  All shortages and damages must be called into Mascon at 800-858-5289 within 7 calendar days.  All damaged containers and merchandise must be kept for inspection.

Truck Shipment (when you select the carrier)

 Check your order immediately upon arrival.  All damages must be noted on delivery receipt.  All damages and shortages must be called into the truck you chose within 7 days.  All damaged containers and merchandise must be kept for your trucker to inspect.  At that time you will file a claim with your trucker.

Repair & Return Policy – ATW Products

Return for Credit Unused Merchandise.

Except as otherwise provided, no material will be accepted for return after 30 days from the date of shipment. To return merchandise, you must call Mascon at 800-858-5289 for a Return Authorization number.  No returns will be accepted without a Return Authorization number.  Include with your return a copy of your invoice or packing slip.  All merchandise must be returned in its original packaging.  Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise.  C.O.D. returns will not be accepted.

Seller will accept returns for credit of only unused product in original packages and in condition that could be sold as new providing the item was purchased from us no more than 30 days prior to the date of return.  Customer must provide proof of purchase within the last 30 days and method of payment (cash, check, charge.)

A ten (10) percent restocking charge will apply on return of material purchased more than 30 days prior.  The restocking charge will be waived if the return is accompanied by and order for at least one and one-half times the value of the material being returned.  Merchandise shipped C.O.D., which is returned, as “Refused” by the customer will be subject to a 10% restocking charge.  Special orders are not refundable.

OEM

Cancellation of any order, or any part thereof, shall be subject to the following terms:  The purchaser shall pay the contract price, plus any adjustment, of all goods, which have been complete.  In addition to such payment, as to any part of the order, which shall be in process, the purchaser shall pay sum equal to the same proportion of the contract price as the degree of completion of the goods in process on date cancellation is received.

All products will be inspected in conformance without regularly established inspection procedure and/or to the customers’ blueprints and specifications based on predetermined agreement.  To be valid, claims by the customer of nonconformance to specifications must be made to Mascon within 10 days of delivery of material to buyer.  No products may be returned without permission from Mascon Customer Service.  No allowances will be made for material subsequently added to our products not for labor charges.

Orders to customer’s drawings or descriptions are executed only on the understanding that the buyer will indemnify us for any loss resulting from an action for infringement of patents.  The purchaser shall pay any manufacturer’s tax or sales tax now or hereafter imposed by Governmental authority upon merchandise herein described, or the production, sale, distribution, or deliver thereof, or upon any feature of this transaction.

Delivery Dates

Delivery dates are given to the best of our knowledge based on conditions existing at time of information.  We will use our best efforts to ship within the time estimated, but failure to make shipment as scheduled does not constitute a cause for cancellation and/or for damages of any character.  The execution of this order is contingent upon strikes, fires, delays of carriers, and other delays and causes unavoidable or beyond control.

It is understood that delivery of all or any part of any order is contingent on the manufacturer’s ability to get supplies and raw materials, and is further limited to the extent that manufacturer’s ability to deliver may be affected by regulation of the U.S. government contracts.

Shipments and deliveries shall be subject to approval of our Credit Department.  We reserve the right, previous to making any shipments, to require from buyer satisfactory security for performance of buyer’s obligations.  If the buyer fails to furnish satisfactory security or information on which to base credit, and/or his account is in arrears, we may defer further shipments, or may, at our option cancel the order or any unshipped balance.  Our failure to exercise any right, accruing from any default of buyer shall not impair our rights, in case of any subsequent default of buyer.

Cancellation

(a)   Mascon shall have the absolute right to cancel this Agreement upon breach thereof by the Purchaser, failure by the Purchaser to make any payment required by this Agreement, or the involvency or bankruptcy of the Purchaser.

(b)  A purchase order or any part thereof which is hereby accepted by Mascon may not be cancelled unless and until Mascon receives written notice of the cancellation, has determined the additional charge to be made and the same has been accepted and paid by the Purchaser.  Upon receipt of a notice of cancellation, Mascon shall be entitled to take whatever action it deems necessary and advisable to minimize cancellation charges.

Changes

Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that Mascon receives written notice of the desired changes and accepts the same and provided further that the Purchaser accepts the additional charge therefore as determined by Mascon.  Changes, which interfere with or alter Mascon production schedules, will not be acceptable unless the time of performance is extended for such a period as deemed necessary by Mascon.  Failure of Mascon to accept a Purchaser’s request to change its purchase order shall not be cause for Purchaser’s cancellation of its order except upon payment of a cancellation charge to be determined by Mascon.

Warranty

Mascon warrants that each product to be delivered hereunder will conform to our specifications and be free from defects in material or workmanship.  The foregoing warranties are exclusive and in lieu of all other warranties except the warranty of title, whether written, oral or implied.  THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE GIVEN IN CONNNECTION WITH THE SALE OF ANY GOODS.  In no event shall Mascon be liable for consequential, incidental or special damages.  The buyer’s sole and exclusive remedy and the limit of Mascon’s liability for any loss whatsoever shall not exceed the purchase price paid by the purchaser for the unit or units of equipment to which a claim is made.   Mascon does not assume or authorize any person to assume for it any other liability in connection with the sale of this product.

Terms of Payment

Subject to the provisions of credit approval, terms of payment are as shown on the reverse side, hereof, and shall be effective from date of invoice.

All questions concerning the validity and operation of this Agreement and the performance of the obligations imposed on the Parities under this Agreement will be governed by the laws of the State of Massachusetts, U.S.A.

Taxes

All applicable federal, state or local sales, use, or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the front side of this document unless otherwise specifically stated.  Mascon shall have the right to invoice separately any such tax as may be imposed at a later time.  Applicable tax exemption certificates must accompany any order to which the same applies.

Interest on Past Due Accounts: Acceleration of Open Accounts  

Interest at the maximum legal rate or 1½% per month, whichever is lower (Rate), will be charged on overdue accounts and on any judgments therefore.  Upon the failure to pay this invoice in full, the due date of any other open invoices to Buyer shall be automatically accelerated, and they shall become immediately due and payable and bear interest at the Rate as of the date of acceleration.

Error

Stenographic and clerical errors and omissions in the invoice are subject to correction.