Here at The Macomb Group, Inc. ("The Macomb Group"), customer service and your satisfaction are our first priority. We commit to using quality products at consistently competitive pricing with on time, every time deliveries to guarantee "Customer Satisfaction." We appreciate your business and in order to deliver on our commitment to Customer Satisfaction, we need to detail the important terms governing your purchase of products from us (the "Terms of Sale").
These Terms of Sale, combined with a completed Quote (together, the "Agreement"), establish the entire contract between The Macomb Group and you, the potential customer ordering products ("Customer") for delivery specified in the quote from your checkout (the "Quote") at www.macombgroup.com (the "Site"). Once an Agreement is accepted, it becomes an "Order". These terms are a binding agreement between The Macomb Group and Customer for purchase of the products listed in the Quote (the "Products").
Customer will not use any of The Macomb Group's registered marks in connection with the Products purchased from The Macomb Group.
The Customer accepts the terms of the Agreement by taking any of the following actions:
In the event terms of a Quote are not immediately accepted, the prices contained in that Quote may update to reflect the latest available amounts for each Product, which may be greater than or less than the prices initially presented to the Customer.
Any provisions contained in any of Customer-maintained purchase order, terms and conditions rider or similar document are expressly rejected by The Macomb Group and are not part of the Agreement.
Payment must be made when the Customer checks out at the Site or the Customer must agree to make payment according to the credit extended to Customer by The Macomb Group, which is subject to ongoing review by The Macomb Group. The Macomb Group may, in its sole discretion, deem Customer's credit to be unsatisfactory and may require different payment terms on a case-by-case basis. Such varied payment terms may include payment in full before shipment of the Products. The Macomb Group has the right to apply any payment received to open charges on the Customer's account and all payments due and owing by Customer to The Macomb Group bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Customer has no right to setoff any amounts due to it from invoices related to this or any other Agreement between the parties.
If a Customer requires a change to an accepted Order, Customer will contact The Macomb Group by calling 888.756.4110 or emailing [email protected] with details of the changes (a "Change Order"). Change Order requests (including a request for "Rush" delivery), will be accepted by The Macomb Group in its sole discretion and no Change Order is effective until accepted by The Macomb Group. Payment of fees for Change Orders is due upon acceptance of the Change Order by Customer.
Prices stated are F.O.B. origin, freight prepaid to destination specified in the order. The Macomb Group charges a shipping and handling fee on each order which is applied at time of order and reflected on the Quote. Please be aware that other terms and conditions may apply for other than standard ground delivery, including without limitation, expedited delivery, tariffs, export orders, hazardous materials, or other terms that relate to special handling by the carrier. Any charges incurred related to shipment of Products, even if not specified in the Quote, will be the responsibility of Customer.
The Macomb Group shall not be in breach of the Agreement for delay in delivery resulting from the conduct of a third party, including its suppliers or shippers.
When reporting a damaged Product, the Customer should include the Customer's name and contact information, the Order number, the specific Product that the Customer believes is damaged, proof of the defect (photograph or otherwise), and a reasonably descriptive statement of the damage.
In the event the damage substantially and materially impairs the use of the Product, The Macomb Group may, in its sole discretion, provide shipping information that will allow the Customer to return the Products and:
These remedies are Customer's sole and exclusive remedies in the event of the delivery of Products that are damaged through no fault of the carrier.
Products may only be returned with the approval of The Macomb Group. Special orders and non stock items are subject to manufacturer's approval, terms & conditions and may be subject to restocking or freight fees. Any material returned to The Macomb Group must be in resellable condition and may be subject to a minimum twenty percent restocking fee.
The sole warranty provided to Customer is the manufacturer's warranty for the Products, if one is provided by the manufacturer. The Macomb Group does not separately or independently provide any warranty of any kind on any of the Products and The Macomb Group is not responsible for any action taken by Customer that may void or otherwise invalidate the manufacturer's warranty.
In the event Customer has a warranty claim, Customer shall submit any warranty claim directly to the manufacturer. Customer may also notify The Macomb Group in writing by sending a notice to [email protected].
In the event The Macomb Group becomes aware of a recall or other Product warranty-related claim, The Macomb Group may contact Customer and provide details to them regarding the recall or warranty issue.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY THE MACOMB GROUP AND WAIVED BY CUSTOMER.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS, SHALL THE MACOMB GROUP BE LIABLE FOR:
ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION. THE TERM "CONSEQUENTIAL DAMAGES" SHALL INCLUDE, BUT NOT BE LIMITED TO, LOST PROFITS, LOSS OF USE, LOST REVENUE, AND COST OF CAPITAL. THE ABOVE LIMITATIONS ON LIABILITY IS A MATERIAL PROVISION OF THE AGREEMENT.
The Agreement, including any other terms or agreements related to the Products, contains information that relates to The Macomb Group's operations and is protected from unauthorized use and disclosure, including Customer's disclosure to any other party. Customer agrees to maintain all terms of the Agreement in confidence and not to disclose any terms or other information related to the sale of Products to any other entity or unauthorized person without the written permission of The Macomb Group.
Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party's reasonable control.
The Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof. Both the Convention on Contracts for the International Sale of Goods and the terms of the Uniform Commercial Code, as adopted in any jurisdiction, are expressly excluded. Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives, to the fullest extent it may effectively do so, trial by jury and the defense of an inconvenient forum to the maintenance of such action or proceeding.