MHI Inc. USAORDER PROCESSING: Order processing will start on the first available business day, whenever possible. MHI Store orders are acknowledged and processed from 8 am to 5 pm Eastern Standard Time. Any orders placed will be promptly attended to on working. Orders may be placed (saved) 24 hours a day, 7 days a week, and on any day, including weekends and holidays. Shipment dates are only approximate and depend on the type of product and inventory; they can vary from a few days to a few weeks. If it is going to take longer than that, we will advise you.
MHI Store TERMS AND CONDITIONS OF SALE APPLY. Shipping conditions may vary from those selected for a variety of reasons, including weather, availability, and inadequate initial estimate/charge. Any price increase in shipping amounts shown and paid during the order process is to the buyer’s account. MHI reserves the right to ship in the best mode that it considers appropriate, regardless of the chosen method during the order. Sometimes, the options selected with an item may not have been captured in the shipping amount during checkout. This will be corrected during shipping by either choosing a different shipping method by MHI and/or charging for the increase in cost. Shipping conditions may vary from those selected for a variety of reasons, including weather, availability, and inadequate initial estimate/charge.
ACCEPTANCE: Any purchase order placed with MHI Store, herein referred to as MHI Store, shall not be binding on MHI Store until accepted in writing by an authorized employee of MHI Store. Upon acceptance by MHI Store, each purchase order will be subject to and be deemed to include these conditions of sale in addition to any other terms & conditions stated on the MHI Store quotation, proforma invoice, and/or MHI Store invoice. Failure by MHI Store to object to provisions contained in any purchase order or in any related communication from the purchaser shall not be construed as a waiver of MHI Store’s Terms & Conditions of Sale nor an acceptance of such provisions from the purchaser.
BREAKAGE OR DAMAGE: According to the Contract Terms and Conditions of the Carrier, the responsibility of the Shipper ends at the Time and Place of Shipment with the carrier. The Carrier then assumes full responsibility for the Shipment. Inspect shipment upon receipt in the presence of your local agent/carrier and notify them of any damage and/or insurance claim information immediately. Hold damaged goods in their original containers and packing for inspection by appropriate authorities. After the proper authorities have examined and informed you of filing a claims procedure, please contact MHI Store. A certified copy of our invoice will be available upon request. If the shipment was prepaid, write for the receipted transportation bill. Advise us regarding your wish for a replacement. In any event, it is the customer’s responsibility to ensure prompt payment per invoice terms. All taxes, duties, and fees are the responsibility of the buyer.
CANCELLATION: All orders placed on MHI Store are non-cancelable unless otherwise agreed to prior to placement of order. In such cases where prior agreement exists, only upon written notice by MHI Store shall the cancellation charges be at least 30% of the purchase price of the goods covered by the canceled order(s). In the case of canceled orders for custom products where processing has started, MHI Store shall charge the full invoice price for the product whether or not the completed product is delivered. Such payment is due immediately upon receipt of the invoice. No changes to the order are possible once placed unless accepted in writing by the MHI Store.
BUYER’S TERMS: Buyers (purchasers) often provide terms and conditions of purchase beyond the agreed price, payment terms, and delivery dates. These are automatically refused, and all provisions not in conformity with MHI Store Terms & Conditions of Sale (this document) are automatically objected to. In particular, no insurance or other MHI Store company and/ or technical papers will be provided to the buyer or their representatives unless specifically agreed to in writing by MHI Store or explicitly stated in the quotation. The acceptance of MHI Store Terms & Conditions of Sale supersedes all other conditions imposed by the buyer (purchaser). No action by MHI Store or any of its employees shall be construed as acceptance of the buyer’s terms beyond price, payment terms, MHI Store’s terms and conditions of sale, and the agreed approximate delivery date (see below). Buyer may not withhold any taxes not disclosed to MHI Store and accepted by MHI Store in writing in the buyer’s written Purchase Order. MHI Store product sales, unless mutually agreed to in writing and specifically accepted by MHI Store, are not guaranteed for any buyer process. Buyers may not use process-based acceptance tests to accept or reject a product. Any buyer terms that specify any process-based acceptance tests are automatically declined.
CREDIT TERMS: All new accounts (including credit card purchases) must be approved by the MHI Store Accounting Department. MHI Store may extend credit to customers in good standing. MHI Store reserves the right to make the final decision regarding the extension of credit. No credit is available for custom or breakable items. Unless otherwise specified in writing by MHI Store, payment will be charged and processed before an order can be accepted. Please note that, unlike retail, the items sold by MHI mostly fall into custom industrial or research use. These have to to be prepaid. . A monthly finance charge of 1.5% will be added to the balance over 30 days. Buyer shall reimburse MHI Store for any expense incurred while collecting delinquent accounts receivable. All orders require prepayment (typically with a bank draft or credit card) or a letter of credit. Title and ownership of goods delivered/ manufactured will remain with MHI Store unless payment is made in full. Any collection charges incurred are the responsibility of the customer. All MHI orders are non-cancellable.
DELIVERY TIMES: Order processing will start on the first available business day after payment and could generally take 4-8 weeks for delivery. Please allow up to 4-6 weeks prior to any reminder. Wherever an exact stock is available, shipping is typically about one to two weeks time frame depending on the availability of packaging materials and other backorders. MHI Store orders are acknowledged and processed from 8 am to 5 pm Eastern Standard Time. Any orders placed will be attended to on working days at that time. Orders may be placed (saved) 24 hours a day 7 days a week and on any day, including weekends and holidays. Shipping dates are approximate. Delivery or ship date is when it is on MHI docks. MHI Store will make the best effort to ship by the agreed date. MHI Store shall not be liable for delay in delivery or failure to manufacture due to causes beyond its reasonable control, nor shall MHI Store be required to allocate production and deliveries between customers in this event. The MHI Store reserves the right to make partial shipments unless other instructions are given.
EXPORT CONTROL LAWS: The MHI Store is not responsible and makes no warranty that the sale or use is in compliance with US Export Control Laws if any item is re-sold or used outside the USA. This is the responsibility of the buyer, reseller/exporter, and/ or shipper.
INSURANCE: MHI Store’s policy is to insure all outgoing shipments unless otherwise instructed in writing. It is the buyer’s responsibility to ensure that adequate insurance has been chosen and paid for if MHI, a third party, or the buyer does the insuring.
PATENTS: Purchaser shall hold MHI Store harmless against any expense or loss for infringement of patents or trademarks arising from compliance with Purchaser’s designs, specifications, or instructions in the manufacture of the products. MHI Store shall not be liable for any use made by the Purchaser of the product furnished to the Purchaser, which is covered by an adversely held patent. IT IS THE USER’S RESPONSIBILITY TO BE PATENT COMPLIANT. THE SALE OF ANY MHI Store PRODUCT DOES NOT CONFER ANY PATENT TRANSFER RIGHTS FROM THE MHI Store TO THE PURCHASER/USER.
RETURNS: Goods sold, unless otherwise approved by MHI in its sole discretion, cannot be returned. MHI Store is not responsible for incorrect information provided by customers. Heating element sales are final, and no return/ refund is possible. Return Merchandise Authorization (RMA) must be requested before any return is made. (An RMA may be requested only after payment in full has been made). The issuance of an RMA does not imply that MHI Store is accepting a permanent return or that a refund will be made. Furnaces and other heating devices, which, if accepted for restocking (and only with written approval solely at MHI’s discretion) and only if received in satisfactory condition, are subject to a minimum 50% restocking charge plus the full price of heating elements and other consumables. If all returns are allowed, all returns must be made in original or comparable adequate packaging and be received at the MHI Store in good condition.
TAXES: MHI Store prices do not include sales, use, duties, fees, VAT taxes or fees of any kind, customs duties, excise, or similar taxes.. Thus, in addition to the price specified herein, any present or future sales, use, excise, duties, fees, or similar taxes applicable to the products sold hereunder shall be added to the price and paid by the Purchaser, whether or not shown on checkout. The foregoing shall not apply to any US sales taxes upon presentation of valid tax exemption certificates. It is always the user/buyer’s responsibility to clear customs and pay all duties, taxes, and fees as may be applicable. These are never included even when the item is shipped by MHI unless explicitly agreed to in advance by a written instrument. Even when shipping is included in the purchase price, all duties, fees, and taxes of any kind are the additional responsibility of the user/buyer. MHI shipments are considered Ex. Works, MHI docks for all purposes regardless of whether MHI enables shipper and/or shipping.
WARRANTY & LIMITATION OF LIABILITY: MHI Store offers no warranty unless directly expressed and applicable to any MHI Store product. Heating elements, heat devices, panels, and consumables are not under any warranty. MHI Store’s liability under any warranty shall not exceed the cost of correcting any defects in the replacement of the products delivered. In no event shall the liability of MHI Store exceed the price of the product. The Purchaser assumes all risk and liability for the results obtained by the use of any MHI Store product in combination with other articles or materials or in the practice of any process. MHI Store is in no way responsible for failure or damage resulting from designs and specifications provided and/ or accepted by the purchaser for any order, including all custom orders. Use of MHI Store high-temperature products, either directly or indirectly, constitutes the purchaser’s acceptance of the potential hazards involved in such use, including related high currents and high temperatures. Users must test and check purchased products within 30 days of shipment from shipment and inform MHI immediately of any defects. Failing this 30-day period, MHI has no further responsibility, and all forms of warranty are immediately void.
NO LIABILITY: Purchaser certifies that he/she is fully insured in every respect for use/rent/lease of MHI Store products. If requested by MHI Store, the purchaser agrees to submit a copy of the insurance, which, at the minimum, must be at least for US$1 Million liability coverage.
Further
- MHI Store assumes no liability, consequential or otherwise, for, and the Purchaser agrees to hold MHI Store harmless against, infringement of patent claims covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products may be used and any trademark infringements involving any marking or branding not applied by MHI Store, or involving any marking or branding applied at the request of the Purchaser.
- In addition, MHI Store assumes no liability, consequential or otherwise, for and Purchaser agrees to indemnify and hold MHI Store harmless against any claims resulting from the production of articles or materials to specifications supplied to MHI Store by Purchaser or his customer or from the production of articles or materials designed by MHI Store to meet the requirements of Purchaser or his customer, or arising out of the use of any equipment, materials, parts, or machinery furnished by Purchaser or his customer in producing articles, materials, parts, or equipment to such specifications. No costs or expenses under this paragraph shall, in any event, be incurred for the account of MHI Store without its prior written consent.
- MHI Store’s sale of Products does not convey any license, expressly or by implication, estoppel, or otherwise, under any patent claim with respect to which MHI Store can grant licenses covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products are used as components (notwithstanding the fact that such Products may have been designed for use in, or may only be useful in, such patented equipment, assembly, circuit, combination, method, or process, and that such Products may have been purchased and sold for such use).
- MHI Store’s sale of Products does not convey any trademark license, express or by implication, estoppel or otherwise. MHI Store may, from time to time, permit DISTRIBUTOR to use MHI Store’s trademarks in promotions and advertising of Products that DISTRIBUTOR has purchased from MHI Store. Such permission is only for the purpose of promoting the resale of MHI Store’s Products and shall not be construed as a trademark license.
Jurisdiction for all disputes is Hamilton County, Cincinnati, Ohio, USA 45215 or any other place of MHI Store choice, and the purchaser agrees to the jurisdiction. Most often, this will be the plant closest to the buyer that can service the order. MHI Store may elect to ship items from its chosen manufacturing plant anywhere in the world- the jurisdiction then either remains Hamilton County or the point of origin of the goods or any other jurisdiction of MHI Store’s choice, and MHI Store will be the sole decider of the Jurisdiction. No UCC claim is applicable on MHI Store products/orders as, by nature, there is a spread of properties in all brittle materials. Variation and deviations from specifications are allowed. Whenever the purchaser has indicated a critical requirement, it must be acknowledged and agreed upon explicitly in writing by MHI Store for that requirement to be a part of the purchase order. Custom and/or prototype and/or development products are experimental in nature and may perform differently than intended, in which case MHI Store intends to work with the purchaser for necessary modifications, if at all feasible. The purchase is of an “as is where is” nature.
Inspection & Delivery Schedule of Custom or Systems Orders: Within the quoted period of manufacture from receipt and acceptance of technically & commercially clear purchase order confirming fully to our proposal and other written correspondences, the equipment may be made available for cold inspection at our manufacturing facility at Cincinnati, Ohio or other site determined solely by MHI Store. In the case of advance not accompanying the order, the receipt of full payment will re-determine the inspection date. In case of multiple payments, if subsequent payments are delayed, the inspection & delivery schedule will be revised and indicated. If payments are delayed, MHI Store has the full right to request complete payment before the supply of the item, even if an advance has been paid. *Inspection and delivery schedules may change due to factors beyond our control.
Installation: Only where applicable and agreed in writing, with payment for the process, is installation applicable to the order. Installation and commissioning will commence after the complete receipt of all inspection and supply payments. The user/buyer/customer is responsible for ensuring that the device and its components are fully insured during transport from our works, during unloading, unpacking, storage, internal movements, erection, commissioning, and trials at the customer’s site. Installation by MHI Store staff is not possible on items that have received shipment damage. It is the buyer’s responsibility to acquire non-damaged parts prior to installation.
Photos/ Sketches/ Scan Images, Etc.: Any sketches, catalogs, drawings, photos, scanned images, etc., submitted with the proposal are purely for conceptual purposes & cannot be held binding for execution.
Equipment Inspection & Acceptance: Equipment can be made available for cold inspection at one of our manufacturing facilities for large and custom orders. Alternatively, pictures of the equipment can be e-mailed to the customer prior to shipment. A charge for inspection may apply. If hot inspection is required, a charge will apply.
Specifications Change: In case any specifications are changed or our scope of work is augmented after the issue of an order, additional costs and time will be applicable. Often, buyers request changes during the cold or full inspection process. These changes may or may not be possible at such a late stage of manufacturing, and if they are, MHI Store will make such changes after a charge is quoted to the buyer and the buyer has paid in full.
Amendment of Terms: The preceding Terms and Conditions of Sale are subject to withdrawal or change by MHI Store at any time by amendment or issuance of new terms and conditions. Until modified or withdrawn, these terms and conditions herein will govern all sales from MHI Store to Purchaser unless an authorized representative of MHI Store specifically changes such terms in writing.
If any of the terms above are held invalid by a competent court, all the other terms will continue to apply.
Additional Terms: Specific also to purchase through the website.
TERMS & CONDITIONS OF SALE. MHI is owned and operated by MHI, which is registered in Ohio, USA.
Graphics: The graphics (pictures), especially of containers shown on the site (www.MHI Store .com), are meant only to be illustrative. MHI Store reserves the right to substitute equivalent items solely at the discretion of MHI Store without limitation of any kind.
You, the buyer, and anyone you represent as the buyer is made aware that a session agent may have been designated with this purchase. In addition, other agents may be involved in the transaction who may make a commission from the sale. If you would like a session agent not to be involved, it is your responsibility to receive this information by the MHI Store before your order.
This agreement is governed by the laws in force in the State of Ohio, and you agree to this jurisdiction. See below also.
MHI Store reserves the right to change its prices, policies, and Services or to modify this Agreement by posting a notice on the Site or by providing you with an email notice. You shall be responsible for reviewing and becoming familiar with any changes.
RESTRICTIONS. You will only use the Services for lawful purposes, in compliance with any policies MHI Store may establish from time to time in its discretion, and all applicable laws, including, without limitation, copyright, trademark, obscenity, privacy, and defamation laws. You agree not to send inaccurate information through the Services, use the Services for malicious purposes, or attempt to hide your identity or represent yourself as someone else. Unlawful activities may include (without limitation) storing, distributing, or transmitting any unlawful material through the use of the Services or attempting to compromise the security of any networked account or site. To comply with applicable laws and lawful government requests, to operate its Services properly, or to protect itself or its users, MHI Store reserves the right to access and disclose any text, information, graphics, photographs, video, sound, files, and other content provided to or by You, or accessed by You through the Services. This may also include disclosing users’ names and other registration and identification information. MHI Store reserves the right in its sole discretion, but shall not be obligated, to monitor and remove any content provided by you through the Services. You agree to indemnify and hold MHI Store (MHI Store .com), its parents, subsidiaries, affiliates, officers, employees and Syndication Partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, use of Your Account by any third party, the violation of this Agreement by You, or the infringement by You, or any third party using Your Account, of any intellectual property or other right of any person or entity. EQUIPMENT; SECURITY. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will also be responsible for maintaining the security of Your Account, passwords, and files and for all uses of Your Account, with or without your knowledge or consent. Neither MHI Store nor any of its Agents nor Partners is/are liable for any loss that you might suffer through another’s use of Your Account. Although MHI Store has tried to maintain accuracy in this site’s technical and business sections, there is no guarantee that the information is completely correct or up to date. Please contact the MHI Store for the latest information.
AS IS WHERE IS: MHI Store trusts in a high level of ethics. Your purchase is “as is where is” in nature. Further
- MHI Store assumes no liability, consequential or otherwise, for, and the Purchaser agrees to hold MHI Store harmless against, infringement of patent claims covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products may be used and any trademark infringements involving any marking or branding not applied by MHI Store, or involving any marking or branding applied at the request of the Purchaser.
- In addition, MHI Store assumes no liability, consequential or otherwise, for and Purchaser agrees to indemnify and hold MHI Store harmless against any claims resulting from the production of articles or materials to specifications supplied to MHI Store by Purchaser or his customer or from the production of articles or materials designed by MHI Store to meet the requirements of Purchaser or his customer, or arising out of the use of any equipment, materials, parts, or machinery furnished by Purchaser or his customer in producing articles, materials, parts, or equipment to such specifications. No costs or expenses under this paragraph shall, in any event, be incurred for the account of MHI Store without its prior written consent.
- MHI Store ’s sale of Products does not convey any license, expressly or by implication, estoppel, or otherwise, under any patent claim with respect to which MHI Store can grant licenses covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products are used as components (notwithstanding the fact that such Products may have been designed for use in, or may only be useful in, such patented equipment, assembly, circuit, combination, method, or process, and that such Products may have been purchased and sold for such use).
- MHI Store’s sale of Products does not convey any trademark license, express or by implication, estoppel or otherwise. MHI Store may, from time to time, permit DISTRIBUTOR to use MHI Store’s trademarks in promotions and advertising of Products that DISTRIBUTOR has purchased from MHI Store. Such permission is only for the purpose of promoting the resale of MHI Store’s Products and shall not be construed as a trademark license.
The buyer’s responsible for finding and posting or downloading and posting the MSDS (Material Safety Data Sheets) wherever MHI Store products are used. Whenever in doubt, please stop use immediately and contact the MHI Store.
Product Disclaimer:
All properties shown in product descriptions on this site are only approximate and may change from batch to batch. If a specific property is critical for your application, please contact MHI Store for details on the guarantee for that property for your product/application. All dimensions are approximate only. It is commonly understood that materials, especially ceramics, have a wide spread of properties and could display low life.
All properties and dimensions shown above are only approximate and may change from batch to batch. If a specific property is critical for your application, please contact Mattech for details on the possible guarantee bounds for that property. Mattech Corporation encourages safe handling practices for all its products. Proper eyewear, gloves, and masks are highly recommended, and it may be unsafe not to use them when handling products.
General Terms and Conditions of Sale for non-web purchases.
750 Redna Terrace Cincinnati, Ohio 45215 USA
TEL: 513.772.0404 FAX 513.672.3333
e-mail: [email protected] www.mhi-inc.com
ACCEPTANCE:
Any purchase order placed with Micropyretics Heaters International, Inc., herein referred to as MHI, shall not be binding upon MHI until accepted in writing by an authorized employee of MHI. Upon acceptance by MHI, each purchase order will be subject to and be deemed to include these Terms and Conditions of Sale in addition to any other terms & conditions stated on the MHI quotation, proforma invoice, and/or MHI invoice. Failure by MHI to object to provisions contained in any purchase order or in any related communication from the Buyer shall not be construed as a waiver of MHI’s Terms and Conditions of Sale nor an acceptance of such provisions from the Buyer.
BREAKAGE OR DAMAGE:
According to the Contract Terms and Conditions of the Carrier, the responsibility of MHI ends at the Time and Place of Shipment at the MHI dock. The Carrier then assumes full responsibility of the Shipment. Buyer is to inspect shipment upon receipt in the presence of your local agent/carrier and notify them of any damage and/or insurance claim information immediately. Hold damaged goods with original container and packing for inspection by appropriate authorities. After the proper authorities have examined and informed you of filing a claims procedure, please contact MHI. A certified copy of our invoice will be available upon request. If the shipment was prepaid, write for receipted transportation bill. Advise MHI regarding your wish for replacement. In any event it is the responsibility of the Buyer to ensure prompt payment per invoice terms.
CANCELLATION:
All orders placed on MHI are non-cancelable unless otherwise agreed to, prior to placement of order. In such cases where prior agreement exists, only upon written notice to MHI, the cancellation charges shall be at least 30% of the purchase price of the goods covered (50% for custom furnaces) by the cancelled order(s). In the case of cancelled orders for custom products where processing has started, MHI shall charge the full invoice price for the product whether or not the completed product is delivered. Such payment is due immediately upon receipt of the invoice. No changes to the order are possible once placed unless accepted in writing by MHI.
BUYER’S TERMS:
Buyers often provide terms and conditions of purchase beyond the agreed to price, payment terms and delivery dates. These are automatically refused and all provisions not in conformity with MHI Terms & Conditions of Sale (this document) are automatically objected to. No insurance or other MHI company and/or technical papers will be provided to the Buyer or their representatives unless specifically agreed to in writing by MHI or explicitly stated in the quotation. The acceptance of MHI Terms & Conditions of Sale supersedes all other conditions imposed by the Buyer, unless specifically accepted by MHI in Buyer’s Purchase Order. No action by MHI or any of its employees shall be construed as acceptance of Buyer’s terms beyond price, payment terms, MHI’s terms and conditions of sale and the agreed to approximate delivery date (see below). Buyer may not withhold any taxes not disclosed to MHI and accepted by MHI in writing in the Buyers written Purchase Order. MHI product sales, unless mutually agreed to in writing and specifically accepted by MHI, are not guaranteed for any Buyer process. Process-based acceptance tests may not be used by Buyer for acceptance or rejection of a product. Any Buyer terms which specify any process-based acceptance tests are automatically declined.
CREDIT TERMS:
All new accounts (including credit card purchases) must be approved by MHI Accounting Department. New Buyer Accounts (include accounts with no activity for 18 months) require prepayment. Please refer to the quote for all other orders. All Sole Source, Element, Custom and online store orders require prepayment to begin production. All Items with discount pricing require Prepayment.
MHI may extend credit to Buyers in good standing. MHI reserves the right to make the final decision regarding the extension of credit. All non-USA orders require prepayment. Title and ownership of goods delivered/manufactured will remain with MHI unless payment is made in full. Any collection charges incurred are a responsibility of the Buyer.
DELIVERY TIMES:
Shipping dates are approximate. MHI will make the best effort to ship by the agreed to date. MHI shall not be liable for delay in delivery or failure to manufacture due to causes beyond its reasonable control, nor shall MHI be required to allocate production and deliveries between Buyers in this event. MHI reserves the right to make partial shipments unless other instructions are given.
OWNERSHIP:
Title to the equipment supplied to Buyer hereunder will pass to Buyer upon payment.
All drawings, specifications, dies, and tools required to produce articles quoted shall remain the property of MHI. Preparation charges, setup charges, tooling charges, or charges for dies and tools represent only a portion of the cost, and payment of any such charges does not give the Buyer any right, title or interest in such dies, tools, drawings, concepts, or other work product.
EXPORT CONTROL LAWS:
MHI is not responsible or makes no warranty that the sale or use is in compliance with US Export Control Laws if any item is re-sold or used outside USA. This is the responsibility of reseller/exporter and/or shipper.
750 Redna Terrace Cincinnati, Ohio 45215 USA TEL: 513.772.0404 FAX 513.672.3333
e-mail: [email protected] www.mhi-inc.com
INSURANCE:
MHI’s policy is not to insure all outgoing shipments unless otherwise instructed in writing. It is the Buyer’s responsibility to ensure that adequate insurance has been chosen and paid for, regardless of whether MHI, a third party or the Buyer does the insuring.
PATENTS:
Buyer shall hold MHI harmless against any expense or loss for infringement of patents, or trademarks arising from compliance with Buyer’s designs, specifications, or instructions in the manufacture of the products. MHI shall not be liable for any use made by Buyer, of the product furnished to the Buyer, which is covered by an adversely held patent.
RETURNS:
Goods sold, unless otherwise approved, cannot be returned. MHI is not responsible for incorrect information provided by Buyer. Heating element sales are final, and no return/refund is possible. A Return Merchandize Authorization (RMA) must be requested before a product is sent back for evaluation or returned. An RMA may be requested only after payment in full has been made. The issuance of an RMA does not imply that MHI is accepting a permanent return or that a refund will be made. Furnaces and other heating devices which are accepted for restocking and received in satisfactory condition are subject to a minimum 30% restocking charge plus the full price of heating elements and other consumables. If returns are allowed, all returns must be made in original or comparable adequate packaging and be received at MHI in good condition.
DUTIES & TAXES:
All MHI shipments are FOB, MHI docks. All duties and taxes are the responsibility of the Buyer.
TAXES:
MHI prices do not include sales, use, excise, duties, or similar taxes. Thus, in addition to the price specified herein, any present or future sales, use, excise, or similar taxes applicable to the products sold hereunder shall be added to the price and paid by the Buyer. The foregoing shall not apply to any taxes upon presentation of valid tax exemption certificates.
WARRANTY & LIMITATION OF LIABILITY:
MHI warrants that for a period of one (1) year, from the date of shipment, the equipment and components manufactured by MHI will remain free from defects in material and workmanship under conditions of normal usage and with appropriate maintenance. Heating elements, panels and consumables are not under any warranty. MHI’s liability under any warranty shall not exceed the cost of correcting any defects in or replacement of the products delivered. In no event shall the liability of MHI exceed the price of the product. The Buyer assumes all risk and liability for the results obtained using any MHI product in combination with other articles or materials or in the practice of any process. MHI is in no way responsible for failure or damage resulting from designs and specification provided and/or accepted by the Buyer for any order, including all custom orders. Use of MHI hot temperature products either directly or indirectly, constitutes the Buyer’s acceptance of the potential hazards involved in such use including related high currents and hot temperatures. Buyer certifies that he/she/it is fully insured in every respect for use/rent/lease of MHI products. If requested by MHI, Buyer agrees to submit a copy of the insurance which at the minimum must be at least for US$1 Million liability coverage. MHI CUMULATIVE LIABILITY ARISING OUT OF OR IN ANY MANNER RELATED TO THIS CONTRACT SHALL NOT EXCEED IN THE AGGREGATE THE CONTRACT PRICE, AND BUYER HEREBY RELEASES MHI FROM ANY EXCESS LIABILITY; AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MHI SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIABILITY FOR LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE, LOSS OF PRODUCT OR OUTPUT, OR BUSINESS INTERRUPTION. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY HOWEVER THEY ARISE, WHETHER IN CONTRACT, TORT, STATUTE, EQUITY OR OTHER THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, THE BREACH OF ANY LEGAL DUTY OR THE FAULT, NEGLIGENCE OR STRICT LIABILITY OF EITHER PARTY). FURTHERMORE, THERE IS SPECIFICALLY EXCLUDED ANY IMPLIED WARRRANTY FOR FITNESS OF PURPOSE.
FURTHER LIMITATION OF LIABILITY:
(a) MHI assumes no liability, consequential or otherwise, for, and the Buyer agrees to hold MHI harmless against, infringement of patent claims covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products may be used and any trademark infringements involving any marking or branding not applied by MHI, or involving any marking or branding applied at the request of the Buyer.
(b) In addition, MHI assumes no liability, consequential or otherwise, for and Buyer agrees to indemnify and hold MHI harmless against, any claims resulting from the production of articles or materials to specifications supplied to MHI by Buyer, or from the production of articles or materials designed by MHI to meet the requirements of Buyer, or arising out of the use of any equipment, materials, parts, or machinery furnished by Buyer in producing articles, materials, parts, or equipment to such specifications. No costs or expenses under this paragraph shall in any event be incurred for the account of MHI without its prior written consent.
(c) MHI’s sale of Products does not convey any license, expressly or by implication, estoppel, or otherwise, under any patent claim with respect to which MHI can grant licenses covering completed equipment, or any assembly, circuit, combination, method, or process in which any such Products are used as components (notwithstanding the fact that such Products may have been designed for use in, or may only be useful in, such patented equipment, assembly, circuit, combination, method, or process, and that such Products may have been purchased and sold for such use).
(d) MHI’s sale of Products does not convey any trademark license, express or by implication, estoppel, or otherwise. MHI may, from time to time, permit a distributor to use MHI’s trademarks in promotions and advertising of Products that a distributor has purchased from MHI. Such permission is only for the purpose of promoting the resale of MHI’s Products and shall not be construed as a trademark license.
(e) Wherever Buyer has indicated a critical requirement, it must be so acknowledged and agreed explicitly in writing by MHI for that requirement to be a part of the purchase order. Custom and/or prototype and/or development products are experimental in nature and
750 Redna Terrace Cincinnati, Ohio 45215 USA TEL: 513.772.0404 FAX 513.672.3333
e-mail: [email protected] www.mhi-inc.com
may perform differently than intended in which case MHI intends to collaborate with Buyer for necessary modifications, if at all feasible. The purchase is of a “as is, where is” nature.
JURISDICTION:
The sole jurisdiction for any legal matters shall be the Federal or State courts in Hamilton County, Ohio. The governing law shall be that of the State of Ohio.
INSPECTION & DELIVERY SCHEDULE:
Within the quoted period of manufacture from receipt and acceptance of technically and commercially clear purchase order confirming fully to our proposal and other written correspondences, the equipment may be made available for cold inspection at our manufacturing facility at Cincinnati, Ohio or another site determined solely by MHI. Alternatively, pictures of the equipment can be e-mailed to the Buyer prior to shipment. A charge for inspection may apply. If hot inspection is required and agreed to by MHI, a charge will apply. Hot inspections also will require Buyer to sign off that the elements seen and used during the hot inspection may be more brittle during shipping and subsequent installation because of the hot inspection. Where applicable, hot inspection may require Buyer to purchase an extra set of elements or an extra device with the original order.
COMPLIANCE & INSPECTION:
Unless specified otherwise in this contract, MHI has not made any attempt to comply with local codes in the area where the item is to be used. This contract will be subject to revision in the event the specification of the equipment or components must be revised to comply with applicable national, state, or local laws, codes or ordinances or project specifications. Supplementary charges may apply to cover the additional work necessary to ensure such compliance. Any costs associated with inspections performed by Buyer or agents or representatives of the Buyer, regardless of results, shall be at the expense of the Buyer.
In the case of advance payment not accompanying the order, the receipt of full payment will redetermine the inspection date. In case of multiple payments, if subsequent payments are delayed, the inspection and delivery schedule will be revised, and such revised date provided to Buyer. In the event payments are delayed, MHI has the full right to request complete payment prior to supply of item(s) even if an advance payment has been paid. Inspection and delivery schedules may change due to factors beyond our control.
INSTALLATION:
Only where applicable and agreed in writing, with payment for the process, is installation applicable to any order. Installation will commence after complete receipt of all products, inspection, and supply payments. It is the Buyer’s responsibility to ensure the equipment and its components are fully insured during transport from our works, during unloading, unpacking, storage, internal movements, erection, commissioning, and trials at Buyer’s site. Installation, by MHI staff, is not possible on items which have received shipment damage. It is the Buyer’s responsibility to acquire non-damaged parts prior to installation.
PHOTOS/ SKETCHES/ SCAN IMAGES/ ETC.:
Any sketches, catalogs, drawings, photos, scanned images etc. submitted with the proposal are purely for conceptual purpose & cannot be held binding for execution.
SPECIFICATIONS CHANGE:
In case any specifications are changed, or our scope of work is augmented, after issue of a purchase order, additional costs and time will be applicable. Often Buyers request changes during the cold or hot full inspection process. These changes may or may not be possible at such a late stage of manufacturing, and if they are possible, MHI will make such changes after a charge is quoted to the buyer and the Buyer has paid the original and any additional charges in full.
AMENDMENT OF TERMS:
The preceding Terms and Conditions of Sale are subject to withdrawal or change by MHI at any time by amendment or issuance of updated terms and conditions. Until modified or withdrawn, these terms and conditions herein will govern all sales from MHI to Buyer, unless an authorized representative of MHI specifically changes such terms in writing.
NOTICE:
MHI, Inc. attempts to verify that expanded data and information and the use of products for some of our products are made available only to professional users. When Buyer makes a request to MHI for information or purchase, Buyer verifies it is a professional user, defined as a person or organization involved in the thermal, electrical, industrial, pharmaceutical, medical device, research, laboratory or other life-sciences or healthcare-related industrial settings or equivalent.
If any terms above are held invalid by a competent court of jurisdiction, all other terms shall continue to apply. These terms shall be in force and effect for all orders placed with MHI, and in addition may include any additional terms which appear on the quotation, proforma invoice, and/or the purchase order acknowledgement.
(Revised: 9 December 2021)
