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ORDER BASICS — DELIVERY AND PAYMENT:
All orders must be prepaid unless credit has been previously established or other terms have been agreed to in writing by MFL. First time customers must pay by credit card, wire transfer, C.O.D., or money order unless otherwise approved by MFL prior to the fulfillment of order. All payments shall be without deductions for back-charges or other accounts between MFL and You, which shall be settled independently of the payment of the invoice and of each other. All payments due herein shall be made in U.S. dollars. For customers located within the U.S. and Canada, MFL accepts payment in the form of a check, money order, C.O.D. (Collect on Delivery), wire transfer, Visa, MasterCard, Discover, American Express, and check cards with the Visa or MasterCard logo. A US$25.00 fee will be charged for each returned check. A C.O.D. fee of US$7.50 per package will be grouped together with invoice shipping charges. All orders placed outside the United States or Canada must be prepaid via wire transfer or check in US dollars. All payments must be received and cleared prior to release or shipment of Custom Parts. No products furnished by MFL shall become a fixture by reason of being attached to real estate. For parts manufactured with custom tooling, if samples are provided, your credit card will be charged (or payment must be made by other means) for the tooling and test run portion of the order prior to shipment of the samples.
Taxes. You are responsible for payment of any and all taxes, Custom duties, excise fees, or other imposts associated with your order.
Delivery Time Quotations. Delivery times quoted are estimates only. While MFL strives to deliver on time as requested, there are many factors that can delay delivery. Under no circumstances shall MFL be liable for any special or consequential damages, or for any loss, damage or expense (whether or not based on negligence) directly or indirectly arising from delays or failure to give notice of delay. Since actual manufacturing costs (material, machining, labor, freight, etc) are mainly fixed at the time you choose a price / time combination, prices are not adjusted up or down based on early or late actual delivery time, even if the actual delivery time coincided with an alternate price / time combination.
Delivery Method. You may select the mode and port of shipment that You prefer or, at your option, MFL will select the fastest, safest and most economical means practicable. MFL will normally follow your shipping instructions, but reserves the right to ship Custom Parts freight collect and to select the means of transportation and routing when your instructions are deemed unsuitable. If MFL selects the carrier, the cost of appropriate insurance will be added to your order price, in addition to shipping costs. If You select the carrier, You have the option of insuring the delivery, an option which MFL strongly endorses for your protection.
Title / Risk of Loss. Regardless of the method of delivery, title and risk of loss will pass from MFL to You upon delivery of the Custom Parts to the carrier. Loss or damage that occurs during shipping by a carrier selected by You is your responsibility. Loss or damage that occurs during shipping by a carrier selected by MFL is MFL’s responsibility provided: You note any shortage or damage on both Your copy and the carriers copy of the carrier’s receipt freight bill or delivery memo and cause both copies to be signed by the carrier’s driver or representative and MFL establishes to reasonable satisfaction that there was in fact a shortage in the delivery or that the damage occurred prior to receipt of the material by You. Loss or damage covered by MFL shall be remedied solely by replacement of the lost or damaged Custom Parts.
Duty to Inspect. We cannot stress this enough — examine the packing carefully upon receipt, and advise the carrier of any visible damage at the time of delivery. If You receive Custom Parts that have been damaged in transit, keep the shipping carton, packing material and the Custom Parts intact.
Returns. No Custom Parts may be returned without prior authorization from MFL. After You have provided MFL with the written notification contact MFL to request a Return Material Authorization (“RMA”) number. No product shall be accepted for return without an RMA number. When any Custom Parts are returned for examination and inspection, You assume responsibility for damage resulting from improper packaging and damage or loss in transit. You must return all allegedly defective Custom Parts, together with all packaging, manuals, and items included in the original box, along with a detailed explanation of the defect, within thirty (30) calendar days.
Remedies of MFL. In the event that You fail to make any payment to MFL when due, your entire account(s) with MFL shall become immediately due and payable without notice or demand. In addition, payment may be requested in advance of shipment for quantities not yet delivered, or the balance of the order may be cancelled by MFL without liability to it. All past due amounts are subject to service charges in the amount of the lesser of 1.5% per month, or the maximum contract rate permitted by law from the date when payment becomes due from day to day until the date of payment. Reasonable collection charges, including reasonable attorneys’ fees, will be added to the balance due and You shall pay all such charges.