Terms and Conditions of Sale
Effective June 27, 2022
1. ORDER ACCEPTANCE: All orders shall be in writing, or if initially made other than in writing, shall be confirmed in writing, and are subject to acceptance by Macromatic and all the terms and conditions in effect at the time of acceptance. Confirming orders must be plainly marked “Confirmation”, or the risk of double shipment will be the Customer’s.
2. PRICES: Prices are subject to change without prior notification. In the event of a price change and unless otherwise agreed to in writing, prices for orders scheduled for immediate release shall be those in effect at time of order entry. Orders not for immediate shipment will be subject to prices in effect on date of shipment.
3. MINIMUM ORDERS: The minimum total value for any order or release is $100.00. Minimum order quantity is one piece with the following exceptions:
a. These products are subject to a five (5) piece minimum order quantity: TR-5, THR, THS & THL Series products with either fixed time delays “F” or remote adjust time delays “R”; TR-5 Series products with “T” adder or “TV” adder; CAH/COH/CUH Series products with a fixed time delay.
b. Custom products are subject to minimum order quantities and will be quoted on an individual basis.
4. PAYMENT TERMS: Net 30 unless otherwise negotiated in Sales Agreement.
5. SHIPMENT TERMS: All shipments are F.O.B. factory, Waukesha, Wisconsin. Unless specified in the order, shipment will be by a carrier acceptable to Macromatic. Title to and risk of loss of Products will pass to the Customer upon delivery by Macromatic of Products to carrier.
6. DELIVERY: Macromatic will make every reasonable effort to fill all orders promptly. Macromatic will not be responsible for late deliveries resulting from any cause beyond its control. Claims for shortages or other errors must be made in writing to Macromatic within 30 days after receipt of shipment. Failure to do so will constitute a waiver of all claims by the purchaser. Customer will be responsible for asserting claims for losses or damage in transit against the carrier or carriers.
7. LIMITED WARRANTY: Subject to the conditions set forth below, Macromatic warrants all products listed in the Macromatic catalog, other than ISP, PTA, TAA, TAD, TE & VWKE Series products, to be free from defects in workmanship and material, under normal service and use, for a period of five (5) years from date of manufacture. Subject to the conditions set forth below, Macromatic warrants all ISP, TAA, TAD, TE & VWKE Series products, and all custom products manufactured to customer specifications, to be free from defects in workmanship and material, under normal service and use, for a period of one (1) year from date of manufacture and PTA Series for a period of two (2) years from date of manufacture. Macromatic’s obligation under this warranty is limited to repairing or replacing any part or parts of a defective product, within the applicable warranty period set forth above. The customer is responsible for any and all shipping, insurance and transportation charges from the customer to Macromatic. Upon receipt of a product from the customer, Macromatic will inspect the product to determine if the product is in fact defective. If the inspection reveals that the product is not defective, then Macromatic will contact the customer. The warranty does not apply to or cover any defect resulting from improper or unreasonable use or maintenance, unauthorized alteration of modification, tampering, improper installation, neglect, damage by fire, floods, acts of God or any other form of casualty. Products and parts serviced or replaced on a no-charge basis during the warranty period carry the unexpired portion of the original warranty only; no extension of the original warranty shall be implied or granted. THE PROVISIONS OF THIS LIMITED WARRANTY ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MACROMATIC INDUSTRIAL CONTROLS’ MAXIMUM LIABILITY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT. IN NO EVENT SHALL MACROMATIC BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES HOWSOEVER CAUSED INCLUDING WITHOUT LIMITATION THE REPLACEMENT OF EQUIPMENT AND PROPERTY. This limited warranty gives the customer specific legal rights, and the customer also may have other rights that vary from state to state. Some states do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply
8. RETURN OF MERCHANDISE: No merchandise may be returned unless authorization has been first obtained from Macromatic. Only products of standard and current design that have been manufactured within the previous 12 months may be returned for credit. Products of special design can only be returned for repair or replacement. All encapsulated products (CAH, COH, CUH, THL, THR & THS Series) returned for credit are subject to a 50% restock fee. All other products returned for credit are subject to a 25%restocking charge.
9. INVENTORY PROTECTION PLAN: Authorized Macromatic Stocking Distributors can return slow moving, distributor catalog listed stock up to four times per year provided merchandise is unused, within warranty, been manufactured within one year, and in salable condition. No merchandise may be returned unless authorization has been first obtained from Macromatic. The return must be accompanied by an order totaling 115% of the value of merchandise being returned. Such returns cannot exceed 5% of the previous 6 months purchases. Items made to special order are not returnable.
10. ORDER CANCELLATION: Any order accepted by Macromatic may not be altered or modified by purchaser without the written agreement of Macromatic. Any other cancellation or termination will be subject to payment of Macromatic’s losses, damages and expenses arising from such cancellation or termination.
11. PRODUCT DISCONTINUANCE: Macromatic has the right to discontinue the sale of any of its products. Macromatic will provide at least ninety (90) days notice prior to discontinuance whenever possible.
12. CONTRACT AGREEMENT: Terms and conditions of all sales applicable are Macromatic’s terms and conditions. Macromatic will not recognize conflicting customer’s terms and conditions unless specifically agreed to in writing by Macromatic.