Conditions of Sale
MacGUIRE AND CRAWFORD, INC.
2536 PLANTATION CENTER DRIVE, SUITE B MATTHEWS, NC 28105
All orders of customer of equipment,
accessories and other products (the â€œEquipmentâ€) from MacGuire and Crawford,
Inc. (the â€œSellerâ€) are subject to the following conditions of sale. This order
being intended by Seller and customer to be the final, complete and exclusive of
the terms and conditions of their agreement.
Unless otherwise specified, delivery of Equipment will be f.o.b. point of
shipment at Matthews, NC. Delivery schedules represent Sellerâ€™s best estimate
of delivery times, made for customerâ€™s convenience. No delivery date shall form
any part of the agreement between Seller and customer. Seller shall in no event
be liable for any loss incurred by Customer due to Sellerâ€™s failure to make
shipment on the date scheduled. Any Equipment described as being â€œin stockâ€ is
subject to prior sale. This order may not be cancelled, except upon Customer
obtaining the written consent of an officer of Seller thereto, and only if
Customer pays to Seller upon cancellation Seller charges for work performed and
commitments entered into with respect to this order through the date of
Prices are quoted f.o.b. point of shipment and payment shall be made net 30 days
after shipment unless otherwise specifically agreed or quoted in writing by
Seller. Interest on any Customer balance not paid within 30 days after shipment
shall be paid at the rate of 1 Â½% per month, compounded monthly, from the date
on which net payment becomes due. If shipment or any other act or condition
affecting payment for the Equipment is ready for shipment, and the Equipment
shall thereafter be held at Customerâ€™s risk and expense.
partial shipments are made, proportionate payments shall become due and payable
on each such shipment. If Customer fails to perform any term or condition
hereof or if Seller at any time has doubt of Customerâ€™s financial
responsibility, Seller may decline to make further shipments except against cash
payment or the grant of satisfactory collateral security for payment.
If Seller is not
permitted to make shipment within six months by customer request, escalation
will apply. The escalated price will be the price in effect at time of
shipment. If the increase in Seller price between order date and shipment date
exceeds the increase on the Consumer Price Index for the same period, the price
increase will be limited to the percentage increase in the index.
TERMS: Minimum order for export is $500.00. Payment
must be made in U.S. dollars in advance by international wire transfer
(Additional $35.00 Dollar fee applies). Cash in advance payments may also be
made by check or other cash instrument, however, shipment will not be made until
checks have cleared our U.S. bank. Shipment terms are EX WORKS Matthews, North
Carolina U.S.A. Import license, if necessary, is the buyerâ€™s responsibility. It
is the buyerâ€™s responsibility to inform the Seller of documentation required by
the buyerâ€™s country. Buyer pays taxes, Duty, customs clearance charges,
terminal charges, forwarderâ€™s fees and any other charges due upon arrival.
Seller does not manufacture any equipment and therefore provides no warranty.
Only manufacturerâ€™s warranties apply to new equipment sales. All used equipment
is sold â€œas isâ€ with no warranty.
LIMITS OF LIABILITY: If Customer
rightfully rejects the Equipment or justifiably revokes acceptance of the
Equipment, Seller shall be liable only to repay any part of the purchase price
theretofore paid, upon the return of the Equipment to it. Any Equipment
returned must be shipped prepaid f.o.b. Matthews, NC and only after a return
authorization has been received from the Seller. The foregoing constitutes
Customerâ€™s sole and exclusive remedy for breach of the terms of sales of the
Equipment. Seller shall in no event be liable for damage or delay caused by
defective material or workmanship, and no allowance will be made for repairs or
alterations unless made with its approval.
Seller shall in
no event be liable for damages, including without limitation incidental or
consequential damages, to any property or to any person, by reason of Sellerâ€™s
negligence or otherwise, in connection with the sale, delivery, installation or
use of the Equipment, and Customer shall indemnify and hold harmless Seller
against all such liability.
SECURITY INTEREST: Without reference
to the form of invoice which may be used by Seller, a purchase money security
interest in the Equipment shall remain in Seller as security until the purchase
price (including any extensions of payment whether evidenced by note or
otherwise) shall be fully paid. The Equipment shall remain personal property,
whatever may be the mode of its attachment to realty or other property, until
the purchase price shall be fully paid, and Customer shall perform all acts
which may be necessary to perfect and assure retention of such security interest
in Seller. If Customer fails to make any payment of or an account of the
purchase price when due, Seller may at its option take exclusive possession of
the Equipment wherever found and remove the Equipment without legal process, and
Customer shall pay the Seller installations and removal costs plus a use charge
equal to 4% of the purchase price per month, or fraction thereof, from the date
of shipment, and any payments which have theretofore been made on account of the
purchase price of the Equipment shall be retained by Seller and applied to such
costs and charges, with any balance thereof being retained as liquidated
damages, without prejudice to its right to recover any further damages which it
may suffer from any cause.
TAXES: All sales to customers in North Carolina are
subject to North Carolina sales tax unless tax exempt certificate is on file in
Unless otherwise agreed, the Equipment will be installed by the Customer. Seller
shall not be liable for any injury to persons or damage to property occurring in
the course of or as a result of the presence of its agents or employees on
Customer premises, with respect to installation or subsequent service.
The Equipment delivered hereunder may vary in details of design, construction,
arrangement or accessories from the description thereof in any descriptive or
sales literature or from any display or other equipment of the same model which
Customer has inspected. Seller reserves the right to make such changes in such
details as, in its discretion, constitute improvements. Seller is not obligated
to supply schematic or shop working drawings.
Neither this agreement nor any right granted hereby may be assigned by Customer
voluntarily or by operation of law without Sellerâ€™s prior written consent.
This order is the complete agreement between the parties and there are no other
agreements or understandings changing or modifying the terms hereof, whether
contained in any order form of Customer or otherwise. This agreement is entered
into after full investigation without either party relying on any statement or
representation made by the other party not embodied in this agreement. No
waiver, change, amendment or discharge of any term or condition hereof or
consent hereunder on the part of Seller shall be effective unless made in
writing and signed by an authorized officer of Seller. This agreement has
become effective upon the acceptance of Customerâ€™s order by Seller in Matthews,
North Carolina, and the rights and duties of Seller and Customer, with respect
to the sale (or lease or rental, as the case may be) delivery and installation
of the Equipment shall be governed by these terms and conditions, and any
related Lease or Rental Agreement, and the laws of the State or North Carolina.
Acceptance of this order by Seller is contingent upon (1) a satisfactory credit
report on customer and (2) the absence of any mathematical error with regard to
dollar amounts stated herein.