Terms and Conditions

TERMS AND CONDITIONS OF SALE

SHIPPING TERMS:
FOB seller's warehouse, freight collect.

MARLBORO MANUFACTURING, INC. RETURNS POLICY:
No product or part can be returned for credit unless written or verbal authorization has been given in advance, and the material authorized for return is received by seller within 30 days. Merchandise returned must be identified as to original date of purchase, purchased order number, invoice number, return goods authorization number, customer's name and address. Service and handling charge is 20% of net billing price, except in the case of defective parts. Any freight paid by seller will be deducted from the amount of credit issued, except in the case of defective parts. Merchandise returned in unsalable condition will not be accepted. The return of obsolete, discontinued, modified or special parts is not permissible. Seller reserves the right to charge for all work competed and materials purchased when an order is cancelled or reduced prior to shipment, where special or modified parts are involved. Seller reserves the right to assess an additional charge, other than the normal 20% handling charge, in the event the quantity cancelled or returned is in excess of seller's normal stock requirements. Prices are subject to change in the event purchaser revises original order quantity.

CLAIMS:
Seller is not responsible for goods lost or damaged in transit. Purchaser is solely responsible for filing claims against the carrier for any loss or damage. Seller will furnish all available information, trace shipments to destination whenever possible and give any other reasonable assistance requested to assist the purchaser in filing a claim. Claims for shortages in shipment not chargeable against the carrier will not be considered unless notice is given within 10 days from date of receipt of merchandise.

BIDS AND QUOTATIONS:
All bids and quotations are firm for 30 days only.

PRICES:
Prices are subject to change without prior notice.

LIMITED WARRANTY OF PRODUCTS:
For a period of 90 days from the date of sale, seller warrants its products to the original consumer purchaser to be free from defects in materials and workmanship, subject to the following terms and conditions.

As the sole and exclusive remedy of the original consumer purchaser, seller will, without charge, repair or replace, at its plant products found to be defective in materials or workmanship within the period set forth above or, at its option, refund the purchase price; provided that:

(a) The products have not been subjected to abuse, neglect, accident, improper installation or servicing, or used in violation of any instructions which may be provided;
(b) As to any prior defects in materials or workmanship covered by this warranty, the products have not been repaired, disassembled or altered by anyone except seller or seller's representative;
(c)  Notice of any and all defects in materials and workmanship is given to seller in writing not later than 90 days after original purchase; and
(d) Examination discloses, in the judgment of seller a defect in materials or workmanship which developed under normal installation, use and service. Seller does not assume the cost of removal and/or installation of the products, the cost of returning any products to its plant for repair or replacement, or any other incidental costs which may arise as the result of any defect in materials or workmanship.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ANY WARRANTY IMPLIED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS CONTRACT. NOT REPRESENTATIVE OR PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTY OR TO ASSUME FOR SELLER ANY OTHER LIABILITY IN CONNECTION WITH PRODUCTS SOLD BY MARLBORO MANUFACTURING. SELLER WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

MISCELLANEOUS:
Seller is not responsible for nondelivery or delay in deliver due to delays, damages or losses resulting from strikes, riots, fires, floods, inability to secure materials or other accidents or occurrences beyond their control. Prices are subject to change without notice.

DRAWINGS:
All drawings and dimensions shown on this website are for reference only.

                                                                                                                                             (2013)