Minton Lift Inc.
Terms, Policies & Prices
Acceptance: All orders are subject
to approval and acceptance by Minton Lift Inc. The following
terms and conditions apply to all orders, and are subject to change
without prior notice. Minton Lift Inc. reserves the right to cancel
accepted orders if circumstances beyond its control (including but
not limited to fires, floods, strikes, labor disputes, accidents,
sabotage, terrorism, war, riots, delays in transportation or lack of
transportation facilities, restrictions imposed by law, material
shortages and other similar matters), cause Minton Lift Inc. to be
unable to timely deliver products pursuant to such order.
Prices: Prices are subject to
change without prior notice. Unless otherwise stated, all prices are
in U.S. dollars.
Payment Terms: Payment is due upon
placing the order.
Shipping/Freight Terms: Shipping
and Freight Pricing is calculated per order.
Cancellations: Orders cannot be
cancelled after they have been processed.
General Returns: All returns
(whether for product defect or otherwise) must be requested within
90 days of invoice. Returned merchandise will ONLY be
accepted with an issued Return-Authorization number and ONLY
within 30 days of issuing of that Return-Authorization number. All
Special Order products, paints, chemicals, lubricants and fire
extinguishers are non-returnable once ordered.
All returns (except for returns involving a verified
product defect) will be subject to a 25% restocking charge.
Merchandise returned as defective will be thoroughly
tested and inspected. For merchandise that is verified as defective,
Minton Lift Inc. will either (at its sole discretion) repair or
replace the merchandise at no charge, or issue a full credit for the
defective merchandise, including freight. Merchandise that is
returned as defective, but that is determined to work properly, will
be subject to a testing fee and the 25% restocking charge.
Credit will not be issued for merchandise damaged
due to corrosive materials, abuse, alteration, or misuse.
Before returning any merchandise to Minton Lift
Inc., a Return Authorization Number must be obtained from your
sales/customer service department. Your request must include:
1. Part number and description.
2. Reason for return
3. Invoice number
4. Customer’s P.O. number
Merchandise must be returned “Freight Prepaid,” with
the Return Authorization Number clearly labeled on the outside of
the package. Parts must be new, in original packaging, in salable
condition, and originally purchased as service parts from Minton
Core Charges: Core credits will be
voided if cores are not returned to Minton Lift Inc. within 60 days.
Cores may have deductions for the following reasons:
* Core has been disassembled
* Missing parts
* Bad or unserviceable non-standard replacement components
* If Cores are not of the same configuration as remanufactured unit
Cores must be returned in the same container that the
remanufactured unit was shipped in or be subject to a $100.00
Starter and Alternator Warranty: Minton Lift
Inc. warrants Starters and Alternators free from defects in
materials and workmanship under normal use. This warranty is made
for a period of one year from the date of original sale.
Minton Lift Inc. will replace any Starter or Alternator that
proves defective in material or workmanship without charge. The
defective item must be returned freight prepaid to Minton Lift Inc.
with proof of purchase and a brief explanation of the defect.
All Starters and Alternators returned to Minton Lift Inc.for
warranty will be tested for defects before credit is issued.
Starters and Alternators that are returned for warranty that test to
be free of defects will be returned to the customer with a $10.00
testing fee, freight collect.
Limited Warranty: Minton Lift Inc. warrants that
the products it distributes are free from defects in materials and
workmanship under normal use. This warranty is made for a period of
one year, or as indicated from the date of original sale. (Flash
tubes, light bulbs, sealed beams and similar products are subject to
a 90 day warranty.) This warranty is PARTS ONLY and does not cover
any labor charges.
Minton Lift Inc. will repair or replace any item sold that proves defective
in material or workmanship without charge. The defective item must
be returned, freight prepaid to Minton Lift Inc. with proof of purchase and a
brief explanation of the defect.
This warranty allocates risks of product failure between you and
Minton Lift Inc. Our pricing reflects this allocation of risks and the
limitation of liability contained herein. The warranty set forth
above is in lieu of, and excludes, all other warranties (whether
written, oral or implied) including the IMPLIED warranties of
merchantability and fitness for a particular purpose. The agents,
employees, distributors and dealers of Minton Lift Inc. are not authorized to
make modifications to this warranty or additional warranties binding
on Minton Lift Inc. Accordingly, additional statements, such as dealer
advertising or presentations whether oral or written, do not
constitute warranties and should not be relied upon.
This warranty gives you special legal rights and you may have
other rights which vary from state to state.
Limitation of Liability: Minton Lift Inc. SHALL NOT IN ANY
CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY EVEN IF Minton Lift
Inc. OR OUR
AGENT HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. Among
other things, this means Minton Lift Inc. is not responsible for any costs
incurred as a result of lost profits or revenues. Some states do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Tax: Purchaser is responsible for all
manufacturer’s tax, sales tax, use tax, excise tax, or other tax
duty or similar fee imposed by any governmental authority in
connection with the sale or use of the products sold. Purchaser
agrees to reimburse Minton Lift Inc. for all such taxes, duties or fees it
incurs as a result of the products sold to purchaser.
Waiver: No failure by Minton Lift Inc. to insist on strict
compliance with, or performance of, any term or condition hereof
shall constitute a waiver of such term or condition, and Minton Lift
reserves the right to enforce the same.
Applicable Law/Exclusive Jurisdiction: These
terms and conditions, and the sale of goods hereunder, shall be
governed by and interpreted under the laws of the State of Kansas.
The District Court of Johnson County, Kansas shall have sole and
exclusive jurisdiction to hear disputes regarding these terms and
conditions, and/or the sale of goods hereunder, unless Minton Lift
Inc. (in its
sole discretion) selects or expressly agrees to another forum.
Purchaser hereby expressly consents to jurisdiction in the District
Court of Johnson County, Kansas.
Export Control: Products purchased or received
under these terms and policies shall be subject to the export laws
and regulations of the United States and Canada. Purchaser shall
comply with all such laws and regulations, and agrees not to use,
sell, lease, ship or transport any Minton Lift Inc. product in any manner that
is inconsistent with such laws and regulations.
Severability: If any term or policy set forth
herein shall be held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable, such term or policy shall be
enforced to the fullest extent permitted by applicable law, and the
validity, legality and enforceability of the remaining terms and
policies shall not be affected or impaired thereby.
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