Standard Terms and Conditions

1. Every contract of sale is subject to these conditions, which are incorporated into all future documents concerning such contract. All other conditions and warranties whether implied by statue, common law, or trade usage or expressed by the buyer, are hereby excluded, with the exception of conditions expressly accepted by us in writing.
2. McNab, Inc. warrants its equipment to be free from defects in material and workmanship, under normal use and application, for a period of 12 months from date of original shipment. This does not include expendable items such as fuses or lamps. McNab's obligation under this warranty however, shall be limited to replacing any part or parts found defective, provided the defective part is returned prepaid to our factory for examination. This warranty does not apply to any instrument which has been tampered with in any way, or which has been misused or damaged by accident or negligence.
3. Claims for damaged shipments must be made with the delivering carrier.
4. If, in the performance of the contract, any trade secrets and/or items of proprietary information are disclosed, they will be kept secret, and adequate provisions will be made to safeguard such secrets and/or items of proprietary information before such secret and/or item or items of information are disclosed by McNab.
5. Prices quoted are confidential. They are subject to change by McNab, Inc. before final acceptance at seller's home office.
6. If delivery or acceptance of goods is prevented, hindered or delayed by strikes, lockouts, accidents or any other causes (whether of a similar kind or not) beyond our control, such delivery or acceptance may be suspended during the continuance of such strike or lockout or until such accident or other cause shall have ceased to exist. Dates are approximate and based upon prompt receipt of all necessary information, approval and release for manufacture, if required.
7. Software requirements, if not specifically herein quoted, are not known to us at this time and are not included.
8. Typographical and stenographical errors subject to correction.
9. Any alteration or deviation from this contract will be executed only upon written modification at additional charge, as required.
10. Prices quoted herein are firm for 60 days unless otherwise herein stated.
11. Quality domestic commercial packaging will be supplied unless otherwise herein specified.
12. Federal, state, or local excise or use taxes, if any, shall be paid by the customer.
13. Contact McNab for authorization prior to returning material. All returns must be new, unused, and in the customer's possession no longer than 60 days. Restocking charges on current catalog items will be 20% or a minimum of $50 (whichever is greater). Specials made to customer' specifications are not returnable. Such authorized returns must be made prepaid in the original shipping containers.
14. McNab reserves the right to, without notice, make engineering refinements (not involving mechanical or electrical interfaces) and incorporate them in the equipment when such changes in detail of design, construction or arrangement shall, in its judgement, constitute an improvement over former models.
15. The terms of sale are Net 30 Days F.O.B. Mt. Vernon unless otherwise stated. Terms herein are subject to credit approval. McNab, Inc. may, at any time, modify the terms of payment originally specified to require payment in advance. Foreign buyers require irrevocable letter of credit.
16. Buyer may cancel his order, reduce quantities, revise specifications, or extend schedules only by mutual agreement with McNab as to reasonable and proper cancellation charges which shall take into account expenses already incurred, and commitments made by McNab, and shall indemnify McNab against any loss.
17. Source inspection, DD 250 forms, military packaging and special tagging requirements subject to additional charge.
18. Delivery at our plant, for shipment to you, will be 10 weeks after receipt of order unless otherwise stated herein.
19. A 1 1/2% per month interest charge will be added to all invoices over 60 days old.
20. Delivery extended by purchaser beyond date specified herein will result in price escalation in accordance with BLS 11-7.
21. Price is based on cost. Please advise if this is not satisfactory within 15 days after receipt of quote.
22. Warranty for shaft horsepower, torque, or thrust products applies only where McNab personnel field calibrates the units.
23. Limitation of remedies: McNab's entire liability and your exclusive remedy are set forth in this section.
24. McNab's liability for damages from any cause whatsoever will be limited to the greater of 1) $10,000 or 2) an amount equal to price for the specific equipment that caused the damages or that are subject matter of, or are directly related to, the cause of action. This limitation will apply, except as otherwise stated in this section, regardless of the form of action, whether in contract or in tort including negligence.
25. In no event will McNab be liable for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if McNab has been advised of the possibility of such damages. In addition, McNab will not be liable for any damages claimed by you based on any third party claim. This document is deemed to be the last document between the parties.
26. In no event will McNab be liable for any damages caused by your failure to perform your responsibilities. McNab will not be liable for loss of funds contained in, dispensed by, or associated with any machine.