- 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.
- Warranty Policy McNAB, INCORPORATED warrants its equipment
to be free from defects in material or workmanship for a period of
one year after acceptance or one year after any part of the
equipment is placed in operation. The above warranty period shall
not extend beyond eighteen months from original shipment or
whichever period ends first. Any item or part found defective in
workmanship or material within the warranty period will be replaced
without charge, providing the defective equipment or part thereof is
returned to our facility for inspection, repair and/or replacement.
- If Buyer discovers any warranty defects and notifies Seller
thereof in writing during the applicable warranty period, Seller
shall, at its option, promptly correct any errors that are found
by Seller in the firmware or Services, or repair or replace
F.O.B. point of manufacture that portion of firmware found by
Seller to be defective, or refund the purchase price of the
defective portion of Goods/Services. McNab’s permission is
required prior to return of any equipment or part. All returns
must be shipped prepaid FOB factory and must be identified with
a McNab Return Material Authorization number. The limit of
liability shall not exceed repair or replacement of defective
material, and shall not include cost of removal or installation.
Our liability shall be limited to repairing or replacing
defective parts, and we shall not be liable for any indirect,
special or consequential damages.
- Products purchased by Seller from a third party for resale
to Buyer (“Resale Products") shall carry only the warranty
extended by the original manufacturer. Buyer agrees that Seller
has no liability for Resale Products beyond making a reasonable
commercial effort to arrange for procurement and shipping of the
Resale Products. Warranty does not extend to equipment or part
subjected to misuse, neglect, accident or improper installation.
- This warranty does not include expendable items such as
fuses or lamps. Any item repaired or altered at any place other
that the McNab factory or by persons not approved by McNab is
excluded from this warranty.
- Claims for damaged shipments must be made with the
- 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.
- Prices quoted are confidential. They are subject to
change by McNab, Inc. before final acceptance at seller's home
- 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
- Software requirements, if not specifically herein quoted,
are not known to us at this time and are not included.
- Typographical and stenographical errors subject to
- Any alteration or deviation from this contract will be executed
only upon written modification at additional charge, as required.
- Prices quoted herein are firm for 60 days unless otherwise
- Quality domestic commercial packaging will be supplied unless
otherwise herein specified.
- Federal, state, or local excise or use taxes, if any, shall be
paid by the customer.
- 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.
- 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
judgment, constitute an improvement over former models.
- 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.
- 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.
- Source inspection, DD 250 forms, military packaging and
special tagging requirements subject to additional charge.
- Delivery at our plant, for shipment to you, will be 10
weeks after receipt of order unless otherwise stated herein.
- A 1 1/2% per month interest charge will be added to all
invoices over 60 days old.
- Delivery extended by purchaser beyond date specified
herein will result in price escalation in accordance with BLS 117 or
- This contract may be assigned as required.
- Warranty for shaft horsepower, torque, or thrust products
applies only where McNab personnel (or a McNab trained certified
field technician) field calibrates the units. And where the
installation and maintenance follows the McNab instruction
- Limitation of remedies: McNab's entire liability and your
exclusive remedy are set forth in this section.
- McNab's liability for damages any
lost profits, lost savings, incidental damages, or other
economic consequential damages from any other cause whatsoever
and in addition, McNab will not be liable for any damages
claimed by you based on any third party claim, said liability
will be limited to the greater of 1) $10,000 or 2) an amount
equal to third the 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
- Seller warrants that the firmware will
execute the programming instructions provided by Seller, and
that the Goods manufactured or Services provided by Seller will
be free from defects in materials or workmanship under normal
use and care until the expiration of the applicable warranty
- All replacements or repairs necessitated
by inadequate maintenance, normal wear and usage, unsuitable
power sources, unsuitable environmental conditions, accident,
misuse, improper installation, modification, repair, storage or
handling, or any other cause not the fault of Seller are not
covered by this limited warranty, and shall be at Buyer's
expense. Seller shall not be obligated to pay any costs or
charges incurred by Buyer or any other party except as may be
agreed upon in writing in advance by an authorized Seller
representative. All costs of dismantling, reinstallation and
freight and the time and expenses of Seller's personnel for site
travel and diagnosis under this warranty clause shall be borne
by Buyer unless accepted in writing by Seller.
- Goods repaired and parts replaced
during the warranty period shall be in warranty for the
remainder of the original warranty period or ninety (90) days,
whichever is longer. This limited warranty is the only warranty
made by Seller and can be amended only in a writing signed by an
authorized representative of Seller. Except as otherwise
expressly provided in the Agreement, THERE ARE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY
OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.
- All analyzers are individually
calibrated for use with specific particles requested in
order entry process. Different fluids should not be used
without first consulting the factory to verify compatibility of
This document is deemed to be the last document between the parties.