1. Application Of Conditions:
Any purchase order or similar document given to Marketech shall be considered as an offer to purchase on the part of the buyer, and shall be subject to acceptance in writing by Marketech. These conditions of sale shall be part of such acceptance and shall prevail over any inconsistent terms of such offer, except as these conditions may be waived, altered or modified in writing by an officer of Marketech.

 

2.Terms:

Prices are net 30 days unless noted otherwise. This quotation supersedes all previous quotations for same item or product. Orders for less quantities than quoted are subject to change.

 

3.Prices:

Prices quoted herein are firm for 60 days from date of quotation. Prices stated in Marketech quotations and acceptance are subject to adjustment during a period of 30 days from the effective date of the increase against order received prior to the effective date. Partial shipments made within said 30 days protecting period will not obligate Marketech to make further shipments after the protection period at the lower price. If prices are decreased ,the prices in effect on date of shipping will apply in all cases.

 

4.Taxes:

Prices do not include tax. All orders subject to the addition of local, state or other tax if and when imposed.

 

5.Cancellation:

Orders cannot be cancelled once placed and accepted , without the consent of Marketech upon terms which will reimburse it for cost and reasonable profit.

 

6.Export:

All Invoices payable in funds at par in the Rep. of Ireland. Shipments for export and any shipments will be in addition to prices quoted herein. An irrevocable letter of credit in Rep of Ireland (funds at par) must be issued and confirmed unless other arrangements are agreed in writing by Marketech.

 

7.Claims:

Claims for errors or shortage must be made in writing within 15 days after receipt of materials/ goods. Any claim in respect of defective material must be made in writing within 30 days from receipt of material.

 

8.Returned Material:

Written consent of Marketech is required for the return of any material and only in accordance with shipping instructions issued from Marketech. Authorised material returned shall be subject to a service and restocking charge, such determination to be made at the discretion of Marketech.

 

9.Errors:

Clerical errors are subject to correction.

 

10.Patents:

Buyer agrees to indemnify and hold harmless Marketech against all claims and losses for infringement of any patent rights arising from production in accordance with buyers designs and/or specifications.

 

11.Delayed Shipments:

Marketech shall not be responsible for delay or failure in performance due to acts of God, war, riot, legal restrictions, material shortages, energy shortages, labour controversies, delays in transportation or any cause beyond its reasonable control.

 

12.Limited Warranty:

Marketech does warrant that they will replace defective products sold, provided:

1. buyer notifies Marketech of any claims of defects in materials or workmanship within 30 days after receipt of shipment.
2. return of goods is authorised by Marketech and then returned to factory within 15 days after said authorisation, transportation charges pre-paid.
3. products or parts are found to be defective in materials and workmanship upon examination by Marketech. Products shall not considered as defective or non-conforming if they substantially fulfil performance requirements and are manufactured in accordance with Marketech’s specifications. this warranty will not extend to goods which have been subject to misuse, neglect , accident or improper installation, misapplication under conditions not expressly made specifically known nor approved by Marketech, in advance of shipment or which have been repaired or altered outside our facility. Marketech’s liability shall be limited to replacement or repair of Marketech products.

 

13.Limitations Of Liabilities And Warranties

1. Marketech, shall not be liable for any expense, damage or indirect damage of any kind suffered by the buyer or anyone else with respect to defective or non-conforming material.
2. the foregoing warranty is in lieu of all other warranties and Marketech, makes no other   warranties express or implied, buyer agrees to assume all risk and liability resulting from the use of the products, whether used singularly or in combinations with other products. There are no oral agreements or warranties collateral to or effecting this agreement.
3. the implied warranties of merchantability and fitness for a particular purpose are excluded from this contract

 

14.Governing Law.

The law of the Republic of Ireland shall govern this agreement and any arbitration thereof. Any disputes are to be resolved by arbitration.

 

15.Indemnification of Seller.

Seller has a policy of not selling its product where it will be used in ultra -hazardous activities, Seller is not able to obtain sufficient insurance to cover the risk of ultra – hazardous use. Buyer represents that it will use Seller’s product in normal commercial use only, and not in ultra -hazardous uses, including, without limit, gas compression, aircraft, spacecraft, pollution and hazardous substance control. Buyer assumes the risk of all damage, loss, cost and expense against any and all liability, damage, loss, cost and expense which may arise out of Buyers use of Seller’s product.