Shipping laws differ from country to country. It is the Buyer’s responsibility to check with their customs office to verify whether the country to which items purchased from Marathon Finishing Systems, Inc.are being shipped, permits the shipment of said items. Marathon Finishing Systems, Inc. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
In the event Buyer requires the Seller to delay engineering, fabrication, shipment, installation, or start-up of equipment and/or machinery under this proposal, any additional costs incurred by the Seller shall be reimbursed by the Buyer (see ‘Delay of Delivery’ below). All agreements by Seller are contingent upon acts of God (natural), strikes, accidents, delays or default of Seller’s suppliers, or other delays beyond the Seller’s reasonable control. In no event shall the Seller be held liable for any consequential damages occasioned by delay mentioned herein.
Delay of Delivery:
In the event Buyer causes delay of delivery of services, equipment and or machinery for any reason and Seller is prepared to deliver same, no scheduled payment(s) to Seller shall be delayed unless approved by the Seller in writing by the Seller. The return to the Seller of a signed copy of this proposal shall be deemed the same as issuing a purchase order from the Buyer. In the case of conflict between the body of this proposal and the Buyers purchase order, the terms and conditions of this proposal shall prevail. From time to time it may be necessary, and we reserve the right, to substitute materials for those originally ordered, however the substitute material and/or components will have comparable properties and characteristics and will be suitable for performing the functions for which the equipment was purchased.
Buyer will be advised of any major substitutions for approval prior to doing so. The terms and conditions of this proposal may be modified only when agreed to by the Seller in writing. The contract as above stated is intended by Buyer and Seller to be final expression of their agreement. No course of prior dealings between the said parties, and no usage of trade shall be relevant to supplement, explain or vary any of the terms set forth herein. No representation, understandings or agreements have been made or relied upon other than those specifically set forth herein. This contract shall insure to the benefit of and be binding upon both, the Buyer and Seller, their legal representatives, successors, and assignees. The said contract created by the Buyer’s acceptance as herein and above stated shall be governed by the laws of the state of California, USA.