Terms & Conditions
All purchases are subject to the terms and conditions below, and the buyer accepts said terms and conditions upon either (a) signing a Marathon product proposal (quote or estimate), (b) issuing a purchase order for services, equipment, and /or machinery set forth in a proposal, or (c) making a purchase directly via Marathon’s online store (found at www.MarathonSpraybooths.com). These ‘Terms and Conditions’ apply to the use of this Web site, transactions conducted through the site, and transactions offline.
Use of personal information that you may submit to Marathon Finishing Systems, Inc. through this Web site is considered confidential information, and is protected under the same methods and security standards used by the Marathon Finishing Systems, Inc. to protect all of their data. We never share your information with anyone. Ever.
All content appearing on this Web site is the property of Marathon Finishing Systems, Inc. ©2000-2015 All rights reserved. Users are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright Marathon Finishing Systems, Inc. ©2000-2015 All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Marathon Finishing Systems, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Marathon Finishing Systems, Inc. or any third party, except as expressly stated herein.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Marathon Finishing Systems, Inc. and its authorized agents reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Marathon Finishing Systems, Inc. believes that customer conduct violates applicable law or is harmful to the interests of Marathon Finishing Systems, Inc. and its authorized agents.
Payments shall be made to Seller according to the terms stated in the Sales Order/Invoice. A service charge will be added to accounts which remain unpaid beyond Seller’s stated terms. This charge shall be added monthly at 1.5%.
Marathon Finishing Systems, Inc. charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. The purchase price does not include any excise, sales, use privilege, license, import, or other taxes levied or based on such price shall be increased by the amount of any such taxes. Any personal property taxes assessable on the equipment after delivery to the carrier shall be born by the Buyer. Security Interest: The Buyer hereby creates a security interest in favor of the Seller, and the Seller hereby reserves a purchase price and any and all other sums due and owing from the Buyer to the Seller. Buyer authorizes Seller to file financing statements in the necessary jurisdictions and hereby agrees to execute all necessary documents to facilitate said filing. Buyer shall not sell, pledge, mortgage, lease or otherwise encumber the equipment sold hereunder until Seller is fully paid, including all service agreed upon.
Title to the said equipment set out herein shall pass to the Buyer when same is delivered to Buyers carrier, a common carrier, or when received by Buyer upon delivery by Seller’s own carrier. All costs of transportation shall be the responsibility of the Buyer, unless otherwise agreed upon in writing, and all risk of loss shall pass to Buyer upon passage of title as provided herein.
Seller warrants to the Buyer that the equipment mentioned herein shall be free from defects of materials or workmanship under normal use and maintenance for a period of one (1) year from the date of shipment. The liability of Seller under this warranty shall be limited to the repair or replacement, at Seller’s option, of any part or component which may prove to be defective under normal use, service and maintenance after Seller, in its sole discretion, determines same to be defective. Said warranty is conditioned upon Buyer giving Seller immediate written notice of an alleged defect, and refrain from the attempted repair of alleged defects without prior written consent of the Seller. The Seller makes no warranty whatsoever with respect to accessories or components not supplied by Seller. For any components purchased by Seller for use or in use on or in conjunction with the equipment which is the subject of this contract, the Seller extends to the Buyer only the same warranty granted to Seller by component vendor or manufacturer.
THIS LIMITED WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES (EXPRESS OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND OF ANY NON-CONTRACTUAL LIABILITIES INCLUDING PRODUCT LIABILITIES BASED ON NEGLIGENCE OR STRICT LIABILITY. EVERY FORM OF LIABILITY FOR DIRECT SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS IS EXPRESSLY EXCLUDED AND DENIED. IN NO CASE SHALL MARATHON FINISHING SYSTEMS, INC.’S LIABILITY ON THIS WARRANTY EXCEED THE AMOUNT OF THE PURCHASE PRICE.
The performance and safety of the equipment mentioned herein is contingent upon proper installation, the use of suitable process materials and operation and regularly scheduled maintenance performed by properly trained personnel. During the warranty period, Marathon Finishing Systems, Inc. will repair or replace, free of charge, any parts which Marathon Finishing Systems, Inc. has verified to be defective in materials or workmanship. If inspection of the equipment does not disclose any defect in workmanship or material, repairs will be made at a reasonable charge, which will include cost of labor, materials, and transportation.
Should the Seller make any changes at the request of the Buyer, or due to changes in site conditions or installation requirements which occur subsequent to this proposal, the parties shall re-negotiate the price quoted herein to reflect all expenses caused by said changes.
Cancellation/Delay of Contract:
Should the Buyer delay the order once completed there will be a daily storage charge. Should the client cancel the job after order placement (Marathon’s receipt of signed purchase documents and deposit check), there will be a minimum charge of 25% of the total purchase price (including any taxes and shipping), but may be as high as 100% depending on manufacturing progress and the extent of custom fabrication.
All local, state, and/or federal approvals, licenses, and/or permits are the Buyer’s responsibility, and are to be provided by the Buyer.
This contract can neither be assigned nor performance of duties hereunder delegated without the express written consent of the parties hereto or their duly authorized agents.
Void Where Prohibited:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Marathon Finishing Systems, Inc. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
In the event of litigation both parties agree that the Law of the State of business registration of Marathon Finishing Systems, Inc. shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between you and Marathon Finishing Systems, Inc. with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Marathon Finishing Systems, Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Marathon Finishing Systems, Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.