Terms and Conditions of Sale
1. CONTRACTS: The following terms and conditions shall be deemed included as part of any purchase order or orders placed with MowTown Blades, LLC. Purchase orders containing language that modifies, adds to or is in any way inconsistent with the terms set forth herein are accepted by MowTown Blades, LLC only on the expressed condition that any such language in such purchase orders shall be inoperative unless such language is specifically approved in writing at our Corporate Offices in Hilton Head, SC.
2. QUOTATIONS: Quotations are for immediate acceptance unless a definite time period is stated within which acceptance may be made.
3. PRICES: Unless otherwise agreed to by MOWTOWN BLADES, LLC, orders will be invoiced at the price in effect at the time order is placed. Orders deferred at the customer’s request or scheduled by MOWTOWN BLADES, LLC for shipment more than 60 days beyond order entry date will be invoiced at the price in effect on the day of shipment, unless previous arrangements are made upon order acceptance.
4. TAXES: The amount of any excise, sales, purchase, use, transaction or similar tax imposed or assessed under any effective statute with reference to products sold by MOWTOWN BLADES, LLC will be added to the purchase price. List prices and discounts are subject to change without prior notice.
5. PAYMENT: Payment is due at the time of sale on the MOWTOWN BLADES, LLC website at the price displayed on the site. In the event that a product is backordered and the order fulfilled at a later date for any reason the price charged will be that charged at the time of purchase.
6. WARRANTY: MOWTOWN BLADES, LLC warrants its products only against defects in materials and workmanship for a period of three years from the date of MOWTOWN BLADES, LLC’s shipment when its products are used for the service recommended. MOWTOWN BLADES, LLC’s liability and its customer’s exclusive remedy under this warranty or any warranty, expressed or implied, is expressly limited to refund of the purchase price, repair or replacement at MOWTOWN BLADES, LLC’s option, during said period, upon proof of the defect satisfactory to MOWTOWN BLADES, LLC, and upon the purchaser’s returning the product to MOWTOWN BLADES, LLC after securing return goods authorization for the defective material to the place designated by MOWTOWN BLADES, LLC. There are no warranties other than those contained in this agreement, and neither any representation or affirmation made nor any drawing or sample shown, will be deemed to create any warranty or standard of performance. In the event that any MOWTOWN BLADES, LLC product is modified at any place other than the point of original manufacture, this warranty is null and void. THE WARRANTY SET FORTH IN THIS PARAGRAPH IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. NOTICE OF CLAIM: Immediately upon receipt of the goods, purchaser shall inspect same. Any claim for shortage must be made within 10 days of receipt. All complaints, including claims for alleged defective goods, must be made within 15 days after the purchaser learns of the facts upon which such claim is based. All claims not made in writing and received by MOWTOWN BLADES, LLC within the specified time period will be deemed waived.
8. LIMITATION OF LIABILITY: THE EXCLUSIVE REMEDY TO WHICH MOWTOWN BLADES, LLC MAY BE SUBJECTED BY REASON OF ANY BREACH OF WARRANTY OR IN CONNECTION WITH ANY GOODS SUPPLIED BY MOWTOWN BLADES, LLC OR BY REASON OF ANY BREACH OF AGREEMENT WILL BE FOR DAMAGES, AND THE AMOUNT OF DAMAGE FOR WHICH MOWTOWN BLADES, LLC WILL BE LIABLE WILL BE LIMITED IN ACCORDANCE WITH THE PROVISIONS HEREOF. MOWTOWN BLADES, LLC’S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO PURCHASER OR ANY OTHER PERSON RESULTING FROM ANY BREACH OF ANY WARRANTY BY WHICH MOWTOWN BLADES, LLC MAY BE BOUND, FROM ANY DAMAGED OR DEFECTIVE GOODS SUPPLIED BY MOWTOWN BLADES, LLC (REGARDLESS OF WHETHER ANY SAID DEFECT WILL BE DISCOVERABLE OR LATENT), FAILURE TO DELIVER, BREACH OF AGREEMENT OR ANY OTHER CAUSE WHATSOEVER, INCLUDING MOWTOWN BLADES, LLC’S NEGLIGENCE, WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR GOODS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR AT THE ELECTION OF MOWTOWN BLADES, LLC, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED GOODS. IN NO EVENT, INCLUDING A CLAIM OF NEGLIGENCE, WILL MOWTOWN BLADES, LLC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN SECTION 2-175 OF THE UNIFORM COMMERCIAL CODE.
Without limitation to the foregoing, in no event will MOWTOWN BLADES, LLC be liable for the loss of use of the product, process, plant, equipment or facilities of the purchaser or the end-user, whether partially or wholly due to defects in material and/or workmanship and/or design by MOWTOWN BLADES, LLC’s product, and in no event will MOWTOWN BLADES, LLC be liable for expenses necessary to remove or reinstall any product supplied by MOWTOWN BLADES, LLC or for any damage to other property or equipment resulting from such removal or installation.
Damage resulting from improper storage, improper handling, improper installation or improper application of product will not be considered by MOWTOWN BLADES, LLC as its liability.
MOWTOWN BLADES, LLC will not assume any expense or liability for repairs or modifications made to its products outside its facilities, without its written consent. Equipment and accessories supplied by other manufacturers are not warranted.
9. DELIVERY: MOWTOWN BLADES, LLC processes orders within 5 days upon receipt excluding weekends and holidays. UPS is used for delivery of products purchased on our website. The time frame for delivery is under the exclusive control of UPS once the order is processed and leaves our facility.
10. FAILURE TO DELIVER: MOWTOWN BLADES, LLC attempts to ship all products within the time quoted. But MOWTOWN BLADES, LLC does not guarantee to do so, and all such delivery quotations are subject to delays occasioned by causes beyond MOWTOWN BLADES, LLC’s control. MOWTOWN BLADES, LLC will not be responsible for delays in deliveries or failures to deliver due to causes beyond its control, including, without limitation, labor troubles, fires, accidents, floods, hostilities, equipment breakdown, or inability to obtain necessary labor, material or manufacturing facilities. In the event of any such delay, the time of delivery will be extended to a period equal to the time lost by said reason of the delay.
MOWTOWN BLADES, LLC may, during any period of shortage due to any of said causes beyond its control, prorate its supply of products among all of its customers in such a manner as may be deemed equitable in the sole judgment of MOWTOWN BLADES, LLC.
11. INSPECTION: When orders are accepted subject to customer’s inspection, the products must be inspected and accepted at MOWTOWN BLADES, LLC’s manufacturing facility.
12. CANCELLATION OR CHANGES: Purchaser may cancel or change the contents or the quantities of items in their shopping cart until they click “Proceed to Checkout”, Once billing and shipping details have been entered and the purchaser clicks “Place Order” the order will be processed.
13. RETURN GOODS AUTHORIZATION: Written permission from MOWTOWN BLADES, LLC’s manufacturing facility must be secured prior to the return of goods for credit. A reasonable charge will be made to cover the cost of restocking and/or reconditioning returned goods to saleable condition unless otherwise agreed.
14. CLERICAL ERRORS: MOWTOWN BLADES, LLC reserves the right to correct clerical or stenographic errors or omissions in quotations, acknowledgements, invoices or other documents.
15. CHANGE OF DESIGN: MOWTOWN BLADES, LLC reserves the right to change or modify product design or construction without prior notice, and without incurring any obligation to make such changes or modifications on products previously or subsequently sold