Mazzella Companies Terms & Conditions
We have a minimum order policy of $100.00.
Quick response is given to all written or phone inquiries. Our trained personnel will supply you with current cost and delivery, as well as the latest technical information available.
Service & Quality
Our goal is to build customers through quality products and prompt service. We will make every effort to guarantee your complete satisfaction.
Standard terms are Net 30 (on approved credit). We reserve the right to add a service charge on all amounts not paid within thirty (30) days. All shipments are F.O.B. shipping point or customer pick up at our dock.
Unfortunately, we cannot control prices changed by our suppliers. Therefore, shipments will be invoiced at prices in effect at the time of shipment. Prices, terms and conditions are subject to change without notice.
All taxes required by law will be added to invoices unless a tax exemption certificate is on file with us.
Material may only be returned with prior authorization from Mazzella Companies. Specially cut, ordered or fabricated material may only be returned if resale is determined possible or if material can be returned to our suppliers. Freight and restocking charges may be assessed.
WARRANTIES AND LIMITATION OF LIABILITY WARRANTIES:
Mazzella Companies (“Mazzella”) warrants to a customer of Mazzella’s products (the “Purchaser”), that the equipment designed and manufactured by Mazzella and sold to the Purchaser (collectively, the “Equipment”) shall be free from defects in materials and workmanship under normal use and service by the Purchaser, for a period of one (1) year from the date such Equipment is sold by Mazzella to the Purchaser or 60 days on an import product; provided that the foregoing warranty is conditioned upon such Equipment being operated at all times completely in accordance with generally approved practices as specified by Mazzella service instructions and provided that the Purchaser notifies Mazzella or its area representative in writing as soon as any defect becomes apparent. For all units and accessories Manufactured By Others (collectively, the “Accessories” and individually an “Accessory”) which are sold by Mazzella to the Purchaser in conjunction with the Equipment, the period for the foregoing warranty shall be equal to the lesser of: (a) one (1) year from the date such Accessory or Accessories are sold by Mazzella to the Purchaser, or (b) the warranty period as provided by the original manufacturer of such Accessory or Accessories. “Manufactured By Others” shall mean designed, produced or manufactured by any person or entity other than Mazzella and shall include but not be limited to the following: Instrumentation: Electrical or Pneumatic Components; and Power Transmission Components. Mazzella’s liabilities under the foregoing warranties shall be limited to the repair or replacement, at Mazzella’s sole option and discretion, of the defective part or material F.O.B. shipping point excluding labor for removal or replacement of such parts or material. The foregoing warranties are in lieu of any and all other warranties against defects in material or workmanship, expressed or implied. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MAZZELLA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSLY OR IMPLIEDLY, CONCERNING THE EQUIPMENT, THE ACCESSORIES, OTHER PRODUCTS, ANY DOCUMENTATION FOR THE FOREGOING, ANY MAINTENANCE SERVICES TO THE FOREGOING OR ANY OTHER SERVICES TO OR FOR THE FOREGOING. MAZZELLA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAZZELLA DOES NOT WARRANT THAT THE EQUIPMENT AND/OR THE ACCESSORIES WILL MEET THE REQUIREMENTS OF THE PURCHASER OR WILL OPERATE IN THE MANNER THAT MAY BE SELECTED FOR USE BY THE PURCHASER OR THAT THE OPERATION OF THE EQUIPMENT AND/OR ACCESSORIES WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL MAZZELLA BE LIABLE TO THE PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY ACTIONS, CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES AND/OR LIABILITIES ARISING FROM OR RELATING TO THE DESIGN, USE, FAILURE OR INTERRUPTION OF THE EQUIPMENT AND/OR ACCESSORIES OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OR OTHER FINANCIAL LOSS ARISING OUT OF THE USE OR FAILURE OF THE EQUIPMENT AND/OR ACCESSORIES, EVEN IF MAZZELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH ACTIONS, CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSE, LOSS AND/OR LIABILITIES. MAZZELLA’S SOLE AND AGGREGATE LIABILITY TO THE PURCHASER AND ANY OTHER PERSON OR ENTITY FOR ANY ACTIONS, CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES, LOSSES AND/OR LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM THEREOF, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO FIFTY PERCENT (50%) OF THE AMOUNTS PAID TO MAZZELLA BY THE PURCHASER FOR THE PURCHASE OF ANY DEFECTIVE EQUIPMENT AND/OR ACCESSORIES (AS APPROPRIATE).