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Conditions of Use.
This web site ("site"), its entire contents, all
web pages found within this site, and the materials and information on
this site are provided by Machinery Depot, LLC, Mendota Heights, MN and
may be used for informational purposes only. By using this site, you
represent that you have read and understand these terms and conditions
and agree to be bound by these terms and conditions. Furthermore, by
using this site, you represent that (i) you have the capacity to be
bound by these terms and conditions and (ii) if you are acting on behalf
of a company or other entity, you have the authority to bind such
company or entity. |
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Ownership of Materials.
Except as otherwise indicated, this site and its
entire contents (collectively, the "Materials"), including, but not
limited to, the text, information, material, software and graphics
contained on this site, are either owned or licensed by Machinery Depot,
LLC. The Materials are protected by copyright, trademark and other
intellectual property laws and treaties. Machinery Depot makes no
proprietary claim to any third party names, trademarks or service marks
appearing on this site. Any third party names, trademarks, and service
marks are the properties of their respective owners. Except as provided
in the next sentence, the Materials may not be copied, reproduced,
modified, published, uploaded, downloaded, posted, transmitted, or
distributed in any way, without written permission from Machinery Depot,
LLC. You are hereby authorized to view, copy, and print the Materials
for your personal, informational, non-commercial, internal use only. Any
copy of the Materials or portion thereof must include the copyright
notice. You may not (i) modify the Materials or use them for any
commercial purpose, or any other public display, performance, sale, or
rental, (ii) decompile, reverse engineer, or disassemble software
materials, (iii) remove any copyright notice or other proprietary
notices from the Materials, or (iv) transfer the Materials to another
person. By posting a message or contributing in anyway to this site,
including, but not limited to, sending comments and e-mail to this site,
you expressly grant Machinery Depot, LLC the right to use in any way,
copy, republish or sell your message or other contribution as part of
its property. Machinery Depot, LLC reserves the right to change, update,
discontinue, restrict, or prevent access to this site or the Materials
at any time without notice. |
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Limited License.
Subject to the terms and conditions set forth
herein, Machinery Depot, LLC grants you a revocable, non-exclusive,
non-transferable, limited right to access, use, and display to this site
and the Materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the site in any way. |
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| 4. |
Copyright Notice.
© 2008 Machinery Depot, LLC. 2498 Stockbridge Rd.,
Mendota Heights, MN 55120. All rights reserved. |
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| 5. |
Trademarks.
Machinery Depot, LLC products and/or services
referenced herein are either trademarks, licensed trademarks or
registered trademarks of Machinery Depot, LLC. Other company names,
products and/or services referenced in this site may be trademarks of
their respective owners. Nothing contained on the website should be
construed as granting, by implication or otherwise, any license or right
to use any trademarks displayed on the website. Machinery Depot, LLC
will aggressively enforce its intellectual property rights to the
fullest extent of the law. Only Machinery Depot, LLC and its licensees
may use the Machinery Depot, LLC trademarks in advertising, promotional,
and sales materials. You may not use any Machinery Depot, LLC trademark
unless you have an express written trademark license from Machinery
Depot, LLC. |
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Online Privacy.
Online Privacy. Machinery Depot, LLC uses the
information that is collected from the site to, among other things,
better serve its customers. For a complete description of our online
privacy policy, see our Privacy Policy. |
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Disclaimer.
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
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THIS SITE IS PROVIDED "AS IS". MACHINERY DEPOT,
LLC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT
LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE
MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS. |
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Machinery Depot, LLC reserves the right to cancel
orders. If your order is cancelled, you will be notified in a
commercially reasonable time. |
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Machinery Depot, LLC will not be responsible for
any errors or omissions in the Materials or information provided on this
site, any articles or postings for hyperlinks embedded in messages, nor
for any loss or damage caused by your reliance on information obtained
on this site or in a hyperlink site. |
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References to third-parties, their products,
and/or services does not imply endorsement by Machinery Depot, LLC
thereof. |
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This site may contain technical inaccuracies or
typographical errors. Machinery Depot, LLC will not honor orders placed
as a result of a technical inaccuracy or typographical error. Changes
are periodically added to the information herein; these changes will be
incorporated in updates of the site. Machinery Depot, LLC may make
improvements and/or changes in the product(s) and/or the program(s)
described in this site at any time without notice. |
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Limitation of Liability.
IN NO EVENT SHALL MACHINERY DEPOT, LLC BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING
FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), ARISING
OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, OR INABILITY TO USE
THE SITE OR ANY HYPERLINK, EVEN IF MACHINERY DEPOT, LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.
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Third-Party Sites.
This site may be linked to other sites, which are
not maintained by Machinery Depot, LLC. Machinery Depot, LLC is not
responsible for the content of those sites. These links are provided for
convenience purposes and are not under the control of Machinery Depot,
LLC or its affiliates. Machinery Depot, LLC does not make any
representations and warranties, express or implied, regarding the
content of any of these linked sites. The inclusion of any link to such
sites does not imply endorsement, sponsorship, or recommendation, with
respect to any third party, any third party's site, the content of any
third party's site, or any products or services provided by a third
party, by Machinery Depot, LLC of the sites. Machinery Depot, LLC
disclaims any liability for links: (i) from another site to Machinery
Depot, LLC; and (ii) to another site from Machinery Depot, LLC. In order
to link to Machinery Depot, LLC, all users must comply with Linking
Terms. Once you link to another site, you are subject to the policies of
the new site. |
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Linking Terms.
By linking to our site, all "Linkers" accept and
acknowledge the following terms of linking: Linker agrees that it will
not at any time do or cause to be done any act or thing in any way
impairing the image/reputation of Machinery Depot, LLC. In connection
with the use of the Machinery Depot, LLC tradename/reference, Linker
shall not in any manner represent that it is endorsed by Machinery
Depot, LLC or that Linker is acting in a representative capacity of
Machinery Depot, LLC. Except for the uses set forth herein, Linker shall
not utilize the Machinery Depot, LLC name nor its relationship with
Machinery Depot, LLC for purposes of or in any manner which
intentionally gives rise to advertising or publicity, unless Machinery
Depot, LLC shall consent to such use in writing prior to publication.
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Regardless of the foregoing, Machinery Depot, LLC
reserves the right to rescind this consent with or without cause at any
time. In such event, Linker shall remove its link to the Machinery
Depot, LLC site within 24 hours of receipt of notice from Machinery
Depot, LLC. |
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LINKER EXPRESSLY AGREES THAT USE OF MACHINERY
DEPOT, LLC MATERIALS AND SITE IS AT LINKER'S SOLE RISK. MACHINERY DEPOT,
LLC DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE. MACHINERY DEPOT, LLC PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY
OF ANY KIND. MACHINERY DEPOT, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL MACHINERY DEPOT, LLC BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY
OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES
DESCRIBED HEREIN. |
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Non-Confidential Information.
All communications, including suggestions,
questions, ideas, and/or comments concerning any and all products and
services listed in this website shall not be considered confidential or
proprietary information. Such information may be disseminated or used by
Machinery Depot, LLC for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, all personal data provided to Machinery
Depot, LLC will be handled in accordance with Machinery Depot, LLC's
Online Privacy Practices. |
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Revisions.
Machinery Depot, LLC may at any time revise these
Terms of Use by updating this posting. By using this site, you agree to
be bound by any such revisions and should therefore periodically visit
this page to determine the then current Terms of Use to which you are
bound. |
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Jurisdiction.
This site is managed by Machinery Depot, LLC from
its office within Minnesota, United States of America. These terms shall
be governed by and construed in accordance with the laws of the state of
Minnesota, without giving effect to any principles of conflicts of laws.
Your use of this site represents your irrevocable consent to the
exclusive jurisdiction of Minnesota. |
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| 1. |
PURCHASE.
Upon Machinery Depot, LLC's acceptance of a
Customer's order, a firm contract for the purchase and sale of the
Supplies will be formed between Machinery Depot, LLC and Customer, and
shall incorporate all the terms set forth herein. These terms and
conditions shall not be altered or amended by the use of any document(s).
Any attempt to alter this document or to enter an order for Supplies
which are subject to additional and/or altered terms and conditions will
become null and void, unless otherwise agreed to in a written agreement
signed by both parties. |
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DELIVERY.
Except for machinery, technology, and special
orders, Machinery Depot, LLC will ship all Supplies to Customers within
one (1) business day for most orders. All orders received after 5 p.m.
local time of the ship-to location shall be considered received by
Machinery Depot, LLC on the next business day. All orders shall be FOB
point of origin, with freight prepaid billed to you. The delivery time
all orders shall be confirmed to you on an order-by-order basis. Some
technology products might not be available for next-day delivery.
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WARRANTY.
Machinery Depot, LLC warrants that Machinery
Depot, LLC is the legal and rightful owner of the Supplies or that it is
legally licensed and/or authorized to sell and/or distribute Supplies
being purchased hereunder. All Supplies delivered hereunder will be free
and clear of any and all encumbrances of any kind. |
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Customers acknowledge that Machinery Depot, LLC
is not the manufacturer of any of the Supplies purchased hereunder.
Other than the warranties set forth above, any warranty with respect to
the Supplies must come from the manufacturer. Machinery Depot, LLC will
pass through to Customers any applicable warranties of the manufacturer
to the extent permissible. Notwithstanding anything to the contrary,
Machinery Depot, LLC's liability is limited to the replacement value of
the Supplies. |
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THIS WARRANTY SUPERSEDES ALL INCONSISTENT
PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR
OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. MACHINERY DEPOT, LLC
DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY,
SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. |
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LIMITATION OF LIABILITY.
Notwithstanding anything to the contrary, in no
event will Machinery Depot, LLC be liable for any indirect, special,
incidental, or consequential damages, whether based on contract, tort,
or any other legal theory, including without limitation loss of data or
its use, loss of profits, loss of business, or other economic damages,
even if advised of the possibility of such loss or damage. |
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RETURNS.
Machinery Depot, LLC shall accept returns on a
case-by-case basis at the sole discretion of Machinery Depot, LLC. All
returned orders are subject to a minimum restocking fee of 15%.
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TAXES.
Customer shall be responsible for any state or
local tax (excluding taxes based on Machinery Depot, LLC's income or
profits) that results from the transfer of title or sale or delivery of
the Supplies purchased hereunder unless a valid and correct tax
exemption certificate is furnished to Machinery Depot, LLC prior to
delivery. |
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PAYMENT.
Payment is due and payable net 10 days from the
date of invoice. Late payments shall be assessed a late payment charge
at the rate of 1½% per month, but in no event to exceed the maximum
allowable by law. |
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CREDIT LIMITS.
Credit limits and terms shall be subject at all
times to Machinery Depot, LLC's credit policies, as amended from time to
time. |
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RESERVATION OF RIGHTS.
Machinery Depot, LLC reserves the right to change
at any time without notice these terms and conditions of sale.
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MUTUALITY.
All debts and obligations of Machinery Depot, LLC
and Customer to each other are mutual and subject to setoff; for
purposes of this sentence, Machinery Depot, LLC and Customer shall be
deemed to include each of the parties' respective subsidiaries and
affiliates which directly or indirectly control or are controlled by
such party through 100% equity ownership. |
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NOT FOR RESALE.
Customer agrees and represents that it is buying
for its own internal use only, and not for resale. Machinery Depot, LLC
reserves the right to limit quantities. |
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