Merrick Tool, LLC
Terms/Conditions of Sale and Warranties
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PURCHASING ANY PRODUCTS OR SERVICES FROM SELLER, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
General Terms, Conditions and Warranties
These terms, conditions and warranties (“TC&W”) apply to each purchase by an individual or entity (“Buyer”) of any tool, equipment, product or service from Merrick Tool, LLC (“Seller”). No additional or different terms, conditions or warranties will be binding upon Seller unless expressly agreed to in a signed writing by Seller. Failure of Seller to object to additional or different terms, conditions or warranties contained in any purchase order or other communication from Buyer shall not be construed as an acceptance of such additional or different terms, conditions or warranties which are expressly rejected by Seller. These TC&W are posted on Seller’s website www.merricktool.com and may be revised or updated from time to time at the discretion of Seller.
Prices and Payments
Buyer must be at least 18 years of age to purchase or place an order for any Merrick Tool, LLC product or service. Seller requires payment in advance at the time an order is placed. If, for any reason, Buyer’s payment is delayed, rejected, there is a credit card chargeback or any other reason for non-payment, Seller reserves the right not to ship the order or sell the product to Buyer. If an order has already shipped before a rejected or non-payment is discovered, Buyer must immediately remit payment to Seller by in readily available funds. If any payment is not received when a product is shipped or service provided, Buyer will pay interest to Seller at a rate of 18% per annum (but not more than the highest rate permitted by law) from the date the product is shipped or service provided until payment is actually received by Seller.
Shipments of product within Oklahoma to Buyers will be “FOB Shipping Point, Freight Collect” from Hinton, Oklahoma 73047. This means the Buyer takes ownership and delivery of the product at the time and place Seller ships the product and Buyer is responsible for paying all freight charges. Shipment to any locations within the United States but outside of Oklahoma will be shipped “FOB Destination, Freight Collect”. For this document purposes this means the Seller retains ownership until the product is delivered to Buyer and Buyer is responsible for paying, in advance, the freight for the ordered product.
Taxes and Other Charges
Sales tax, use tax, excise tax, any other tax or fee/charge imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be the responsibility of Buyer and promptly paid by Buyer.
Seller warrants products manufactured by it and supplied hereunder to be free from defects in material and workmanship for a period of 12 months from date of shipment. If within such period any such product shall be proven to Seller’s satisfaction to be defective, at Seller’s option such product shall be repaired, replaced or the purchase price for such product credited to Buyer or against Buyer’s account. Seller shall not be obligated to repair, replace or give credit for a product that has previously been repaired, replaced or credit given. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE. With regard to the Lugnut Specialty Socket, such product is designed
with a thin-walled housing for use with an impact wrench to remove and install metal-clad lugnuts used on most new vehicle wheels without damaging the metal-clad lugnut or the vehicle wheel. It is designed to withstand 600 ft-lbs of dynamic torque with an impact wrench and 150 ft-lbs with a static torque wrench. If more than these maximum torque foot-pounds are applied to the socket this warranty is voided.
New Product Returns
New products purchased from Seller may be returned only with a Return Authorization (“RA”) issued by Seller. Buyer may request an RA from Seller at www.merricktool.com. A restocking fee of 15% of the sales price will apply to any returned product. Returned products must be securely packaged to reach Seller without damage and any cost incurred by Seller to put returned products in marketable condition will be charged to Buyer. Any damages or costs to repair to returned product will be added to the 15% restocking fee.
Consequential Damages and Other Liability.
By purchasing any product or service from Seller, Buyer agrees that any damages asserted against Seller relating to the sale of such product or service shall be limited to a refund of or credit for Buyer’s purchase price or payment for such product or service.
THE LIABILITY OF SELLER ARISING FROM THE SALE OF THE PRODUCT OR SERVICE UNDER THE TERMS OF THIS WARRANTY SHALL NOT IN ANY CASE EXCEED THE COST OF REPLACEMENT OF THE PRODUCT OR SERVICE AND, IN NO CASE, SHALL SELLER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS.
This limitation of damage shall be binding on Buyer’s successors, heirs and assigns.
Governing Law, Jurisdiction and Venue
These TC&W shall be interpreted and enforced under the laws of the state of Oklahoma, without regard to conflicts of law provisions. The district court of Caddo County, Oklahoma and the United States District Court for the Western District of Oklahoma shall have exclusive jurisdiction and venue for any lawsuit arising from or related to products or services sold hereunder, to which both parties hereby consent.
In the event that any provision or portion of these TC&W are determined to be unenforceable or void, the remainder of these TC&W shall be applicable and enforceable to the maximum extent permitted by law.