O’Drill/MCM, Inc.

Terms and Conditions

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For the purposes of these Terms and Conditions:

O’Drill/MCM, Inc./Seller/Company: Entity that markets and sells the product and provides support and service for that product.

Customer/Buyer: Entity that buys the product or service from the Seller.

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Products: Any references herein to the term “product(s)” shall include services provided by O’Drill/MCM, Inc. Possession of, or access to, any O’Drill/MCM, Inc. catalog, literature or websites does not constitute purchase. Products may be substituted and may not always exactly match catalog descriptions and/or images. O’Drill/MCM, Inc. reserves the right to change, discontinue or modify the design and construction of any product or to substitute material originally specified.

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Prices: Prices listed do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions. All prices quoted herein will be subject to the prices in effect at the time of shipment. All prices are subject to change without notice. O’Drill/MCM, Inc. is not responsible for any typographical errors.

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Expedite Fees: All same-day shipping orders are subject to an expedite fee.

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Credit Card Fees: Payment with a credit card for any order is subject to a 3% service fee.

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Sales Acknowledgement: It is the customer’s responsibility to review the sales acknowledgement received by their sales representative via email/fax and report any discrepancies within 48 hours of receipt or before shipment, whichever comes first. After this processing period, O’DRILL/MCM will no longer assume responsibility for incorrectly placed orders.

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Cancellation Policy: Any cancellation must be approved by O’Drill/MCM, Inc. Orders cannot be cancelled by Customer under any circumstances without the customer first reaching an agreement in writing with O’Drill/MCM, Inc. covering all damages. If an order is already in production, cancellation will result in restocking or cancellation charges. A custom/special order cannot be cancelled.

 

Limited Warranty: Subject to the terms and conditions hereinafter set forth, The Company warrants products and parts sold by it, insofar as they are of its own manufacture, against defects of material and workmanship, for a period of twelve months from the date of shipment by Company. This warranty is limited to the repair or replacement, as company may elect, of any defective parts, regarding which upon discovery of the defects the customer has given immediate written notice. Company will not assume responsibility if a product is damaged by misuse or error, nor if an issue is the result of normal wear & tear. Installation and transportation costs are not included. O’Drill/MCM, Inc. will not be responsible for the warranty on product that is purchased from a third-party manufacturer. The third-party manufacturer’s warranty will apply on those products. Company has not authorized anybody to make any representation or warranty other than the warranty contained herein. In case of repaired and/or rebuilt equipment at customer’s request, the warranty will be three months for parts and workmanship from the date of shipment.

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Incorrect Order: Any issue with order (i.e. wrong product, missing product, defective product, etc.) must be reported to a representative within 30 days of receiving product. O’Drill/MCM, Inc. will make a good effort for prompt correction or other adjustment if Seller is found to be at fault. Customer must contact their sales representative with full details on issue, and include a picture for confirmation. After 30 days, Seller cannot assume responsibility for any incorrect order.

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Return Policy: Unused items may be returned within 90 days and are subject to a 20% restocking fee. Customer must contact their representative with their inquiry. If approved, a Return Material Authorization (RMA) will be emailed/faxed to the customer. The customer will be responsible to return the RMA with returned product. If O’Drill/MCM, Inc. does not receive materials within 45 days of an issued RMA, Seller will consider the return void. All items received must be in unused or good condition to be considered for a credit and items must be free of chemical/liquids.

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Resale Policy: Seller can only take responsibility for issues that occur with direct Buyer. If a product is to be resold or redistributed, it is the Buyer’s responsibility to ensure the product is correct and satisfactory within 30 days of receiving product from Seller and as well, prior to sending it out to a third-party client. O’Drill/MCM, Inc. cannot assume responsibility after it has been resold. For manufacturing defect only, Buyer may not take action on behalf of Company (i.e. provide replacement) without written Company management approval, if Company is to be held responsible.

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Repair Policy: Customer may send third-party product in for repair at a cost of $150 for inspection. If Customer agrees to repair, in writing, after receiving quote, the $150 will be deducted from the cost of repair. Customer has 30 days from receiving quote to take action, otherwise product may be disposed of from Company property.

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Freight Policy and Shipping Charges: Products are shipped F.O.B. shipping point with freight costs and handling fees paid by O’Drill/MCM, Inc. and charged to the customer. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the United States. Any extra charges incurred for additional services, such as customer’s carrier or special handling by the carrier, must be paid by the customer. If product is damaged in transit, customer must file claim with the carrier. Shipment quoted is effective as of proposal date and will be confirmed upon receipt of order, subject to availability of materials and production space. O’Drill/MCM, Inc. shall not be held responsible for delays due to causes beyond O’Drill/MCM, Inc.’s control such as strikes, riots, carrier delays, etc. All merchandise becomes the property of the customer upon delivery to the carrier.

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Risk of loss; Shipping: Risk of loss shall pass from O’Drill/MCM, Inc. to Customer at the time the products are removed from O’Drill/MCM, Inc.’s premises or, if applicable, tendered to the carrier. After risk of loss has passed to Customer, Customer shall file all claims for loss or damage with the carrier. Customer shall be liable to O’Drill/MCM, Inc. for the full price of the goods, irrespective of loss or damage in transit. O’Drill/MCM, Inc. shall not be required to provide freight cost receipts to Customer and freight charges may be estimated at the time of invoice. Shipping dates are estimates and O’Drill/MCM, Inc. shall not be responsible if delays occur despite O’Drill/MCM, Inc.’s reasonable efforts.

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Payment Terms: O’Drill/MCM, Inc. accepts cash, checks, money orders, Visa, MasterCard and American Express. For customers with established O’Drill/MCM, Inc. credit, payments made are net 30 days, advance payment and/or wire transfer from the date of shipment or pick-up. Cash discounts are not allowed. Export orders may be subject to special export payment terms and conditions. All payments must be in U.S. dollars. O’Drill/MCM, Inc. shall have the right of set-off and deduction for any sums owed, if customer fails to make payment within the set payment terms, O’Drill/MCM, Inc. may defer shipments until such payment is made or may, at its option, cancel all or any part of unshipped order. Invoices are due and payable in the set payment terms. Eighteen percent (18%) interest, attorney fees and court costs will be charged on all delinquent accounts whenever applicable.

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Taxes: Customers are responsible for all applicable taxes unless a valid sales tax exempt certificate is presented prior to or with purchase order.

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Credit Balance: Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and O’Drill/MCM, Inc. shall have no further liability.

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Force Majeure: ODRILL/MCM, Inc. shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to (1) a cause beyond its reasonable control, or (2) an act of God, act of Customer, act of civil or military authority, governmental priority, strike or other labor disturbance, flood, epidemic, war, riot, delay in transportation or car shortage, or (3) inability on account of a cause beyond the reasonable control of O’Drill/MCM, Inc. to obtain necessary materials (including energy source), components, services or facilities. Quantities so affected shall be eliminated from this contract without liability, but this contract shall otherwise remain unaffected. O’Drill/MCM, Inc. may during any period of shortage due to any of the above causes, allocate its supply of raw materials among its various uses therefore (e.g. manufacturing and sales) in such manner as O’Drill/MCM, Inc. deems practicable and allocate its supply of such goods among such various users thereof in any manner which O’Drill/MCM, Inc. deems fair and reasonable.

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Modification of Terms: O’Drill/MCM, Inc.’s acceptance of any order is subject to customer’s acceptance to all of the terms and conditions set forth in O’Drill/MCM, Inc.’s acknowledgement, and customer’s acceptance to these terms and conditions shall be presumed from customer’s receipt of O’Drill/MCM, Inc.’s acknowledgement or from customer’s acceptance of all or any part of goods or services ordered. No addition or modification of terms and conditions shall be binding upon O’Drill/MCM, Inc. unless agreed to by O’Drill/MCM, Inc. in writing. The terms and conditions in O’Drill/MCM, Inc.’s forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and O’Drill/MCM, Inc.

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