Terms And Conditions
You acknowledge and agree that by placing an order with MPW Industrial Water Sales and Supplies, Inc. ("MPW") you are authorizing MPW to either charge your supplied credit card or to invoice you for the full amount of your purchase, applicable shipping costs, and taxes, if any. You acknowledge and agree that the placement of your order with MPW on this website constitutes your signature for and acceptance of such transaction and your agreement to these Aftermarket Products Terms and Conditions (these "Terms"). All sales on or through this website (or otherwise made by MPW Industrial Water Sales and Supplies, Inc.) are made in accordance with these Terms regardless of any other terms that may be in effect between the purchaser and an MPW legal entity.
- Payment. MPW accepts payment by credit card or by purchase order. MPW reserves the right to require you to register as a customer prior to accepting an offer for purchase by purchase order. By placing an order on this website, you represent and warrant that: (i) you are an agent, employee, or representative of an entity and you are authorized to purchase on behalf of such entity; or (ii) you are the owner of the payment method used, or you are an authorized user of the payment method used.
- Credit Card. MPW will cause your payment to be processed promptly after you place an order. Following processing and acceptance of your payment, MPW will prepare product(s) or cause product(s) to be prepared for shipping within a reasonable amount of time or, if preparation will take longer than reasonably expected, MPW will notify you when the product(s) will be ready for shipment.
- Purchase Order. MPW will provide an invoice by e-mail or through U.S.P.S mail to the billing address provided following receipt of your purchase order. MPW will prepare product(s) or cause product(s) to be prepared for shipping within a reasonable amount of time or, if preparation will take longer than reasonably expected, MPW will notify you when the product(s) will be ready for shipment.
- Shipping. All products purchased from MPW on this website are F.O.B. shipping point and risk of loss shall pass to the purchaser once the product is transferred to the shipping company. Products will be sent via a reputable third party service (i.e., Fedex, UPS, etc.) or from the Manufacturer, unless otherwise arranged between you and MPW. Some product prices include shipping in the listed price. All shipping charges, if any, are your sole responsibility and are non-refundable. You will immediately contact MPW if your shipment is not received within five (5) business days of the shipper's estimated delivery date. Refused packages are subject to return shipping charges assessed by the shipper, regardless of whether shipping was included in the price or charged additionally.
- Products; Pricing. All products, product descriptions, and prices listed on this website are updated by MPW as regularly as possible. Listed prices do not include any applicable sales or use taxes that may apply to your purchase. You are responsible for obtaining any licenses, permits, and inspections required with respect to installation and use of any product. MPW will charge and you are responsible to pay all taxes (including any sales and use tax, import duties, levies and other expenses) applicable to your order. MPW does not warrant that product descriptions or other website content are accurate, complete, reliable, current, or error free. Listed prices may not be the final price. MPW reserves the right to change any quoted price, with notification to you, after an order has been placed but prior to shipment.
- Cancellation. All sales are final. Once you have placed an order on this website you cannot cancel the order. MPW reserves the right to cancel any order, for any reason, at any time prior to shipment, in its sole discretion. In the event MPW cancels an order it will refund or credit you for any payments made prior to such cancellation.
- Warranty; Limitation of Liability. Products on this website covered by a manufacturer's warranty are sold with the manufacturer's warranty extended to you on request. MPW is not responsible for any shipping or labor costs related to warranty coverage on any products sold by MPW through this website. Other than applicable manufacturer's warranties, MPW offers no warranties expressed or implied for any products. MPW DISCLAIMS AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDED "AS IS" AND YOU HEREBY AGREE NEITHER MPW NOR MANUFACTURER ARE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND WHATSOEVER IN CONNECTION TO ANY PRODUCT PURCHASED BY YOU ON THIS WEBSITE. You hereby acknowledge and agree your sole remedy against any manufacturer of a product purchased on this website is what may be covered by the manufacturer's warranty, if any.
- Indemnification. You will defend, indemnify and hold harmless MPW, its officers, agents, employees, and assigns from and against any and all claims, damages, suits, liabilities, costs, charges, demands, losses and other expenses (including attorney's fees) arising out of or in connection to (i) your use of the products resulting in personal injury or injury to property; (ii) violation of any obligation you have assumed under these Terms; or (iii) violation of any of your representations or warranties.
- Returns. MPW will not accept any returns of products, except MPW will accept return of defective products covered by a manufacturer's warranty. You are responsible for all costs associated with any return and you shall bear the risk of loss for the returned product until it is received by MPW. A restocking fee may be applicable to any returns.
- Product Use. By submitting an order on this website you represent and warrant: (i) the product(s) will not be used in a nuclear facility without notification to MPW and receipt of its approval; (ii) you are not purchasing on behalf of a local, state, or federal government entity or, if you are, you have notified MPW; and (iii) you will not resell or redistribute the product(s) on a stand-alone basis.
- Website Disclaimer. This website is provided on an "AS IS" and "AS AVAILABLE" basis. MPW makes no representations or warranties of any kind, expressed or implied, as to the operation of this website. MPW does not guarantee that this website, its servers, or e-mail sent from MPW or its affiliates is free of viruses, defects, or other harmful components. You agree that YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. In addition, you hereby agree that MPW, its officers, agents, employees, and affiliates shall not be liable for any damages of any kind suffered by you from your use of this website, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages, or any loss of profits, even if you have been advised
- Governing Law; Venue. These Terms are governed by and construed in accordance with the laws of the State of Ohio without regard to its conflicts of laws principles. You acknowledge and agree that any claim you may have against MPW must be brought in a federal or state court located in Franklin County, Ohio.
- Modification; Severability. MPW reserves the right to make changes to this website, these Terms, and any other applicable policies at any time. Your continued use of this website shall constitute your acceptance of any such changes. If any portion of these Terms is deemed illegal, invalid, void, or unenforceable for any reason, that portion shall be excluded to the extent of such invalidity or unenforceability; all other terms shall remain in full force and effect.
- Entire Agreement. These Terms reflect the entire agreement between you and MPW in regard to your transactions on this website or any purchase of aftermarket parts from MPW. No other or additional terms and conditions attached to any purchase orders or sent by you with any offer, acceptance or any other communication, electronic or otherwise, shall be valid and are hereby rejected.