TERMS AND CONDITIONS OF SALE AND WEBSITE USE
You acknowledge and agree that by placing an order with MPW Industrial Water Sales and Supplies, Inc. (“MPW”) you are authorizing MPW to have your supplied credit card charged 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 Terms and Conditions (these “Terms”). All sales on or through this website are made in accordance with these Terms.
- 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 you are at least eighteen (18) years of age, all account information provided is accurate and valid and (i) you are an agent, employee, or representative of an entity and you are authorized to purchase on behalf of such entity, (ii) you are the owner of the payment method used, or (iii) 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 MPW’s receipt of successful 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. Products will be sent via a reputable third-party service or from the manufacturer, unless otherwise agreed to in writing by 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. Notwithstanding the foregoing, 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. Products on this website covered by a manufacturer’s warranty are sold with the manufacturer’s warranty extended to you (i) on request and (ii) only to the extent allowed by the manufacturer’s warranty. MPW is not responsible for any product defects, design, or related issues. MPW is not responsible for any shipping or labor costs related to manufacturer’s warranty coverage on any products sold by MPW through this website. Other than requested 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 and extended to you as described herein, if any.
- Indemnification. You will defend, indemnify and hold harmless MPW, its parent company(ies), its affiliated companies, and the respective officers, agents, employees, and assigns of each, 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) any and all liability arising out of MPW’s sale of the product(s) to you, to the extent allowed by applicable law; (iii) violation of any obligation you have assumed under these Terms; or (iv) violation of any of your representations or warranties.
- Returns. MPW will not accept any returns of product(s), except MPW will accept return of defective product(s) covered by a manufacturer’s warranty that was extended to you as described in Section 5. MPW is not responsible for any issues related to product defects, design, or related issues. You are responsible for all costs associated with any return and you shall bear the risk of loss for the returned product(s) until it is received by MPW.
- 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 MPW’s approval; (ii) you are not purchasing on behalf of a local, state, or federal government entity or, if you are, you have notified MPW in writing; 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 MPW has been advised as to the possibility of such damages.
- Limitation of Liability. You agree that any cause of action arising out of or related to this website must commence within one (1) year after the cause of action accrues and you hereby waive any other applicable statute of limitations. Failure to assert any cause of action within one (1) year will permanently bar any and all relief. You also agree that any and all damages or remedies you seek against MPW that are not otherwise disclaimed are strictly limited to the purchase price of the product(s) related to such cause of action.
- Non-Solicitation. By submitting an order you covenant and agree that you will not directly or indirectly, on your own behalf or on behalf of any employer or principal, in any capacity solicit or induce or attempt to solicit or induce any employee of MPW to leave MPW, except for a general solicitation made to the general public. Because damages resulting to MPW as a result of your breach of this Section 10 would be impracticable to fix in an actual amount, you agree that you will be liable to MPW for liquidated damages in an amount equal to the gross compensation of the affected employee for the twelve (12) months preceding your breach of this Section.
- 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 use of, and transactions on, this website. 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 by MPW and considered void.
- Services Related to Product(s) Sold. If MPW, or an affiliated MPW company, provides any services for you related to products sold by MPW including, but not limited to, installation or repair services, then such services are governed by the then-current MPW Standard Terms and Conditions located at [INSERT LINK]. If the link in the preceding sentence does not allow you to view the applicable MPW Standard Terms and Conditions, then you must contact MPW in order to receive a copy of the applicable MPW Standard Terms and Conditions. Your inability to view via the link, or failure to request a copy of, the MPW Standard Terms and Conditions does not negate the applicability of such MPW Standard Terms and Conditions.