Terms and Conditions Of All Sales
MTE is referred to herein as the seller; the purchaser of any of the seller’s goods or service is referred to herein as buyer.
ACCEPTANCE OF ORDER, JURISDICTION: Acceptance of any order by seller is subject to credit approval. Acknowledgment of any order by buyer shall constitute the making of a contract and the transaction of business within the state of New York.
Prices, Taxes, and Interest:
Prices quoted herein are subject to change without notice unless otherwise noted. Any change in quantities, partial release, or destination may incur a price adjustment. Prices shown do not include any freight charges or sales, excise or other governmental charge payable by seller to Federal, State, or Local Authority and any such freight charges or taxes now or hereafter imposed upon sales or shipments will be added to purchase price. Buyer agrees to reimburse seller for any such tax or provide seller with acceptable tax exemption certificate.
Orders are accepted only at the prices shown on seller’s current price list, and further understand that all invoices will be priced from current prices in effect at time of shipment. Any variance must be made in writing and signed by an officer of seller. All prices are “FOB” shipping point, unless otherwise stated.
Terms of payment are subject to approval of seller’s Credit Department. Buyer agrees to make prompt payment of invoices due; whether for complete or partial shipment. Invoices not retired within the 30th day, shall be subject to a service charge of 1 1/2% per month, which is equivalent to an annual rate of 18%.
In the event buyer fails to pay for any shipment when same becomes due, or should buyer’s account become otherwise delinquent, seller may, at its option, either terminate this contract or refuse to ship or deliver goods under this or any other order until such delinquency is cured. Should buyer’s financial condition become unsatisfactory to seller, cash payments or security satisfactory to seller may be required by seller for deliveries and/or goods or services therefore delivered. Buyer agrees to pay all cost of collection including court cost and/or reasonable attorney’s fees.
Delay In Delivery:
Seller is not to be accountable for delays in delivery if caused in whole or part by any action Federal, State, or Local Government Agency or Department or Official thereof or if caused by, but not limited to, strike, fire, floods, accidents, delays of carrier, wars, riots, or embargo delays, shortages of transportation, equipment, fuel, labor or materials or any circumstances or causes beyond the control of seller in the reasonable conduct of its business.
In the event of any breach of the contract of sale, including any warranty provisions incorporated therein, buyer’s exclusive remedy shall be for damages and seller’s total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort, or otherwise) shall in no event exceed the purchase price of the goods or services with respect to which such cause arises or, at seller’s option, the repair or replacement of such goods or services. In no event shall seller be liable for “Incidental”, “Consequential”, or punitive damages resulting from any such causes, and recovery for such damages, as the quoted terms are defined in the New York Uniform Commercial Code, is hereby expressly excluded.
Claims By Buyer:
Seller’s responsibility to buyer ceases upon receipt from carrier of a bill of lading or other receipt for goods. All goods are shipped at buyer’s risk; all claims for damage or shortage in transit must be filed by buyer against carrier, and prosecution of such claims shall be buyer’s sole responsibility. Buyer agrees to examine and inspect each shipment of goods for any damage, defect, or shortage promptly upon a receipt of such shipment. All claims for factory damage, defect, or shortage must be made in writing, and must be received by seller at its business in West Henrietta, N.Y. within fourteen (14) days after receipt of goods by buyer, specifically describing buyer’s claim and making reference to seller’s bill of lading and order numbers. Failure of seller to receive said written notice of any such claim within the above time period shall be deemed an unqualified acceptance of the goods by buyer and an absolute any unconditional waiver by buyer of any such claim.
This order may not be canceled by buyer after material has been purchased except upon express agreement of buyer to pay for all expenses incurred by seller and a reasonable projection for profit, all as determined by seller. Seller shall have the right to cancel this order in the event of buyer’s delinquency in payment as aforesaid, for any acts or omissions of buyer that delay seller’s performance hereunder, or in the event of buyer’s bankruptcy or insolvency. Seller shall not be required to accept return of any parts, material or equipment unless buyer has first received seller’s return authorization number; provided the product is in new, unused condition in current production and regularly carried by seller as stock item. Special order items, parts, material, or equipment are non-returnable. All returns will be refused unless shipped prepaid by buyer to destination specified by seller. All returns are subject to a restocking charge.
Modification Of Contract:
No terms and conditions other than those stated herein, and no agreement or understanding in any way purporting to modify these terms or conditions whether contained in buyer’s purchase order, shipping release, or elsewhere, shall be binding on seller. All proposals, negotiations, and representations, if any, made prior to the date hereof are merged herein.
Seller reserves the right to change its prices, specifications, terms, designs, and to add to or discontinue products or product lines from time to time without notice.
All components, parts and accessories furnished to seller by third parties, such as tractors, mowers, electric motors, gas engines, tanks, controls and etc., are sold with such warranties that may be extended by the original manufacturer or that product to the seller. Seller makes or extends no other warranties of any kind and THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTE: In many cases this warranty does not include any labor or shipping expenses of any kind. In no event is seller responsible for consequential damages. This warranty is in lieu of all other warranties expressed or implied and shall not apply to any equipment which has been subject to misuse, neglect, or accident, nor shall it apply to any equipment which has been repaired or altered by any person not authorized by original manufacturer. Buyer is responsible for installation and operation in accordance with the original manufacturer’s instructions.
Seller does not authorize any person to extend any terms and/or conditions that are in variance to these terms stated herein. Any terms that assumes for seller any further liability or obligation in connection with the sale, servicing, repairs, or replacement of any product; is hereby expressly excluded.
All Shipments may be subject to additional handling charges.
WAIVER: Failure of the buyer to object in writing within five (5) days of receipt of terms and conditions set forth herein shall be deemed an acceptance of these terms and conditions of sale by buyer.
Website Terms and Conditions
Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
Privacy and Electronic Communication
To understand our practices, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link our without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel
your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by us and/or our dealers.
Your shopping cart reflects an estimated shipping cost, based on the shipping method you chose. This cost assumes all items in your cart are going to a single address within the contiguous United States. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When we process your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice.
You may return most new, unopened items which were not special orders within 30 days of delivery for a full refund. Items should be returned in their original packaging. We’ll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). All returns will be subject to a 15% restocking fee. Special order items may be returned at our discretion. We will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more than 30 days after delivery. If you would like to make a return or exchange, you must contact us by phone or email and receive an RMA number before returning your items. Items returned to us without notification will not be eligible for a refund or exchange.
Disclaimer of Warranties and Limitation of Liability
This site is provided on an “as is” and “as available” basis. Neither we nor our dealers make any representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your
use of this site is at your sole risk. To the full extent permissible by applicable law, we and our dealers disclaim all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or email sent from us, our dealers or affiliates free of viruses or other harmful components. We, our dealers and affiliates will not be liable
for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential
damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.