TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE AND AGREEMENT: Any conduct by Buyer which recognizes the existence of a contract pertaining to the products, the subject of said invoice (including, without limitations, acceptance of the products or payment therefore), shall constitute acceptance by Buyer of this invoice and all of its terms and conditions, which shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties and may hereafter be modified only by written instrument executed by the authorized representatives of both parties.

2. PAYMENTS: Said invoice shall be payable to Mainland Valve and Fitting, Inc’s offices in Houston, Harris county, Texas, according to the terms stated on the face of said invoice. If not so stated then said invoice is payable thirty (30) days net. Additionally, if Buyer fails or refuses to make payment in accordance with terms of this paragraph and/or the face of said invoice, MVF, Inc reserves the right to delay or discontinue further shipments of products to Buyer, under said invoice or any other, until payment is made or MVF, Inc receives assurances of performance from Buyer.

3. WARRANTY AND WARRANTY DISCLAIMER, FACTORY NEW: All materials represented as Factory New are Factory New and are warranted by the manufacturer. No other warranty is expressed or implied. Please contact us for warranty and warranty disclaimer information provided by manufacturer.

NEW SURPLUS: All materials represented as new surplus are new / unused and are warranted by Mainland Valve & Fitting, Inc. No manufacturer's warranty or other warranty is expressed or implied. MVF, Inc warrants to the Buyer that the products covered by its invoices will, for the period of one (1) year from the date of invoice, be free of defects in materials and workmanship. All warranty claims shall be presented by Buyer, in writing, within one (1) year of the invoice date, and Buyer shall afford MVF, Inc. access to and a reasonable opportunity to inspect all allegedly defective products. MVF, Inc will, at its option, replace and/or repair or without replacement and/or repair, render credit for any products which, if properly stored, handled, used and installed in accordance with the original manufacturer’s specifications, prove defective. THIS SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MAINLAND VALVE AND FITTING, INC WITH RESPECT TO THE PRODUCTS SOLD BY IT, AND BUYER SHALL BE ENTITLED TO NO OTHER OR ADDITIONAL REMEDIES. MVF, Inc shall not be liable for and the Buyer hereby waives any and all other claims for damages, whether direct or indirect, incidental or consequential; and whether based upon MVF, Inc negligence, breach of warranty, contract or strict liability in tort, including, but not limited to, claims for property damage, personal injury, delay or loss of business or profit.

USED: All material represented as used are used and are sold as-is, with no warranty and are non-returnable. No warranty is expressed or implied.

4. CANCELLATION: Prior to shipment of products covered by this invoice, Buyer may cancel its order upon written notice to MVF, Inc and upon the payment of MVF, Inc’s cancellation charges, which shall include but not limited to, a reasonable restocking charge and all cost and expenses incurred by MVF, Inc to prepare the products for and arrange shipping. Buyer may not cancel any order for products which have been specially ordered, manufactured or modified for it, nor may Buyer cancel any order after the products are loaded for shipment from MVF, Inc’s plant in Houston, Harris County, Texas.

5. RETURNS: All returns must have prior written approval by MVF, Inc and are subject to MVF, Inc’s return charges, which shall include but not limited to, a reasonable restocking charge and all cost and expenses incurred by MVF, Inc to prepare the products for shipping, and a return authorization number, supplied by MVF, Inc, must accompany all returns. Buyer may not return any products which have been specially ordered, manufactured or modified for it. All claims for packing shortages or other erroneous charges must be made in writing within ten (10) days of receipt of shipment and must be accompanied by the packing list and/or delivery ticket which accompanied shipment. All sale of AS-IS products are final and are non-cancelable and non-returnable.

6. WAIVER: Waiver by MVF, Inc of a breach by Buyer of any of the terms and conditions of said invoice shall not be deemed a waiver of any subsequent breach of that or any other term or provision of said invoice. Any breach of any term stated herein, by Buyer, reflects breach of warranty of defaulted invoice and removes any liabilities from MVF, Inc.

Terms and Conditions
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