PAYMENT:   Payments may be made by Prepayment, Credit Card or Open Account*.  Open Account Terms are as specified on the Invoice. When using a credit card or PayPal for payment, all sales are final.

* An open account is a privilege extended at McShane, Inc.’s discretion to those firms that are favorably rated in Dunn & Bradstreet, and / or have had a previous satisfactory account with McShane, Inc. The privilege of an open account can and will be withdrawn when a firm abuses the privilege by delaying payment beyond the terms stated on this confirmation for any reason.

DELIVERIES:   Purchaser’s requested delivery schedules will be met by us to the best of our ability. Any delivery promise, however, only represents our best estimate of the time required to make shipment. We cannot assume any liability, consequential or otherwise, because of failure to deliver, or not to deliver on schedule, for any reason. Delivery of samples or any part of an order does not constitute an obligation to make further deliveries. We reserve the right to reject an order, in whole or in part. 

PRICES:   Prices are in United States Funds unless otherwise noted.

TOOLING:   Title to dies, jigs, fixtures, patterns, software source code or any other tooling shall remain vested in the Seller, whether or not paid for or amortized over the products manufactured hereunder to the Purchaser.

TAXES:   Unless otherwise specified, all prices are quoted, exclusive of Federal, State, and Local Excise, Sales, and similar taxes. These charges, when applicable, will be charged as separate additional items on the Invoices, unless, and then only to the extent exemption certificates properly executed in approved form are in our possession before shipping.

TRANSPORTATION:   All shipments are F.O.B. Medina, Ohio or F.O.B. from our manufacturer or distributor, and shipped per customer request or Best Way. Orders with multiple destinations will be charged $5.00 each per extra destination.

QUOTATIONS:   Unless specified differently on the quote, all written quotations automatically expire unless accepted within 60 days from the date quoted. However, all quotations are subject to change, with or without notice, within this 60 day period. Verbal quotations expire the same day they are made. Quotations, to be binding, must list the actual quantities involved. All stenographic and clerical errors are subject to correction.

LIMITED WARRANTY:   Seller warrants each new product sold to be free from defects in material and workmanship under normal use and service. The obligation and liability of Seller under this warranty is limited to the repair or replacement at its factory, at the option of the Seller, of any such product, which proves to be defective within one (1) year after delivery, and is found to be defective in material or workmanship by Seller inspection.

Seller shall not be obligated or liable under this warranty for apparent defects which examination discloses are due to tampering, misuse, neglect, and normal wear and in all cases where the products are disassembled by other than authorized Seller representatives. 

Seller disclaims any liability arising from any failure of its products which is caused by, in whole or in part, the use in or with products or component parts not manufactured by seller, or by an alleged defect related to design, labeling or manufacturing specification supplied by buyer.

Seller does not warrant for suitability of purpose.

Seller’s liability for all claims, whether based on breach of contract, negligence, product liability, or otherwise relating to the products, shall not exceed the dollar amounts paid by buyer under this contract.  In no event will seller be liable for any punitive, special, incidental or consequential damages (including without limitation, loss of use, loss of profit and claims of third parties), however caused, whether by the negligence of seller or otherwise.

TERMINATIONS AND HOLD ORDERS:   The purchaser may terminate any order at any time upon written notification, to the extent hereinafter provided and subject to the following conditions:

 The purchaser will___

1. Accept delivery of and pay for, at current prices, all of the material completely manufactured by or for McShane, Inc.
2. Pay all costs direct or indirect, incurred by McShane, Inc., on that portion that is not finished and/ or ready for shipment on the day of termination notice is received by McShane, Inc. “Hold” orders and “stop work” orders are considered to be termination notices and are subject to the above conditions. It is understood that  McShane, Inc. will exert every effort to reduce costs by diverting, when possible, complete materials, work in process, and raw materials on order.

RETURNS & ADJUSTMENTS:   When using a credit card or PayPal for payment, all sales are final. With other payment methods, all returns must be authorized and no return will be accepted unless authorized. As stated in the Limited Warranty above, Seller does not warrant for suitability of purpose. In no case will credit be issued to cover physical damage incurred in transit. Authorization and shipping instructions may be obtained from McShane, Inc. All returned material not eligible for adjustment will be immediately returned to the customer, transportation collect, unless we have the customer’s specific authority to scrap. All credit allowed will be at prices in effect on the day the return was originally purchased, less handling and re-stocking charge (when applicable) of 30% or more. McShane, Inc. can accept no charges for packaging, inspection, shipping, or other cost in connection with any unit returned for adjustment.