Conditions of Sale and Warranty

The following terms and conditions shall be deemed a part of every purchase order accepted by Modular Web Solutions not withstanding any inconsistent or additional provision contained in the purchase order, unless an officer of Modular Web Solutions has agreed in writing to the inconsistent or additional provision.

DURATION OF QUOTATION:

Each quotation shall be effective sixty (60) days from its date.  Any quotation is subject to change by Modular Web Solutions at any time before acceptance.

PAYMENT:

The BUYER shall pay for goods according to the terms of payment quoted to the BUYER in writing.  If the BUYER delays any work or shipment, payment shall be made on the purchase price and the percentage of completion as determined by Modular Web Solutions.

LATE CHARGES:

Any payment of the purchase price not paid by the BUYER within ten (10) days after the date on which said payment is due shall bear interest at the rate of 1-1/2% per month from such due date until payment.

INSTALLATION:

Unless otherwise stated in writing, the equipment sold and described in each quotation is for installation and interconnection by the BUYER. BUYER will supply all necessary labor, material, and permits to properly install this equipment in accordance with Modular Web Solutions’ specific instructions.  Modular Web Solutions will not be responsible for moving any machinery, pipe fitting, electrical work, or any other direct labor.  Modular Web Solutions recommends that it or one of its authorized representatives supervise BUYER’S installation, start-up and testing of the equipment. If BUYER requests Modular Web Solutions to supervise these procedures, in addition to all other costs provided hereunder, BUYER shall promptly pay Modular Web Solutions for such services at Modular Web Solutions’ then current rates.  If BUYER installs and starts up the equipment without Modular Web Solutions’ supervision, BUYER shall have the sole responsibility for all installation procedures.  Compliance with any and all local, state and federal requirements is the responsibility of the BUYER.

DELAYS:

Any delivery date for the equipment acknowledged by Modular Web Solutions is a desired and not a promised date.  Modular Web Solutions shall not be liable for any damage to or loss of the equipment or any delay in or failure to deliver, service, repair or replace that equipment arising from shortage of raw materials, labor disputes of any kind, fire, windstorm, flood, theft, war, embargoes, governmental acts or rulings, loss of damage or delays in carriage, acts of God, or any other circumstances beyond Modular Web Solutions’ control.  Modular Web Solutions will make all reasonable efforts to meet the delivery schedule set forth in the order confirmation, but shall not be liable for failure to do so.  Unless otherwise indicated on the BUYER’S order, Modular Web Solutions will ship by the most economical, expeditious and dependable means of transportation.

WARRANTY:

Modular Web Solutions will repair or replace, free of charge, F.O.B. Greenville, Wisconsin, any mechanical part of the equipment which Modular Web Solutions determines to have failed within one year of shipment because of defective design, materials, or workmanship under normal use and service.  Prior to said repair of replacement, Modular Web Solutions shall have the right to examine the mechanical part of the BUYER’S plant or at Modular Web Solutions’ plant in Greenville, Wisconsin.

This warranty shall not apply to any machine or part repaired or altered outside Modular Web Solutions’ factory, operated or installed contrary to instructions, or subject to misuse, negligence, or accident.

(Modular Web Solutions will pass through only the warranty implied by our existing O.E.M. and vendor suppliers)

THE WARRANTIES PRINTED ABOVE ARE THE ONLY WARRANTIES APPLICABLE TO THE GOODS.  ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.

LIMITATION OF LIABILITY;

BUYER agrees that Modular Web Solutions’ liability and BUYER’S remedy for damages, whether in contract, in tort, under any warranty, in negligence, or otherwise, shall not exceed the amount of the purchase price paid.  Under no circumstances shall Modular Web Solutions be liable for consequential or special damages or for costs of removal or shipment.  The price stated for the goods is based upon and in consideration for limiting Modular Web Solutions liability.  No action arising out of the transactions under this agreement may be brought by BUYER more than two years after the date of shipment of the equipment.

DEFAULT:

Upon BUYER’S failure to pay or otherwise perform in accordance with this Agreement, all amounts owing to Modular Web Solutions by BUYER shall at Modular Web Solutions option and without notice become immediately due and payable.  In addition to all the rights and remedies of a secured party under the Wisconsin Uniform Commercial Code and other applicable law, Modular Web Solutions may require BUYER to assemble the equipment for shipment at a place designated by Modular Web Solutions which is reasonably convenient to both parties, and/or may take immediate possession of the equipment, or render it unusable and sell, lease or otherwise dispose of it in whole or in part, at public or private sale, on or off the premises of BUYER.  Upon default, BUYER shall be liable for all costs of collection and realization on the equipment collateral, including Modular Web Solutions’ attorney’s fees if placed in the hands of an attorney for collection.

NONWAIVER:

Modular Web Solutions’ failure to enforce or declare a default with respect to any particular term or condition of this Agreement shall not be considered a waiver of Modular Web Solutions’ right to enforce or declare a default with respect to any other term or condition or, on a subsequent occasion, with respect to that particular term or condition.

All shipments are F.O.B. Greenville, Wisconsin, and at the risk of the BUYER after delivery to carrier, unless otherwise stated.

TAXES:

Prices quoted do not include taxes.  The BUYER shall pay any and all use, sales, privilege, or other taxes imposed by the federal, state and local laws.

APPLICABLE LAWS:

The laws of the State of Wisconsin in force shall govern each transaction at the date hereof.  The Courts of Wisconsin shall have exclusive jurisdiction over all controversies arising out of or in connection with each transaction.

Field Service Rates

Please contact us for current Field Service Rates.