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terms-of-useage

Quotations

Any drawings, specifications, or other data attached to any quotation furnished by Mid Iowa Tools, Inc., McNeal Tool Company, or Metro Tool & Abrasives (“Seller”) shall be deemed to be a part thereof.  Any written quotation of Seller is subject to and shall not be binding upon the Seller until (a) the actual receipt by the Seller at any of its then existing offices of Buyer’s written order based upon all the terms and conditions hereof, without qualification, within thirty (30) days after the date of said quotation and (b) Seller’s acceptance of such order at any of its then existing offices.

 

Buyer’s Order

Buyer’s order shall be deemed to incorporate without exception, all of the terms and conditions hereof, not withstanding any printed order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary, in a writing apart from the printed provisions of such order, and no acknowledgment by Seller, or reference to an order of Buyer, shall be deemed to be an acceptance by Seller of any such additional or contrary printed terms or condition.  In the event of a written request, by the Buyer, for additional or contrary terms or conditions, then such modifications may only be made in these terms and conditions by a written instrument signed by one of Seller’s officers.

 

Governing Law

All sales and agreements shall be governed and constructed for all purposes, including, but not limited to Seller’s obligation or liability respecting its products, according to the laws of the State of Iowa.  Buyer and Seller agree that any dispute arising out of the Buyer’s purchase of the goods or the Seller’s sale of the goods will be resolved in a court of competent jurisdiction in Linn County, Iowa.

 

Prices and Payment

Unless otherwise specified, Buyer agrees to pay or reimburse Seller for all shipping charges incurred or assessed by Seller, and payment shall be net cash, per invoice terms, paid to Mid Iowa Tools, Inc., McNeal Tool Company or Metro Tool & Abrasives at PO Box 788, Cedar Rapids, IA 52406.

 

Shipment, Shipping Date

Shipment will be by freight unless otherwise specified.  Shipping dates are approximate and are based determent, at Buyer’s request, of shipment beyond the respective dates indicated will be made, except on terms that will indemnify Seller against all loss and additional expense, including, but not limited to demurrage, handling, storage and insurance charges.

 

Restocking Charge

Buyer agrees to pay Seller, upon return of merchandise, return freight to the final destination of the merchandise, as designated by Seller, and to pay the restocking charge at the rate which Seller may designate from time to time.

 

Cancellation

After acceptance by Seller, orders shall not be subject to cancellation except with the Sellers consent and upon terms that will indemnify the Seller against loss.

 

Risk of Loss

Delivery of products to a common carrier or licensed trucker shall constitute delivery to Buyer, and all risk of loss or damage in transit shall be borne by Buyer.

 

Warranty

THE SELLER MAKES NO WARRANTY, EXCEPT THAT OF TITLE, OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT AS CONTAINED HEREIN.  ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED, SELLER EXCLUDES ALL WARRANTIES FOR MERCHANTABILITY AND BUYER AGREES TO TAKE GOODS ON AN “AS IS” BASIS.  SELLER LIMITS BUYER’S REMEDIES TO THE REPLACEMENT OF NON-CONFORMING GOODS OR PARTS.  The Seller warrants that parts supplied or distributed by it will be as specified and extends no warranty, whatsoever, beyond the warranties, if any which may be extended by the original manufacturer of the parts, which warranties are the sole responsibility of the manufacturer and not the Seller.  The Seller’s liability under this warranty shall be limited to the repair or replacement, or the repayment of the purchase price, or the granting of a reasonable allowance (as Seller may elect) for any part which, upon return to Seller, is found to be defective at the time of shipment, provided Buyer notifies the Seller of any such defect within ten (10) days of its discovery, but in no event later than sixty (60) days from the date of shipment of such part by the Seller.  Repairs or replacements shall be made by the Seller f.o.b. point of shipment.  The remedies of the Buyer set forth herein are exclusive, and the total liability of the Seller with respect to this or any prior or subsequent order, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise shall not exceed the purchase price of the part upon which liability is placed. The Seller or its supplier shall in no event be liable to the Buyer, any successors in interest or any beneficiary of this order for any consequential, incidentally indirect, special or punitive damages arising out of this order or any prior or subsequent order, or any breach thereof, or any defect in, or failure of, malfunction of the parts hereunder, whether based upon loss of use, lost profits or revenue, interest, lost good will, work stoppage, impairment of other goods, loss by reason of shutdown or non-operation, increased expenses of operation or claims of customers or Buyer for service interruption whether or not such loss is based on contract, warranty, negligence, war, force of arms, fire, the elements, riot, labor disputes, accidents, any governmental action, prohibition or regulation, delay in transportation, shortage of, or inability to obtain or non-arrival of any material or equipment used in the manufacture of the products covered hereby or the failure of any party to perform any contract with Seller relative to the production of such products, or from any cause whatever beyond the Seller’s reasonable control whether or not such cause is similar or dissimilar to those enumerated.

 

Nuclear Liability

In the event that the parts or products sold hereunder are to be used in a nuclear facility, the Buyer hereby releases and agrees to indemnify the Seller and its suppliers for any damage, including loss of use, in any manner arising out of a nuclear incident whether alleged to be due, in whole or in part, to the negligence or otherwise of the Seller or its suppliers.

 

Amendment only by Writing

These terms and conditions will not be amended, modified or receded except by written agreement signed by an authorized official of both the Buyer and Seller expressly referring hereto.

 

Default

In the event Buyer does not pay when due or does not comply with any provision hereof, or if a proceeding in bankruptcy, receivership or insolvency instituted by or against the Buyer, or any representation or statement made by Buyer to obtain credit from Seller proves false or misleading the Buyer shall be in default hereunder.  Upon default in payment, or upon breach or failure to observe any other part of this contract, Seller may, at this option, without notice declare the entire unpaid balance, immediately due and payable.  Seller shall have all rights and remedies for default provided by the Uniform Commercial Code and any other applicable law.  With respect to such rights and remedies:

1.    It is expressly understood and agreed by the Buyer that Seller may retake possession of the goods sold without resort to prior hearing or any other judicial process, enter upon any premises where the goods may be located.

2.    Seller may require Buyer to assemble the goods and to make the same available to Seller at any convenient place designated by Seller.

3.    Buyer shall reimburse Seller for any expenses incurred by Seller in protecting or enforcing its rights under this contract, including without limitation reasonable attorney’s fees and legal expenses and all expenses of taking possession, holding, preparing for dispositions, and disposing of goods.  After deduction of such expenses Seller may apply proceeds of disposition to the obligations in such order and amounts as it elects.

4.    No failure on the part of the Seller to exercise any of its rights hereunder shall be deemed a waiver of such rights or of any default.

 

Security Agreement

1.    Buyer grants to Seller a security interest in the goods purchased from Seller to secure the payment of this and any other obligation of the Buyer to the Seller.

2.    All the Buyer’s right, title and interest in, to and under the following, whether presently existing or hereafter acquired:  (i) the goods purchased from Seller and all attachments and accessories to such goods; and (ii) all proceeds of the foregoing including, without limitation, proceeds of insurance policies insuring any or all of the foregoing or any guarantee or warranty, payable by reason of loss or damage to or otherwise with respect to any of the foregoing. 

 

 

Shipping Information

 

Shipping Policy

A $5 shipping and handling fee is charged on orders totaling less than $50 before tax and shipped to one address within the continental United States.

UPS is our primary parcel carrier and we use a variety of carriers for LTL shipments.

Title and risk of loss pass to customer upon tender of shipment to carrier.

 

Shipping Policy Exceptions

Not all products qualify for the above Shipping Policy. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.

Mid Iowa Tools/Metro Tool & Abrasives Company/McNeal Tool Company (MIT) accepts orders for shipments within the continental US, Alaska and Hawaii. Orders to international destinations will not be processed. MIT does not ship to PO Box addresses.

 

 

Website Terms of Access

Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Property”), and the features at this Property, are subject to these Terms of Access (“Terms”). By accessing this Property in any way, including, without limitation, browsing this Property, using any information, and/or submitting information to Mid Iowa Tools/Metro Tool & Abrasives Company/McNeal Tool Company (MIT), you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Iowa law.

From time to time we may update this Property and these Terms. Your use of this Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. MIT may, in its sole discretion, and at any time, discontinue this Property or any part thereof, with or without notice, or may prevent your use of this Property with or without notice to you. You agree that you do not have any rights in this Property and that MIT will have no liability to you if this Property is discontinued or your ability to access the Property or any content you may have posted on the Property is terminated.

By accessing or linking to this Property, you assume the risk that the information on this Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Property at any time, without notice and without liability.

All information provided on this Property is subject to change without notice. While efforts have been made to make this Property helpful and accurate, due to the nature of this Property, and the potential for errors in the storage and transmission of digital information, MIT does not warrant the accuracy of information obtained from this Property.

 

Access and Use of Property

Access to this Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any MIT computer system or other information contained on the system for any purposes is strictly prohibited.

 

Content

Content on this Property, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Content”) is the property of MIT and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Content located on the Property for use in any publications, in public performances, on websites other than this Property for any unpermitted commercial purpose, in connection with products or services that are not those of MIT, in any other manner that is likely to cause confusion, that disparages or discredits MIT and/or its licensors, that dilutes the strength of MIT’s or its licensors’ intellectual property, or that otherwise infringes MIT’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Content or User Content that appears on this Property.

 

Use of Property and Posting Policy

The following requirements apply to your use the Property: (a) you will not use any electronic communication feature of the Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Property for any commercial transactions that are unrelated to the purposes for which the Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by MIT; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of MIT, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Property, or feature of the Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Property or features therein. MIT may cancel your account and delete all User Content associated with your account at any time, and without notice, if MIT deems that you have violated these Terms, the law, or for any other reason. MIT assumes no liability for any information removed from the Property, and reserves the right to permanently restrict access to the Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Property, you hereby grant to MIT a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to MIT or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) MIT receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that MIT’s review of the Ideas is not an admission of novelty, priority or originality; and (b) MIT’s use of any similar Ideas, whether based on your User Content, provided to MIT by third parties, or independently developed or considered by MIT, shall be without obligation to you.

 

Indemnification

You agree to indemnify and hold MIT, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to MIT or this Property.

 

 

Representations and Limitations of Liability

MIT makes no representations about the reliability of the features of this Property, the Content, User Content, or any other Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. MIT makes no representations regarding the amount of time that any Content or User Content will be preserved.

MIT does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by MIT without the prior review and written approval of MIT.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL MIT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MIT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL MIT OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF MIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

Cross Reference Information

Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

 

Hypertext Links

This Property may be linked to other sites which are not maintained by MIT. MIT is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by MIT of the linked sites. MIT disclaims any liability for links: (i) from another site to the Property and (ii) to another site from the Property.

 

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Iowa without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Linn County, Iowa. These Terms operate to the fullest extent permissible by law. Accessing materials on this Property by certain persons in certain countries may not be lawful, and MIT makes no representation that materials on this Property are appropriate or available for use in locations outside the United States. If you choose to access this Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Property, and you hereby agree to the terms of that Policy.

If MIT fails to act with respect to your breach or anyone else’s breach on any occasion, MIT is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and MIT, and is accepted by you upon your use of the Property. These Terms constitute the entire agreement between you and MIT regarding the use of the Property. By using the Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.