TERMS AND CONDITIONS

Terms and Conditions

These Terms and Conditions are part of the offer and if entered into as set forth below, by and between Manufacturing Repair & Overstock, Inc. (“MRO”) and the Customer (as identified on the first page), the contract (collectively such documents are referred to as “Agreement”).

REPAIR SERVICES: MRO provides repair of used equipment. Preliminary quotes are based on information provided by the Customer before the order. Sometimes during the repair process MRO identifies additional work that needs to be rendered, which MRO will advise the Customer of and obtain the Customer’s permission before incurring additional service fees.

SALE OF GOODS: MRO also may sell Customers new and refurbished goods (“Goods”).

RETURNS. New or refurbished Goods can only be returned within fourteen (14) days of Customer’s receipt along with a completed Return RMA form. All returns will incur a 20% restocking fee. Shipping charges will not be credited to the Customer. There is no return policy for Services.

LIMITED WARRANTIES: please see https://www.mroinc.com/testing-and-warranty for warranty coverages and terms

PAYMENT AND DEFAULT: The price and due date for the Services or Goods is identified as the Balance Due on the Order. Customer shall pay MRO the Balance Due at the time and in the amount indicated. Any amounts not paid by Customer when due to MRO shall be subject to interest charges from the date due until paid, at the rate of one and one half percent (1.5%) per month, or the highest interest rate allowable by law (whichever is less), payable monthly. If Customer fails to pay as agreed, MRO will seek to recover damages, including its costs, interest, and attorneys’ fees.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE WARRANTIES SET FORTH HEREIN WITH RESPECT TO THE GOODS ARE THE ONLY WARRANTIES MADE BY MRO IN CONNECTION WITH THE AND GOODS. MRO MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO CUSTOMER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AND GOODS, AND MRO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MRO’S SOLE OBLIGATION FOR A REMEDY TO CUSTOMER SHALL BE AS WARRANTIED VIA REPAIR OR REPLACEMENT.  CUSTOMER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF REPAIRED PRODUCTS OR GOODS.

Further, MRO’s liability is limited to the cost Customer paid for the Services or Goods. The Parties agree that MRO has no liability for any additional damages and Customer expressly waives any right or claim to consequential damages due to MRO’s actions or inactions.

CORE EXCHANGE. Customers can request a core exchange by contacting their MRO Representative. If a surplus option is available for sale, we will give an estimate for the value of a core. Customers will then be invoiced for the full price of the new sale item and will also receive a Core RMA form to return their damaged equipment. Core exchanges must be returned within fourteen (14) days of the MRO new unit shipment.

Once the core arrives at MRO’s facility, MRO will evaluate the unit to verify that it is economically repairable. At that time, the core value will be determined and the Customer will be notified of the credit amount they will receive. If the Customer accepts the credit, the value will be credited towards the original invoice. If the customer denies the credit, the Customer can choose to have the item repaired, scrapped in house, or returned un-repaired.

ADDITIONAL ITEMS: This Agreement supersedes any and all prior and contemporaneous oral or written agreements regarding the subject matter herein and any modification to this Agreement must be in writing and signed by the parties. If any part of this Agreement is found to be unenforceable, such unenforceability shall not affect the enforceability of the remainder of this Agreement. No amendment of this Agreement or waiver of any term of condition hereof will be binding upon any party unless confirmed in writing and signed by all of the parties.

This Agreement is entered into in Hamilton County, Tennessee and any dispute arising out of this Agreement may only be brought in a court of competent jurisdiction in Hamilton County, Tennessee. Tennessee law governs this Agreement.

This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others