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Terms & Conditions



TRADEMARKS AND COPYRIGHTS

This Web Site is copyright © 2002, 2004 J&M Machine Inc. All rights reserved.

This Web Site contains many J&M Machine Inc. and third-party trademarks and service marks. All trademarks and service marks are the property of their respective companies. All rights to the intellectual property contained in the Web Site, including copyright, trademarks, trade secret, and patent rights are reserved. Statutory notice contained in this website represents trademark status in the United States.

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TERMS OF SITE ACCESS

Please review the J&M Machine Inc. Web Site Terms of Access. Entering into this Web Site indicates that you have reviewed the Web Site Terms of Access and have agreed to be bound by these terms.

Complete Acceptance of Terms and Conditions

These terms and conditions, together with any other terms and conditions that J&M Machine Inc. makes available to Customers at "jmmachineinc.com," or in any document including, without limitation, those involving extensions of credit by J&M, represent the entire agreement between the parties. This document shall supercede all written and unwritten statements, agreements, and understandings between J&M and Customers pertaining to the subject matter of this agreement.

Disclaimer/Information Accuracy

All information provided on this Web Site is subject to change without notice. While efforts have been made to make this Web Site helpful and accurate, due to the open nature of this Web Site, and the potential for errors in the storage and transmission of digital information, J&M Machine Inc. does not warrant the accuracy of information obtained for this Web Site.

Access And Use Of Information

Access to this Web Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by J&M Machine Inc. at this Web Site. Any access or attempt to access other areas of the computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web Site other than in connection with a legitimate business purpose.

Access to this Web Site does not constitute a right to copy or use any of the intellectual property of J&M Machine Inc. You agree that you will not introduce viruses, bugs, worms, Trojan horses or other harmful computer code with anything you send through this Web Site.

Links

From time to time, other Web Sites may provide hypertext links ("Links") to this Web Site. Such Links shall not imply any relationship or connection between J&M Machine Inc. and the operator of the Web Site containing the Link to this Web Site. J&M Machine Inc. cannot be held liable for the use of any Web Site that is linked to from the J&M Machine Inc. Web Site.

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TERMS AND CONDITIONS OF PURCHASE

Complete Acceptance of Terms and Conditions of Purchase

Orders are accepted on the basis of terms and conditions in effect at the time the order is received by the J&M Machine. Acceptance of any products delivered by J&M Machine Inc. constitutes the Buyer's agreement to these terms and conditions as described in this document. No conditions stated by Buyer in its offer or acceptance will be binding on J&M Machine, Inc. if they are in conflict with, inconsistent with, or in addition to, these terms and conditions.

Prices

Prices and pricing policies will be those in effect at the time of shipment. Due to the fast pace of our business, all prices are subject to change without notice. We will try to list the most accurate, up to the minute information. Despite our efforts, some items may be miss-priced. If a product is listed at an incorrect price due to a typographical, photograph error or error in pricing from our vendors, J&M Machine Inc. reserves the right to refuse orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund and cancel your order. You may also repurchase it for the correct price if you wish to.

Deliveries

Every item we sell is carefully inspected before it is shipped. Products will be delivered F.O.B. from J&M Machine Inc.'s facility in good condition and properly consigned, at your risk. Prepayment or allowance of freight by J & M Machine Inc. will not affect this provision. We will not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use of the goods after or during such delivery.

Returns

Customer must obtain a return material authorization ("RMA") prior to returning goods. Unless we have erred in filling your order, all returns must be prepaid. No merchandise will be accepted for return which is customized or which has been held for over 30 days. We reserve the right to determine if the Buyer has abused the item in question. If it cannot be returned to stock, credit will not be given. All returns must be accompanied by the original shipper. Orders returned due to customer error must be prepaid and are subject to restocking charge. No merchandise will be accepted without an "RMA."

Sales And Other Taxes

Unless otherwise stated, our prices do not include any taxes whatsoever. Buyer agrees to indemnify J&M Machine, Inc. against payment of the same, whether or not included on Buyer's original invoice.

Title

Title and Security interest to the merchandise will remain with J&M Machine, until full payment to J&M Machine, Inc. is received. J&M Machine, Inc. retains the right to repossess, and any other remedies provided by law.

Limitation Of Liability

IN NO EVENT WILL J&M Machine, Inc. BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATIONS UNDER THIS AGREEMENT, NOR WILL J&M Machine, Inc. BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY, INSTALLATION, OR FURNISHING OF THE MERCHANDISE OR SERVICES BY ANY MANUFACTURER OF THE MERCHANDISE OR OTHERWISE.

Force Majeure

J&M Machine Inc. will not be liable for any delay in, or impairment of, performance resulting in whole or in part from acts of God, acts of war, acts of terrorism (whether actual or threatened) governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance, or cause beyond the reasonable control of J&M Machine Inc. in the conduct of its business.

Indemnity

EXCEPT AS PROVIDED HEREIN, J & M MACHINE MAKES NO EXPRESS WARRANTIES AND ANY IMPLIED WARANTIES INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE WRITTEN LIMITED WARRANTIES CONTAINED HEREIN. EXCEPT AS PROVIDED HEREIN, J & M MACHINE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY USE OR PERFORMANCE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM INCONVENIENCE, LOSS OF TIME, DATA, PROPERTY, REVENUE, USE OR PROFIT OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF J & M MACHINE HAS BEEN ADIVSED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE DAMAGES RECOVERABLE PURSUANT TO THIS WARRANTY EXCEED TWICE THE PURCHASE PRICE OF THE PRODUCTS WARRANTED HEREUNDER.

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PRODUCT SAFETY WARNING

Cutting tools may shatter when broken. Wearing eye protection is strongly recommended in the vicinity of their use.

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MATERIAL SAFETY DATA SHEETS DISCLAIMER

Note: Material Safety Data Sheets are provided as a convenience to customers. The information provided is believed to be accurate and represents the best information available to us from the manufacturer and MSDS developer. However, we offer no warranty of merchantability or any other warrant, express or implied, with respect to such information, and assume no liability resulting from its use. You should make your own investigation to determine the suitability of the information for their particular purposes. In no way will we, the manufacturer, or the MSDS developer be liable for any claims, losses, or damage of any third party or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if the manufacturer or MSDS developer has been advised of the possibility of such damages.

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