TERMS AND CONDITIONS OF SALE
(Our normal terms are net 30 days upon credit approval)
1. All references in this document to “Seller” shall include each subsidiary or division of Maidstone Wholesale Supply, Inc. whether or not specifically identified herein. Transmission by facsimile or an executed copy of this Agreement shall be deemed to constitute acceptance and delivery of this Agreement and a facsimile copy may be relied upon by Maidstone Wholesale Supply or its affiliates and deemed to be an original for all purposes hereunder. All sales made by the Seller are subject to the Terms and Conditions of Sale in effect at the time of the sale, which shall prevail over any inconsistent terms or Purchaser’s purchase order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller, unless they are specifically authorized in writing by Seller’s authorized representative.
2. Quotation prices made by the Seller are subject to change without notice, and all quotations expire and become invalid if not accepted within 30 days from the date of issue, unless otherwise specified by Seller in writing. Quotations on products driven by market commodities expire after 24 hours. Prices shown do not include any sales, excise or other governmental tax or charge payable by Seller to Federal, State or local authority. Any taxes now or thereafter imposed upon sales of shipments will be added to the purchase price. Purchaser agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption certificate. Price extensions when made are for Purchaser’s convenience only, and they are notbinding by Seller.
3. Delivery dates given by Seller are estimates. Seller shall not be liable for delay or default in delivery. Buyer waives any claims for damages arising from delays in delivery, regardless of the cause. In those rare instances when a package is lost or an item is damaged in transit, we assume full responsibility for filing claims. YOU HAVE NO PAPERWORK OR INCONVENIENCE. You must: a) provide number of cartons (must be the same as shown on freight bill), b) report shortage within 72 hours of receipt of goods, c) make sure number of cartons shown on packing slip has been received before claiming shortages and d) if a shortage has been claimed but later received, please notify us immediately so paperwork can be corrected.
4. Goods not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Purchaser by the original manufacturer of such goods.
5. Buyer shall make all claims for billing errors or adjustments in writing within ten (10) days from the invoice date. Claims not received in writing within the time specified are waived by Buyer.
6. Seller will accept the return for credit of regularly stocked items of the current model in clean, unused and undamaged condition with original packaging AND all original parts [“Returns”]. Returns are subject to a 15% restocking fee, unless specified otherwise, with the exception of defective goods or shipping errors, which are not subject to a restocking fee. No other material may be returned for credit, including special orders and drop shipments, unless specifically agreed to by Seller in writing, and the restocking fee from those items is subject to Seller’s/supplier’s restocking fee.
7. Unless otherwise stated, payment terms are Net 30 days. Payment is due in the form of cash, check, credit card or money order. Seller may apply Purchaser’s payment against any open charges within Seller’s sole discretion. Past due balances are assessed a late charge of 1 1/2 % per month. Purchaser agrees to pay Seller the assessed late charge. The Seller has the right to exercise setoff or recoupment when needed to satisfy any outstanding debt. In the event an account is not paid when due, the Purchaser shall be liable for any and all fees and costs incurred in connection with a referral of this account to any third party or parties, including but not limited to all attorney’s fees. If a legal proceeding is commenced, Maidstone Wholesale Supply shall be entitled to its reasonable attorney fees and court costs, including any costs and fees of appeal. Purchaser waives any and all privileges and rights that Purchaser may have relating to venue. If any suit or action is brought to enforce any part of this agreement, venue shall, at the sole option of Maidstone Wholesale Supply Inc., be in Mountain Top, Pennsylvania.
8. If Purchaser fails to comply with these Terms and Conditions of Sale, or Purchaser’s credit becomes unsatisfactory in Seller’s sole discretion, Seller reserves the right to terminate or restrict any order upon notice to Purchaser. Purchaser certifies that it is solvent and that it will immediately advise the Corporate Credit Department of Seller if it becomes insolvent. Purchaser agrees to send Seller written notice of any changes in the form of ownership of purchaser’s business within five (5) days of such changes.
Maidstone wholesale supply respects and values your privacy. We do not sell, rent, or give any of the information you provide us to any person, business, or organization not involved in the processing of your order.
Our ordering process functions properly only when our site places a tiny amount of code – also known as a "cookie" – onto your computer. It is a commonly used code allowing our site to remember what you are ordering. You can delete this cookie after your order is processed. If your browser is set to automatically reject cookies, you will get an error message when you attempt to place your order. Learn more about cookies at the Microsoft Profile Center.
Any questions or concerns about this policy should be addressed to the General Manager. You can contact him toll-free at 1-888-513-0060, e-mail at email@example.com.
WEBSITE TERMS AND CONDITIONS OF USE
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEBSITE
Use of our website is subject to the following terms and conditions and your use of the website constitutes acceptance of these terms.
This Internet website is provided by MAIDSTONE, Inc., a Pennsylvania business corporation doing business as Maidstone. All references in this website to Maidstone, or personal pronouns (such as "us", "we", "our", etc.), refer to MAIDSTONE, Inc. and all individuals identified on this website are employees of the Company.
Maidstone reserves the right to make changes to this website at any time without notice. Maidstone maintains this website for your personal entertainment, information, education, and communication. Please feel free to browse the website. However, without Maidstone's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporary storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, we do not grant you, and nothing we say here or anywhere in the website shall be construed as conferring, any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this website, please notify Maidstone immediately at the following address: MAIDSTONE, Inc., d/b/a Maidstone, 395 Oak Hill Road, Mountaintop, Pennsylvania 18707, Attention: Webmaster. You may also email us at: firstname.lastname@example.org.
We make every effort to display the colors of our products included on a Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies and supplies of items featured online are not guaranteed nor subject to rain checks. Price and availability information are subject to change without notice.
You should assume that everything you see or read on the website is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the website, without the written permission of Maidstone or the copyright owner. Maidstone neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Maidstone. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission by, Maidstone. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Maidstone, its affiliates and others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Maidstone or such third party that may own the Trademark displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.
Maidstone has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by Maidstone of the sites. Your use of these links to visit any other off-site pages or other sites is at your own risk.
We’d be proud if you would like to place a link to our home page on your own website. You may do so provided that you comply with a few guidelines: Please link ONLY to our main, home page (www.Maidstone.com). You can link to our website home page, but you cannot replicate any of our content on your own site. Please don’t "frame" our home page on your site, or create a browser or border environment around our content. We can’t investigate everyone who wants to link to us or their websites or products, so please don’t do anything that might imply we are endorsing your website or products. Please don’t imply that you have any relationship to Maidstone. Of course, don’t present any false information about us or our products. Please make your link a text-only link and don’t use our logos, trademarks, or any copyrighted materials from our site. Although we can’t promise that we will have a chance to do so, we’d be interested in seeing your website too, so if you link to our site, please send us the URL of your website page containing the link. Send that to email@example.com. You also agree that if we should ask you to remove the link to our website from your website, that you will do so within 48 hours of our request. Finally, don’t forget that we are a family-owned business. Please keep that in mind and do not place a link to our website on any site that wouldn’t be –ahem– appropriate for family viewing by all age groups.
Maidstone (well, really, its our lawyers, but they do look out for us) may revise these terms from time to time by updating or revising this posting. The revised terms will take effect as soon as we get around to posting them. We control and operate this website from our business in Mountaintop, Pennsylvania, United States of America, and we make no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws. Some Maidstone products are available in many parts of the world. However, this website may describe products that are not available worldwide.
By accessing this web site and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by final, binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-474-2371. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the laws of the Commonwealth of Pennsylvania regarding the enforcement of arbitration awards. Hearings shall be held as provided by the Code and if any In-person Hearing is required or held, it shall be held in Luzerne County, Pennsylvania at a location to be specified by Maidstone. Maidstone and Bath shall be awarded its attorney fees and all costs and expenses of the arbitration, including any related post-arbitration enforcement, collection or other legal action, in the event that Maidstone prevails on any matter. If for any reason the above arbitration clause does not apply, or if there is any non-arbitration proceeding, including any proceeding to determine whether the arbitration clause shall be effective or enforceable, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, located in Luzerne County, in all disputes arising out of or relating to the use of our website. Maidstone and Bath shall be awarded its attorney fees and all costs and expenses of the action, including any related post-decision enforcement, collection, appeal, or other legal action, in the event that Maidstone prevails on any matter. In all cases, these terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America without regard to its conflicts of law provisions. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any claim or cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
RULES GOVERNING AUTOMATIC or REMOTELY CONTROLLED SCANNING of OUR SITE
This Website is for the use of consumers or potential consumers and may not be accessed by automatic or remotely controlled systems. You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following:
(a)to take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, or delays the delivery of service to other s by or through the website's infrastructure or resources;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this website, or our systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. The prohibited activity includes, but is not limited to, "denial of service" attacks, "flooding" of networks, deliberate attempts to, or activity which does, overload or burden excessively our resources, any monitoring, testing, repeated access of the Website, or other any other activity which results in an overloading of our resources or results in substantial delay or denial of service or resources to consumer users of our website, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this website;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this website;
(g) upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor, test, evaluate, or copy any part of this website, without our prior written permission, provided that generally available third party Web browsers, such as Netscape Navigator. and Microsoft Internet Explorer., may be used without such permission, provided that they have not been modified or programmed to access our website in a manner prohibited by the other sections of these Terms and Conditions.
YOU AGREE TO INDEMNIFY US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS ON DEMAND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES SUFFERED OR REASONABLY INCURRED BY US, INCLUDING TREASONABLE COUNSEL FEES AND EXPENSES, AS A RESULT OF, OR IN CONNECTION WITH, YOUR ACCESS TO AND USE OF THE SITE OTHER THAN IN ACCORDANCE WITH THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.