Term of Sales

General Terms and Conditions of Sales

Website Purchase


  1. These terms constitute an offer by Mechanix Wear Inc. and/or any of its affiliates and/or subsidiaries (“we”, “us” or “our”) to sell goods to you and shall govern all sales sold through any website (“Site”) on which we post these conditions. Sales through this Site are also governed by our Website Terms of Use.  Collectively “we” and “you” are the Parties to this Agreement.
  2. An order submitted by you constitutes an offer by you to us to purchase products on these Terms and is subject to our subsequent acceptance.
  3. Our acceptance of any order is limited to these terms and conditions.  These terms, when accepted by you explicitly (e.g. when you click “Submit Order” to complete your purchase), by acceptance of goods or services, or otherwise, shall constitute the entire agreement between the Parties on the subject hereof, superseding all prior oral or written communications and negotiations.
  4. Any prices, quotations and descriptions made or referred to on the Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
  5. While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit an order. We may reject any order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment made for that item.
  6. BY PURCHASING PRODUCTS FROM US, YOU CONFIRM THAT YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


 

BUYER’S REPRESENTATIONS


  1. Unless agreed otherwise or required by applicable law, any warranties provided only extend to you on the understanding that you are a user and not a reseller of the products purchased.
  2. No warranty, commitment or any other obligation should ever be assumed by you on our behalf without our express prior written consent.

You represent that information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order.


 

CANCELLATION /CHANGE


  1. If you file a bankruptcy petition or are the subject of an assignment for the benefit of creditors, whether voluntarily or involuntarily, or we have cause to believe that you are unable to pay your debts as they fall due; then, without prejudice to any of our other rights, we may: (a) stop any products in transit; (b) suspend further Product deliveries; and/or (c) by written notice to you, terminate your order and all or any other contracts between us and you.
  2. Orders are not subject to cancellation, change, or termination, except as expressly permitted or as set forth in the applicable Return Policy.


 

DELIVERY


  1. Delivery dates are quoted in good faith but are not guaranteed. We cannot assume any risk or liability for delay or nonfulfillment of shipments due to acts of God, war, strikes, breakdown, fires, government orders, or other causes beyond our control.
  2. Delivery shall be to a valid address submitted by you and subject to acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
  3. If you refuse or fail to take delivery of products provided in accordance with these Terms, any risk of loss or damage to the products shall nonetheless pass and without prejudice to any other rights or remedies we have, when the products are delivered to a shipper for delivery to the Delivery Address.
  4. Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject any shipment in whole or in part by reason of short delivery unless you notify us in writing of any claim within 7 days of delivery.


 

DESIGN CHANGES


Except as otherwise agreed expressly between the Parties, we may at any time furnish goods that include changes in design and construction of such goods as shall constitute an improvement in our judgment. We may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers.  
 

ERRORS AND OMISSIONS


We reserve the right to correct clerical errors and omissions.
 

INTELLECTUAL PROPERTY


Nothing herein is intended to grant any rights to you under any patent, trademark, trade secret, or copyright of ours. You shall acquire no rights or interests in any of our products, property, or intellectual property.

 

PRICES


  1. Prices payable for products are those in effect at the time your order is accepted, unless otherwise expressly agreed. We reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to shipment. If you choose to continue with fulfillment of the order after notification, you acknowledge that the product will be provided in accordance with such revised description or corrected price.
  2. Payments on the Site must be made by credit cards issued by U.S. banks. If a credit card account is being used for a transaction, Mechanix Wear may obtain preapproval for an amount up to the amount of the payment.
  3. You represent and warrant that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
  4. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of products at any time after payment has become due even though title in those products may not yet have passed to you.


 

SEVERABILITY


If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.

 

SHIPPING


  1. All orders are shipped standard delivery in the U.S. unless otherwise specified.  Risk of loss of the goods shall pass to you at the time the goods are tendered for shipment. 
  2. The places that we deliver to are listed on the Site. Unless otherwise specified, prices quoted are (a) exclusive of the costs of shipping or carriage to the agreed place of delivery (charges for which are stated on the Site); and (b) exclusive of any tax or duty which (where applicable) must be added to the price payable.  You agree to pay for taxes, shipping or carriage of products as such costs are specified by us on the Site when you submit your purchase order.


 

WARRANTIES AND LIMITATION OF REMEDIES


Our warranty for the applicable product can be found in our Warranty Policy. The terms of the applicable warranty found on the Site are incorporated into these terms and conditions of sale by reference.

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