Welcome to the MAST Technologies Online Store. MAST Technologies provides their services to the customer subject to the following conditions. If the customer visits the MAST Technologies online store at masttechnologies.com, they accept these terms and conditions. Please read them carefully. The following terms and conditions govern the customer’s use of this Site and the purchase of products by the customer through this Site. By using this Site, placing an order with MAST Technologies, the customer is indicating their acceptance of the following terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by MAST Technologies. MAST Technologies reserves the right to make changes to the Site and these Terms and Conditions at any time.
1. Orders: Only orders from the United States are accepted in the online store by MAST Technologies. Purchased products cannot be exported from the United States. By placing an order the customer represents to MAST Technologies that all products purchased will remain in the United States and will not be shipped out of the United States.
2. Prices and Taxes: Prices do not include federal, state or local taxes, including without limitation sales, use or excise taxes now or hereafter enacted, applicable to the products sold in this transaction, which taxes may, in MAST Technologies’ discretion, be added by MAST Technologies to the sales price or billed separately and which taxes shall be paid by the customer unless the customer provides MAST Technologies with any necessary tax exemption certificate.
3. Shipment and Delivery: All products will be shipped F.O.B. MAST Technologies’ premises and may be so shipped in several lots. MAST Technologies will ship via the method indicated on the order, including customer supplied special instructions. Title and risk of loss or damage to all products sold hereunder shall pass from MAST Technologies to the customer upon delivery by MAST Technologies to the possession of the carrier. Any claims for loss, damage or misdelivery thereafter shall be filed with the carrier. All products shall be deemed finally inspected and accepted within ten days after delivery unless notice of rejection is given in writing to MAST Technologies within such period. Acceptance shall constitute acknowledgment of full performance by MAST Technologies of all obligations under the contract.
4. Terms of Payment: Payment shall be made instantly by credit card. The customer’s receipt of an electronic or other form of order confirmation does not signify the acceptance of the customer’s order by MAST Technologies, nor does it constitute confirmation of the order or MAST Technologies’ offer to sell. MAST Technologies reserves the right, without prior notification, to accept or decline the customer’s order or limit the order quantity for any reason. Credit card payments are subject to the approval of the financial institution issuing the credit card and MAST Technologies is not liable in any way if such financial institution refuses to accept or honor the credit card for any reason. MAST Technologies may also require additional verification or information before accepting any order.
5. Credits and Returns: Goods may only be returned to MAST Technologies after obtaining a return authorization. Credit for return of Goods is at the sole discretion of the MAST Technologies. Determination of cause and liability for defective goods returned rests solely with the MAST Technologies. Credit card will be credited after returned product is received.
6. Contingencies: MAST Technologies shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control of MAST Technologies, including, by way of illustration but not limitation, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, accident, fire, explosion, floods, storm or other act of God, shortage of labor, fuel, raw material or machinery or technical failure where MAST Technologies has exercised ordinary care in the prevention thereof. If any such contingency occurs, MAST Technologies may allocate production and deliveries among MAST Technologies’ customers.
7. Limitation of Liability and the customer Indemnity: IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, SHALL MAST TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF THE SALE OF ITS PRODUCTS TO THE CUSTOMER OR ARISING OUT OF ANYTHING DONE IN CONNECTION WITH THE CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF CLAIMS FOR LOSS OF USE, BUSINESS, GOODWILL, OR PROFITS, AND CLAIMS ARISING OUT OF THIRD PARTY ACTIONS, REGARDLESS OF WHETHER SUCH THIRD PARTY ACTIONS, OR ANY OTHER CLAIMS, LOSSES, OR DAMAGES, WERE REASONABLY FORESEEABLE TO THE CUSTOMER OR MAST TECHNOLOGIES. THE CUSTOMER’S EXCLUSIVE REMEDY ARISING OUT OF ITS PURCHASE AND USE OF MAST TECHNOLOGIES’ PRODUCTS, OR ARISING OUT OF ANYTHING DONE IN CONNECTION WITH THE CONTRACT, SHALL BE FOR DAMAGES AND NO CLAIM OR CLAIMS OF ANY KIND, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WARRANTY AND STRICT LIABILITY), STATUTORY OR REGULATORY PROVISIONS, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL BE GREATER IN AMOUNT IN AGGREGATE THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. The customer shall indemnify and hold harmless MAST Technologies, its officers, agents, employees, subsidiaries, parents, affiliates and insurers from and against any and all liabilities, damages, losses, claims, lawsuits, including costs and expenses in connection therewith, for death or injury to any persons or loss of any property whatsoever, caused in any manner by the customer’s possession, use or operation of equipment.
8. Rescheduling and Cancellation: All orders are made to order and are considered NCNR (Non-Cancellable, Non-Returnable). MAST reserves the right to Orders accepted by MAST Technologies may be cancelled or rescheduled by the customer only with the written consent of MAST Technologies (which consent MAST Technologies may withhold for any reason) and upon payment of MAST Technologies’ cancellation or rescheduling charges. MAST Technologies shall have the right without penalty or payment to cancel any order accepted (i) if the customer fails to make any payment when due to MAST Technologies under the contract or any other contract (ii) if any act or omission of the customer delays MAST Technologies’ performance, or (iii) if the customer violates any of these Terms and Conditions, and in the event of such cancellation MAST Technologies shall be entitled to receive reimbursement for its reasonable and proper cancellation charges.