Terms of Sale
1. Acceptance
Placing an order with Mechanical Materials, LLC constitutes acceptance of these Terms of Sale. These terms govern the sale and take precedence over any conflicting terms on a purchase order or other buyer document.
2. Membership and eligibility
The Mechanical Materials online store is available to approved members only. Membership is limited to elevator and escalator businesses, and requires verification of a current elevator contractor registration — a TDLR registration number for Texas businesses, or the equivalent credential in the applicant’s state. Pricing is visible only to approved members. Mechanical Materials may approve or decline any membership application, and may suspend or withdraw membership where a credential lapses or where the account is used outside these terms.
3. Pricing and quotations
Prices are subject to change without notice and are those in effect at the time the order is accepted. Quoted prices are valid for thirty (30) days from the date of the quotation. Errors and omissions excepted. Where an item is listed at an obviously incorrect price, we may cancel the order and refund it in full.
4. Payment
Online orders are paid by credit card at the time the order is placed. Account terms are available by application and are subject to credit approval. Balances not paid within terms are subject to a finance charge of 1.5% per month. We may cancel open orders or suspend credit where there is reason to believe payment terms will not be met.
5. Taxes
Sales tax is applied to taxable sales at the applicable rate. Where a member has provided valid resale or exemption documentation and it is current on the account, qualifying purchases will be processed accordingly. Members are responsible for keeping that documentation current and for the correctness of any exemption claimed.
6. Title and risk of loss
Shipments are FOB Origin, Dickinson, Texas. Title and risk of loss pass to the buyer upon delivery to the carrier.
7. Availability
Quantities shown reflect our best available information and are not a guarantee of stock. If an ordered item proves unavailable, we will notify you and cancel and refund that portion of the order.
8. Installation, fitness, and code compliance
Parts sold by Mechanical Materials are components intended for installation by qualified, licensed elevator personnel. The buyer is solely responsible for confirming that a part is correct and suitable for the intended equipment and application; for installation by qualified personnel in accordance with the manufacturer’s instructions; and for compliance with ASME A17.1, the applicable state and local elevator code, and any authority having jurisdiction. Mechanical Materials does not inspect, certify, or approve installations, and does not act as the installing contractor except under a separate written contract.
9. Warranty
Sales are subject to the Mechanical Materials warranty terms, which are incorporated into these terms by reference.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MECHANICAL MATERIALS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DOWNTIME, OR THE COST OF REMOVAL AND REINSTALLATION. MECHANICAL MATERIALS’ TOTAL LIABILITY ARISING FROM ANY SALE SHALL NOT EXCEED THE PURCHASE PRICE OF THE ITEM GIVING RISE TO THE CLAIM.
11. Returns
Returns are governed by the Mechanical Materials return policy, incorporated by reference.
12. Governing law
These terms are governed by the laws of the State of Texas. Venue for any dispute lies in Galveston County, Texas.
13. Changes
We may revise these terms at any time. The terms in effect when your order is placed govern that order.