Terms and Conditions

All orders are accepted by MECMESIN CORPORATION subject to the Terms and Conditions of Sale set out below.

Please note that electronic products purchased via the MECMESIN CORPORATION website for use outside the USA and Canadian domestic markets, are not eligible for repair and calibration support services unless purchased with an overseas support contract.

1. General

All orders for products and services in the MECMESIN CORPORATION website are accepted by MECMESIN CORPORATION (`MECMESIN CORPORATION`) subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by MECMESIN CORPORATION unless agreed in writing by an authorized signatory of MECMESIN CORPORATION.

All descriptions of the products and services contained in the MECMESIN CORPORATION website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between MECMESIN CORPORATION and the Customer. MECMESIN CORPORATION may correct any errors in its website without liability to the Customer. The advertising of products and services in the MECMESIN CORPORATION website merely constitutes an invitation by MECMESIN CORPORATION for the Customer to make an offer to purchase products and services. MECMESIN CORPORATION is a business-to-business supplier.

The MECMESIN CORPORATION website (Mecmesin | Store) is intended for use by business customers and not for consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

Electronic products purchased via the MECMESIN CORPORATION website for use outside the USA and Canadian domestic markets, are not eligible for repair and calibration support services unless purchased with an overseas support contract (See section 4).

2. Prices

The prices of the products and services are as set out in the MECMESIN CORPORATION website that is current at the date of dispatch.

All prices exclude sales tax, which MECMESIN CORPORATION will add at the rate applicable at the date of dispatch, if applicable.

Whilst MECMESIN CORPORATION will try to maintain the prices quoted in the MECMESIN CORPORATION website, MECMESIN CORPORATION reserves the right to change them without prior notice at any time.

Export transactions: All sales made over our website will be processed on the basis of delivery to a US or Canadian address only. Payment of all local taxes and duties if any are the responsibility of the purchaser.

3. Ordering

MECMESIN CORPORATION reserves the right to decline to trade with any company or person. In addition, MECMESIN CORPORATION may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt by MECMESIN CORPORATION of the order.

MECMESIN CORPORATION executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when MECMESIN CORPORATION next has available stock or be cancelled.

The Customer must submit orders using the MECMESIN CORPORATION stock numbers and the priced units used in the MECMESIN CORPORATION website and must specify which delivery option is required. If the Customer confirms internet orders, the confirmation must be marked `CONFIRMATION ONLY` to avoid duplication. If the Customer sends a paper confirmation order and the order is not marked ‘CONFIRMATION ONLY’ it will be processed as a separate order. If the Customer orders the wrong product or number of products, or duplicates orders, the handling fee referred to in clause 11 will apply to any returns.

4. Ordering for Export

Electronic products purchased via the MECMESIN CORPORATION website for use outside the USA and Canadian markets, are not eligible for repair and calibration support services outside of the USA and Canada unless purchased with an overseas support contract.

Export transactions: All sales made over our website are processed on the basis of delivered tax paid to US or Canadian domicile. It is the responsibility of the purchaser to arrange his own onward shipment outside the USA and Canada together with all necessary relevant export documentation. Payment of all local taxes and duties if any are the responsibility of the purchaser.

5. Delivery

MECMESIN CORPORATION will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out in the MECMESIN CORPORATION website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will normally only be made to the Customer’s usual business address.

Times and dates for delivery quoted in the MECMESIN CORPORATION website or by Mecmesin Corporation employees are approximate only and MECMESIN CORPORATION shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.

If any delivery is late, the Customer must notify MECMESIN CORPORATION, and MECMESIN CORPORATION will endeavor to ascertain if the product has already been delivered or inform the expected delivery time of the product to the Customer. MECMESIN CORPORATION will also, at its discretion, refund the total delivery charge

to the Customer. If a revised delivery time is not acceptable MECMESIN CORPORATION will also, at its discretion, offer an alternative delivery option. These are the Customer’s exclusive remedies for late delivery.

6. Inspection, Delivery Delays and Non-Delivery

The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to MECMESIN CORPORATION in detail of any defect in the product that is apparent on reasonable examination. In this case MECMESIN CORPORATION shall, at MECMESIN CORPORATION discretion, replace the products or refund the purchase price.

In any event the Customer must refuse parcels delivered to it in a damaged condition. Shortfall in products delivered. In this case MECMESIN CORPORATION shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products. Delivery of products not in accordance with the order. In this case MECMESIN CORPORATION shall, at MECMESIN CORPORATION discretion, replace the products or refund the purchase price; Non-delivery of the products within 10 days of the estimated dispatch date. In this case MECMESIN CORPORATION shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. MECMESIN CORPORATION record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. MECMESIN CORPORATION shall not be liable for any losses, consequential or otherwise, arising from these circumstances.

7. Payment

Payment terms are credit card with order unless otherwise agreed to, in writing, by MECMESIN CORPORATION.

8. Risk and Ownership

Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to MECMESIN CORPORATION from the Customer for those products have been received by MECMESIN CORPORATION (in cleared funds).

If the Customer is late in paying any sum to MECMESIN CORPORATION, then MECMESIN CORPORATION shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorizes MECMESIN CORPORATION and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by MECMESIN CORPORATION shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Mecmesin Corporation right to sue for the whole of the price.

9. Product and Availability Information

MECMESIN CORPORATION reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous program of product improvement, or to assist product availability, and such changes may take place during the life of any MECMESIN CORPORATION website.

Unless otherwise confirmed, nothing in any MECMESIN CORPORATION website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

10. Warranty

For products purchased from MECMESIN CORPORATION: MECMESIN CORPORATION warrants that if any product is defective, it will replace or repair the product or refund the purchase price.

This warranty is subject to a claim being made in writing to MECMESIN CORPORATION within 24 months of the original date of dispatch, or such other longer period as may be indicated by MECMESIN CORPORATION for specific products from time to time.

For services purchased from MECMESIN CORPORATION (as referred to in clause 12): MECMESIN CORPORATION warrants that if any service is defective, it will, at its option, either rectify the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product.

This warranty is subject to a claim being made in writing to MECMESIN CORPORATION within 24 months of the date of the invoice, or such other periods as may be indicated by MECMESIN CORPORATION for specific products from time to time.

These warranties shall not apply to any defect, which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of MECMESIN CORPORATION.

The Customer must return or dispose of the products, or make them available for collection by MECMESIN CORPORATION, in accordance with MECMESIN CORPORATION instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions, which MECMESIN CORPORATION may have notified to the Customer at the time of supply. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as MECMESIN CORPORATION may at the time of supply have stipulated.

Where the Customer returns products otherwise than in accordance with these warranty provisions, MECMESIN CORPORATION may refuse such products and return them to the Customer at the cost of the Customer. Any products or parts, which are replaced by MECMESIN CORPORATION, shall become the property of MECMESIN CORPORATION. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product’s warranty shall be calculated from the date of dispatch of the defective product.

The remedies set out above shall be MECMESIN CORPORATION sole liability and the Customer’s sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law.

MECMESIN CORPORATION will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on MECMESIN CORPORATION by operation of law.

The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

11. Liability

MECMESIN CORPORATION shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the MECMESIN CORPORATION customer helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

MECMESIN CORPORATION shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between MECMESIN CORPORATION and the Customer, or of any order accepted by MECMESIN CORPORATION; (ii) any duty of any kind imposed on MECMESIN CORPORATION by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services. If, notwithstanding clauses 9 and 10, any liability attaches to MECMESIN CORPORATION, MECMESIN CORPORATION liability to the Customer in respect of one or more of (i) any express or implied terms of the contract between MECMESIN CORPORATION and the Customer, or of any order accepted by MECMESIN CORPORATION; (ii) any duty of any kind imposed on MECMESIN CORPORATION by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services; shall be limited in the aggregate to $500,000.

Nothing in this clause 10 shall exclude or limit the liability of MECMESIN CORPORATION for death or personal injury caused by the negligence of MECMESIN CORPORATION or its employees, agents or sub-contractors, or for fraud.

12. Cancellations and Returns

The Customer may not cancel orders once accepted by MECMESIN CORPORATION. MECMESIN CORPORATION may, at its discretion and in writing, allow an order to be cancelled subject to MECMESIN CORPORATION recovering from the Customer the costs incurred by MECMESIN CORPORATION.

In the event of part cancellation, MECMESIN CORPORATION may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched up to the time of cancellation compared to the quantity ordered. The customers may only return products to MECMESIN CORPORATION, and receive a credit or refund, on the following conditions:

1. The Customer must contact MECMESIN CORPORATION and obtain the prior consent of MECMESIN CORPORATION.

2. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to MECMESIN CORPORATION in their original condition and packaging and in a condition, which will enable them to be immediately fit for re-sale.

3. The Customer must follow any specific instructions which appear in this website or with any product regarding its return to MECMESIN CORPORATION.

4. The Customer must quote the invoice details or the MECMESIN CORPORATION reference number on the MECMESIN CORPORATION Customer Returns Form from the original dispatch note; otherwise the credit will be based upon the lowest sales price.

5. For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a handling charge will be applied. This handling charge is set out in the MECMESIN CORPORATION website.

6. Where the Customer returns products to MECMESIN CORPORATION not in accordance with (i) - (iii) above (for example, after 30-days from the date of dispatch or in an unfit state) MECMESIN CORPORATION will refuse delivery and return the products at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.

This returns policy excludes software, calibrated products, non-website products and specially manufactured products. MECMESIN CORPORATION accepts no responsibility for any loss of or damage to products in transit or for any items received by MECMESIN CORPORATION with them. Products to be returned to MECMESIN CORPORATION must be adequately packed and dispatched freight prepaid, clearly labeled to:

CUSTOMER RETURNS DEPARTMENT
MECMESIN CORPORATION
45921 Maries Road, Suite 120, Sterling, Virginia, USA, 20166

13. Services

MECMESIN CORPORATION offers the following services in respect of the products: REPAIR, CALIBRATION, except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product).

The conditions, which apply to each of these services, are set out below. REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product in question must be complied with.

MECMESIN CORPORATION may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and MECMESIN CORPORATION shall not be under any liability whatsoever in respect of any data contained in such software.

CALIBRATION: MECMESIN CORPORATION will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards. For full details of the CALIBRATION service please contact us via +1 703 433 9247 or info@mecmesincorp.com.

14. Force Majeure

A force majeure event is any event beyond the reasonable control of MECMESIN CORPORATION (including strikes, traffic congestion, the downtime of any external line, or MECMESIN CORPORATION inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).

If MECMESIN CORPORATION is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then MECMESIN CORPORATION shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period.

If the force majeure event continues for a period longer than fourteen days, MECMESIN CORPORATION may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

15. Rights in the website

The Customer acknowledges that MECMESIN CORPORATION and its associated licensors own the intellectual property rights in the MECMESIN CORPORATION website, the website content, including but not limited to text, graphics, logos, stock numbers, photographs, images and moving images.

This content may be used for non-commercial purposes without the express permission of MECMESIN CORPORATION but must include an acknowledgement to the company. This content must not be copied, republished or redistributed for commercial purposes without the written permission of MECMESIN CORPORATION.

The permission to reproduce MECMESIN CORPORATION copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the copyright holders concerned.

16. Data Protection and Customer Information

MECMESIN CORPORATION may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition MECMESIN CORPORATION may disclose the Customer’s and its employees` details to organizations working on behalf of MECMESIN CORPORATION anywhere in the world (for example, credit reference agencies, mailing houses and call centers).

MECMESIN CORPORATION may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer.

If the Customer or its employees do not want to receive details of these offers then they should contact the MECMESIN Marketing Department either in writing at Newton House, Spring Copse Business Park, Slinfold, West Sussex RH13 0SZ, United Kingdom or by e-mail at info@mecmesin.com.

The Customer consents that MECMESIN CORPORATION may use the name of the Customer by disclosing it to certain MECMESIN CORPORATION suppliers for market research and commission purposes.

17. Law and Jurisdiction

The contract between MECMESIN CORPORATION and the Customer shall be governed by and interpreted in accordance with the laws of the State of Virginia, but MECMESIN CORPORATION may enforce the contract in any court of competent jurisdiction.