LIMITED WARRANTY and COMMERCIAL TERMS
MACLEAN HIGHLINE warrants to Buyer that all products sold to Buyer will be free of defects in material and workmanship. This warranty shall apply for a period of three years from the date of shipment unless the products have been subjected to misuse, damage, improper installation, or alteration by anyone other than MACLEAN HIGHLINE. Buyer shall notify MACLEAN HIGHLINE promptly in writing of any claim based on this warranty and in the event of breach of this warranty, MACLEAN HIGHLINE will, at its sole option, repair the defect or replace the product. No cost will be incurred by MACLEAN HIGHLINE other than the replacement value of the product itself. All expenses related to the removal and transportation incurred by the Buyer in delivering the product to MACLEAN HIGHLINE for repair or replacement of products is the responsibility of the Buyer. HIGHLINE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCTS, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABLILITY. BUYER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THAT GOODS WILL SUITABLY MEET REQUIREMENTS OF THEIR INTENDED USE
This warranty is expressly in lieu of any other express OR IMPLIED WARRANTY ANDMACLEAN HIGHLINE MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTYOF FITNESS OR MECHANTABILITY. MACLEAN HIGHLINE, IN NO CASE, WILL BE LAIBLE FOR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES RESULTING FROM A BREACH OF THIS WARRANTY.
Terms and Conditions
PAYMENT TERM: Due and payable thirty days from date of invoice.
PRICES : All prices are in US dollars. All prices are subject to change at anytime without notice. Each order shall be subject to the acceptance of MACLEAN HIGHLINE.
FREIGHT POLICY : Unless otherwise specified, all pricing is FOB factory. This means that the Buyer has to bear all costs and risks to loss of or damage to the goods from that point. Buyer is responsible for any storage charges, taxes, duties, etc. Buyer is responsible for any added freight cost due to tailgate delivery, jobsite delivery, or by requiring special delivery arrangements including flatbed delivery. MACLEAN HIGHLINE reserves the right to select carrier and routing.
CANCELLATION; Orders are not subject to rescheduling or cancellation unless Buyer indemnifies MACLEAN HIGHLINE fully against all costs or expenses arising in connection therewith .
DELIVERY SCHEDULE : MACLEAN HIGHLINE will make every effort to meet quoted ship dates or to meet Buyer's requested date of delivery. Under no circumstances shall MACLEAN HIGHLINE be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
FREIGHT CLAIMS: All freight claims for damage must be filed with freight carrier by Buyer. Buyer must note any damage on delivery receipt at the time of delivery: otherwise any claim will not be considered. MACLEAN HIGHLINE assumes no responsibility for damage, or hidden damage on products, if a freight claim is not filed within ten (10) days of delivery to the Buyer.
RETURNED GOODS: MACLEAN HIGHLINE manufactures a diverse product line; many items are custom built. MACLEANHIGHLINE will not accept returns caused by: 1) job cancellation; or 2) the ordering of an incorrect product by the Buyer. Furthermore, MACLEAN HIGHLINE will not accept returns of custom-made products. At the discretion of HIGHLINE, under certain circumstances, standard or stock items may be accepted for credit or exchange. Buyer shall be responsible for both the freight cost of the initial delivery to the Buyer and the return to MACLEAN HIGHLINE, plus a restocking charge equal to 35% of the product's selling price to the Buyer. Returned product is subject to inspection and acceptance by MACLEAN HIGHLINE prior to issuing credit to the Buyer for the returned product. Buyer must obtain a Return Material Authorization from MACLEAN HIGHLINE prior to shipping any product.
Miscellaneous: The information in our catalogs, brochures, literature and web site has been carefully checked and is believed to be accurate; however, no responsibility is assumed for clerical, typographical or proofreading errors, or omissions.