Terms and Conditions
Limited Warranty
MESA International Technologies, Inc. warrants that gas products manufactured by MESA International Technologies, Inc. will comply with Compressed Gas Association (CGA) guidelines. Any other goods manufactured by MESA International Technologies, Inc. or services provided by MESA International Technologies, Inc. will conform to MESA International Technologies, Inc. standards specifications. Supplier makes no warranty with respect to goods manufactured by others, but will, on request, to the extent permitted, pass on to you any applicable manufacturer’s warranty. MESA International Technologies, Inc. makes no other warranty or representation of any kind, expressed or implied, and expressly disclaims any warranty, implied or expressed, of merchantability or fitness for particular purpose.
MESA International Technologies, Inc. goods and services are intended only for purchase by persons skillful in the maintenance and use of such goods and services. You represent that you are so skilled. To the extent permitted by law.
Calibration Gas Mixtures
MESA Specialty Gases & Equipment calibration gases are warranted by MESA International Technologies, Inc. for the stated recommended shelf life of the calibration gas mixture. The purchaser must return such defective item, with all transportation charges prepaid by said purchaser to Customer
Service Department, MESA International Technologies, Inc., 2427 South Anne Street, Santa Ana, CA 92704. MESA International Technologies, Inc. may run analysis on the cylinder to determine if the calibration gas mixture is within specifications. If the calibration gas mixture is within specification, no refund of shipping will be applied and return shipping is to be paid by the customer. If product confirms out of specification, MESA International Technologies will replace product and reimburse shipping costs to end user. The warranty on any repaired or replacement part shall be for a duration of time no longer than the remaining or unexpired term of the original warranty.
Gas Handling Equipment
MESA Specialty Gases & Equipment gas handling equipment when installed and used according to manufacturer’s instructions is warranted for one (1) year from the date of its original installation against defects in material or workmanship of the product for parts only. Any defective part in the product will be, at MESA International Technologies, Inc. option, either repaired or replaced. The purchaser must return such defective item, with all transportation charges prepaid by said purchaser to Customer Service Department, MESA International Technologies, Inc., 2427 South Anne Street, Santa Ana, CA 92704. The warranty on any repaired or replacement part shall be for a duration of time no longer than the remaining or unexpired term of the original warranty.
Disclaimer and Exclusions
The following shall be applicable to those products of MESA International Technologies, Inc., described above:
1. The warranty described hereinabove shall be IN LIEU of any other warranty, express or implied. Except as set out hereinabove, there are NO other warranties and any statutory or implied warranty of MERCHANTABILITY or fitness for a particular purpose is EXCLUDED from this transaction and shall not apply.
2. The purchaser agrees that his sole and exclusive remedy against MESA International Technologies, Inc. shall be for the repair or replacement of defective parts as provided hereinabove. The purchaser agrees that NO OTHER REMEDY (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available to him. The sole purpose of the stipulated exclusive remedy provided for herein, shall be to provide the purchaser with repair and replacement of defective items in the manner provided hereinabove.
This exclusive remedy shall not be deemed to have failed of its essential purpose so long as MESA International Technologies, Inc. is willing and able to repair or replace defective parts in the
prescribed manner. The purchaser shall not be required to deliver a defective part to MESA International Technologies, Inc. if:
(1) The part was destroyed as a result of its defect or any defect in any part covered in this warranty; and
(2) MESA International Technologies, Inc. is reasonably satisfied that the part was defective at the time of sale. If both of these conditions are met, MESA International Technologies, Inc. will replace the part in the same manner provided herein as if the purchaser had delivered it to MESA International Technologies, Inc.
3. The purchaser acknowledges that no oral statements purporting to be warranties, representations, or guarantees of any kind about any product of MESA International Technologies, Inc. have been made to purchaser by MESA International Technologies, Inc. or its dealer which in any way expands, alters or modifies the terms of the warranty set out herein. Any such statements do not constitute warranties, shall not be relied on by the purchaser, and are not part of the contract of sale. This writing constitutes a complete and exclusive statement of the terms of any warranty, express or implied, of MESA International Technologies, Inc.
4. There is NO WARRANTY for any defective part of a MESA International Technologies, Inc. product which has been removed from its original installation site or which arises from mishandling, neglect, fire, flood, lightning, corrosive atmosphere, improper installation of the product, unauthorized modification of the product, improper gas or liquid supply to the product, or the failure of the purchaser to properly install the product as is set out in the installation instructions.
Indemnity
If there is any injury (including death), loss or damage to the person or property of any third-party (including employees of either party), then, subject to any limitations set forth in this Agreement, each party agrees to indemnify the other party to the extent of the indemnifying party’s negligence.
Damage Limitations
MESA International Technologies, Inc. shall not be liable to you for incidental, consequential, or punitive damages. MESA International Technologies, Inc. sole liability and your sole remedy for any damages, including but not limited to damages resulting from the goods, supplier’s failure to deliver such goods, the cylinders or the maintenance of the cylinders, shall be limited to, at supplier’s option, the refund of the purchase price or replacement of the product, cylinder or service or service in question. MESA International Technologies, Inc. shall have no liability for any damages resulting from products not manufactured by MESA International Technologies, Inc., and your sole remedy shall be against the manufacturer and shall be limited to the remedies contained in the manufacturer’s warranty.
You must notify MESA International Technologies, Inc. of any claim within 15 days of the event giving rise to such claim or such claim is waived. The limitations contained in this section shall apply regardless of whether the claim for damages is based on breach of contract, breach of warranty, tort or otherwise, and shall apply even where such damages are caused in whole or in part, by the negligence, gross negligence or acts and/or omissions of the party claiming damages or the party from whom damages are sought.
Warning Concerning Hazardous Nature of Products and Training Obligations
You acknowledge that: a) the gas products and related equipment are hazardous and must be handled accordingly; b) those goods are classified by the US Occupational Safety and Health Administration (“OSHA”) as hazardous chemicals, and that there are hazards associated with the possession and use of the goods; and c) you must take proper account of those hazards and deal with them appropriately.
You shall warn all persons who may be exposed to any hazards relating to any of the goods and equipment and shall train them in the proper use of the goods and equipment. You acknowledge that Supplier has supplied you with all relevant Material Safety Data Sheets (“MSDS”) relating to the goods, and that more MSDS are available from Supplier on request. You are also aware that OSHA regulations require you to develop and implement a written chemical hazard communications program for your employees regarding all hazardous chemical goods.
You understand that the goods must not be used without consulting the MSDS and will ensure that all employees, customers and others who may be exposed to the goods receive and refer to the MSDS.
Applicable Laws and Severability
Entire Agreement
This agreement constitutes the parties’ entire agreement with respect to the subject matter hereof. No provision of any purchase order or similar document shall alter or add to their agreement.
Notices
Notices given in connection with this agreement must be in writing and sent to the parties’ addresses above or any substitute address that either party may provide to the other by notice hereunder. Notice shall be considered to be given on the date it is sent by prepaid mail or, if otherwise delivered, on the date of delivery.
Compliance with Laws
You shall conform to all laws, ordinances, rules and regulations now in force or hereafter adopted which relate to and/or have jurisdiction over the purchase, storage or use of the goods and/or related equipment and all other aspects of your business and operations, including any applicable licensing, permitting and registration obligations and environmental laws.
Excuse of Performance
MESA International Technologies, Inc. shall not be liable for failure to perform if prevented by circumstances beyond its reasonable control.