Doing business with McCown Technology Corporation – Terms and Conditions
These Terms and Conditions govern all sales by McCown Technology Corporation herin referred to as “us” or “we”, 8400 North, Hwy-36, Lake Point, Utah, USA. Terms and Conditions contained in Buyer’s purchase order or any other document that are different from or in addition to these Terms and Conditions are objected to, are rejected, and will not be binding on us. Buyer will be deemed to have agreed to these Terms and Conditions by issuing a purchase order number and upon receipt from us of a written acknowledgement of Buyer’s placement of an order. Not-withstanding the foregoing, if we at Buyer’s request, commence performance in any way prior to receipt by Buyer of our written acknowledgement, Buyer’s acceptance of these Terms and Conditions will be deemed to have occurred on the date such performance commences. If for any reason, our Quotation is deemed an acceptance of an offer made by Buyer, such acceptance is expressly conditioned on Buyer’s assent to these Terms and Conditions, which assent will be evidenced by the earlier of Buyer’s acceptance of items delivered by us or any other performance by Buyer or by us. We will proceed to sell items only if Buyer assents to these Terms and Conditions.
Any such use of products sold by us is at Customer’s sole risk.
Jurisdiction and Venue
Customer agrees that any legal action brought against us shall be governed by the laws of the State of Utah without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from any purchase shall be an appropriate federal or state court of competent jurisdiction located in Tooele County, Utah.
Limitation of Liability
In no event shall we, our Directors, Officers, Employees and Representatives be liable for indirect, special, incidental, consequential, punitive or other damages including but not limited to loss of use, loss of data, loss of business income or profits or breach of implied warranties of any kind arising out of the purchase, use or performance of the Products, whether or not it has been advised of the possibility of such damages. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Remedies and Limitations on Remedies
In the event of any material breach of the warranty, we will, at our sole option, credit Buyer’s account or repair any defective goods or furnish a replacement part or goods, all subject to Buyer providing written notice of the alleged breach within the time required. The remedies set forth herein shall be the sole and exclusive remedies available to buyer so that our credit of Buyer’s account or repair or replacement is a fulfillment of all our obligations. We shall not be liable for any special, consequential, incidental or punitive damages of any kind, nor under any circumstance shall we be liable for damages beyond the price of the goods purchased by Buyer, whether in contract, in tort or under any warranty or other use. We shall not be liable for any shipping or transportation costs nor any removal or installation costs.
Your receipt of an email or other form of order confirmation does not constitute our acceptance of your order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. All orders are subject to review and acceptance by us. Verification of information may be required prior to the acceptance of any order.
Pricing and Specifications
All prices and specifications are subject to change without notice. We reserve the right to change pricing, products and specifications, or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes and errors in advertisements. We do not warrant any specification, drawing or product data to be accurate. Furthermore we will not accept returns, for any reason, of discontinued items.
Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from a Customer Service representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must be shipped prepaid. We will determine if credit will be issued upon evaluation of the product and packaging after it’s returned to us. Other details concerning returns are as follows:
Stock Item Returns
Items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the original order. These parts are eligible for full credit only if the returned products and packaging are in mint and salable condition and are not discontinued items. A repackaging/restocking charge not to exceed 25% of the sale price may be charged on any products not returned unopened. Under no circumstances will credit be issued after 30 days from date of invoice or for orders exceeding $500.00 in total value. All freight charges are the responsibility of the customer.
Shipping and Processing
All orders are shipped FOB our plant in Lake Point, UT. The minimum shipping and processing charge for domestic ground shipments is $10.00. Domestic ground C.O.D.: $20.00. Canadian ground shipments: $20.00. Outside the USA and Canada: $25.00.
Tolerances and Variations
Except in the particulars specified by Buyer and agreed to in writing by us, the goods being sold to Buyer will be produced in accordance with our standard practices. All goods, however, including those produced to meet an exact specification, will be subject to tolerance and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical and electrical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods.
Warranty and Liability
First and foremost, liability not to exceed the cost of the product.
Do not use any of our products where safety of life or property is involved. None of our tower products are rated for lifting or supporting humans under any circumstance. If a tower mount breaks and damage to other things on the tower occurs, liability is limited to the cost of the tower mount product. Tower mounts may become damaged or fail due to improper handling, installation, use and loading. McCown Technology Corporation has no control over such occurrences.
We warrant our manufactured products and assemblies for a period of one year from time of purchase. These products are warranted against defects in workmanship or materials under normal use. We cannot warranty our products in case of misuse, acts of God, or consequential damage. Alteration of product cancels all warranties. Under no circumstances will we be responsible for any damage beyond the replacement cost of the defective merchandise. We reserve the right to repair or replace any products that are returned under warranty. Products distributed by us carry the warranty of the respective manufacturer only. This warranty applies to the original purchaser only and is not transferable. This limited warranty covers normal use. The limited warranty does not cover damage incurred during shipment, caused by impact with other objects, dropping, immersion in liquid; service by anyone other than us, use not in accordance with instructions, accident, abuse, misuse, natural disasters such as flood, fire, earthquake or lightning, power surges and problems caused by use of power supplies not supplied by us. Warranty coverage will not apply in the event the serial number or brand-name has been removed, altered or defaced. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Now, with all the weasel wording out of the way, here is what you can expect: We stand behind our products and (if you are not an ass about it), you will probably be satisfied with how we make things right. In the past, certain parties have taken advantage of our desire to make things right, so we now have a much longer warranty. Be nice and we will probably also be nice.
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.