Terms and Conditions
Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your submittal of any purchase order indicates your acceptance of these terms and conditions. These terms and conditions shall supercede any earlier terms and conditions included with any purchase order, whether or not such terms and conditions are signed by MTI Corporation. MTI Corporation reserves the right to make changes to this site and these terms and conditions at any time.
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
Orders arising hereunder may be changed or amended only by written agreement, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery. Buyer may not cancel this order unless such cancellation is expressly agreed to in writing by Seller.
Delivery, Claims, Delays
All sales are FOB Richmond, CA, unless otherwise noted. If Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs. Delivery of the goods to the carrier at Seller's shipping point shall constitute delivery to Buyer and Buyer shall bear all risk of loss or damage in transit. Seller reserves the right, in its discretion, to determine the exact method of shipment Delay in delivery of any installment shall not relieve Buyer of Buyer's obligations to accept remaining deliveries.
Immediately upon Buyer's receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller's written instructions concerning disposition. If Buyer shall fail to so notify Seller within fourteen (14) days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.
Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver, or otherwise perform hereunder due to any cause beyond Seller's reasonable control, including, without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm, or other natural disasters, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
You may order products from this on-line store using VISA, MasterCard, Discover and American Express. To protect you against unauthorized charges, credit card orders that are shipped to addresses other than your billing address will require additional verification. All credit card orders are subject to verification and approval.For open account information and overseas customers, please contact our Customer Service Department. Hard copy PO with valid PO number is required for all term customers.
In the event of default by Buyer in the payment of the purchase price or otherwise, of this or any other order, Seller, at its option, without prejudice to any other of Seller's lawful remedies, may defer delivery, cancel this Contract, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof. Amounts not paid when due shall be subject to interest at the rate of one and one-half percent (1.5%) per month or, if less, the maximum rate permitted by law.
Taxes and Other Charges
Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
To streamline your purchase and eliminate the waiting time on the phone, all orders and pricing shall be made through the Internet. Pricing as published on our website is in real-time.
For any cancellation of purchase order confirmed MTI Corporation reserve the right to charge a minimum of 25% restocking fee, including the cost of processing, shipping from vendor, labor, and packing materials. No cancellation will be accepted for all Built-to-Orders.
Shipping and Handling
Orders are usually shipped within 2 business days. Occasionally, orders may take up to 30 business days for shipment depending on the availability. Typical shipment will be made by UPS / FedEx (service availability varies by location). Shipping and handling fees are non-refundable. All sales are FOB Richmond, CA 94804.
For addresses within the 50 United States, we ship with the following exceptions:
- Hotels / Motels, etc. (USA)
- Trade Shows / Conventions / Conferences
- Freight Forwarders
We apologize for any inconvenience this may cause our customers and hope to offer additional shipping options in the very near future.
Must report all damaged merchandise to the carrier (UPS, FedEx) and forward a copy of the inspection report to MTI Corporation immediately upon receiving. Make sure that all packaging material is retained until the claim has been approved or dismissed. Discarding the packaging material will result in denial of claim by carrier. It is important that you request the carrier to contact MTI Corporation at (510) 525-3070. Highly recommend a statement of the damage along with photos to be generated. We reserve the right to replace damaged parts or entire product. MTI Corporation will not accept any merchandise back that has been assembled or attempted to be assembled.
Returns & Exchanges
Goods may not be returned for credit or exchanged except with Seller's permission, and then only in strict compliance with Seller's return shipment instructions. Certain items may not be returned for credit. Any returned items may be subjected to a 25% restocking fee, and any exchanged items due to the Buyer's fault may be subjected to a 15% restocking fee. Items must be returned within 30 days of purchase. Returned or exchanged items must be in unused condition and retain all the original packing materials.The customized product can be exchanged but not for refund.
RMA Request Procedures and Guidelines
MTI guarantees the quality of all products. If you are not satisfied with the products because it does not meet the claimed specification, you can exchange them or claim refund within thirty (30) calender days of the original invoice date. All products returned to us must be accompanied by a Return Merchandise Authorization (RMA). Contact our customer service department to obtain an RMA number.
We need the following information in order to issue an RMA:
(1) order number or invoice number (on your original invoice)
(2) MTI Corporation's part number and quantity.
(3) Reason for return and the nature of the problem.
(4) A Technical Support / RMA Request Form must be completed in order to obtain a RMA number, please click underline to download and submit to firstname.lastname@example.org (RMA request with missing or incorrect information may result in a delayed process or a rejection of request).
All RMA numbers are good for fifteen (15) days from the date of issued. Prepaid shipping is required for all returned products. A copy of your original invoice is required to process your return. Returned merchandise must be in original, new, re-sellable, undamaged condition and be accompanied by all original packaging, documentation and accessories. Therefore, please check the packaging and label carefully to be sure you receive the correct product and version. In all cases, returned product must be shipped prepaid with an approved RMA number clearly shown on the shipping label.
Shipping and handling are not included in the refund. Merchandise can not be returned due to customer's improper storage. (some of our single crystal products must be kept under a certain temperature and/or under no moisture dry condition) MTI Corporation reserves the right to refuse merchandise or impose a minimum of 25% restocking fee for any returns not meeting the above requirements. All undamaged merchandise must be received before any refunds or replacement can be processed (no cross-shipping). Please allow two (2) weeks for processing. Opened consumable supplies may not be returned or refunded.
Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller's website or other literature. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller.
Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller's sole discretion, upon the return of such products in accordance with Seller's instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE. All claims must be brought within one (1) year of shipment, regardless of their nature.
Consumable parts such as Alumina/Quartz Tubes/Crucibles, Heating Elements and Thermocouples will not be covered by the warranty.
Material Safety Data Sheet
Federal Hazard Communication Standard requires manufacturers or distributors to publish and distribute "Materials Safety Data Sheet (MSDS)"e; It additionally requires manufacture and distributors to furnish a copy of the MSDS for the users of their products. Accordingly a MSDS will be enclosed with each shipped product when you request so. We suggest that you make this information available to each and every user of our products.
Typographical and Misprinted Errors
We are not responsible for typographical or pictorial errors though we make every possible effort to avoid them. We reserve the right to change or correct prices or substitute products and manufacturers. Item's picture maybe for representation only! Specifications and descriptions are subject to change without notice.
Compliance with Laws, Regulations
Seller certifies that to the best of its knowledge its products are produced in compliance with applicable requirements of the Fair Labor Standards Act, as amended, and the Occupational Safety and Health Standards Act of 1970 and regulations, rules, and orders issued pursuant thereto.
Buyer's Use of Products
Seller's products are intended primarily for laboratory research purposes and, unless otherwise stated on product labels, in Seller's website, or in other literature furnished to Buyer, are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in Seller's literature furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test, use, manufacture and market any products purchased from Seller and/or materials produced with products purchased from Seller in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce.
Buyer realizes that, since Seller's products are, unless otherwise stated, intended primarily for research purposes, they may not be on the Toxic Substances Control Act (TSCA) inventory. Buyer assumes responsibility to assure that the products purchased from Seller are approved for use under TSCA, if applicable.
Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Seller. Buyer also has the duty to warn Buyer's customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by Seller relating to the use of the products and not misuses the products in any manner. If the products purchased from Seller are to be repackaged, relabeled or used as starting material or components of other products, Buyer will verify Seller's assay of the products. No products purchased from Seller shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.
Buyer's Representations and Indemnity
Buyer represents and warrants that it shall use all products ordered herein in accordance with "Buyer's Use of Products", and that any such use of products will not violate any law or regulation. Buyer agrees to indemnify and hold harmless Seller, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its officers, agents, employees, successors or assigns, by Buyer's customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of Seller's products, or by reason of Buyer's failure to perform its obligations contained herein.
At Buyer's request, Seller may, at Seller's discretion, furnish technical assistance and information with respect to Seller's products. SELLER MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDED BY SELLER OR SELLER'S PERSONNEL. ANY SUGGESTIONS BY SELLER REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN A WRITING SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
Seller's failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of Seller's right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity. Any waiver of a default by Buyer hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.
This Agreement is made under and shall be governed by and construed under the laws of the State of California, and controlling U.S. federal law, and the choice of law rules of any jurisdiction shall not apply. The parties agree that any action shall be brought in the United States District Court for the Northern District of California or the California Superior Court for the County of Contra Costa, as applicable, and the parties hereby submit exclusively to the personal jurisdiction and venue of these courts. The parties hereto expressly exclude any application of the Convention for the International Sale of Goods to the governance and interpretation of this Agreement.
MTI’s products, programs, and services are subject to US export laws, rules, treaties, regulations, and international agreements. All individuals who access MTI’s website assume the responsibility of abiding by the US export laws, rules, treaties, regulations, and international agreements along with applicable foreign laws when transferring, selling, importing, exporting, re-exporting, deemed exporting, diverting, or otherwise disposing of such products, programs, and services. By reviewing MTI’s terms and conditions, you represent you are not in a sanctioned country nor are you an individual or an entity whose access to this website is restricted by US export laws, rules, treaties, regulations, and international agreements.
If the products purchased from seller are to be used in the performance of a U.S. government contract or subcontract, no government requirements or regulations shall be binding upon Seller unless specifically agreed to by Seller in writing. Failure or delay on the part of either party to exercise any right, power, privilege or remedy herein shall not constitute a waiver thereof.
Copyright and Trademark Notice
This site is owned and operated by MTI Corporation. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of MTI Corporation, Copyright 1994-2013, ALL RIGHTS RESERVED. All audio and video clips are the sole property of MTI Corporation or their respective content providers. All software used on the site is the sole property of MTI Corporation or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MTI Corporation prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MTI Corporation is a registered trademark, or service mark of MTI Corporation. All other trademarks or service marks are the property of their respective owners. The use of any MTI Corporation trademark or service mark without MTI Corporation express written consent is strictly prohibited.
This site may contain links to other sites on the Internet that are owned and operated by third parties. Please note that MTI Corporation is not responsible for the operation of or content located on or through any such site.
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