Momentum Machine Tool Company, Standard Terms and Warranty Conditions
Prices shown are list. Factory or regional incentive discounts may be available, and if so will be received via email after saving a quote as a logged-in user. Prices and specs may be subject to change until confirmed by our written order acknowledgment.
All quotations; customer’s purchase orders; and acknowledgments of customer’s purchase orders by Momentum Machine Tool Company, LLC (“Momentum”) are subject to written acceptance and acknowledgment by Momentum and to the following STANDARD TERMS AND CONDITIONS OF SALE, and Momentum offers to sell its products and services only upon these terms and conditions.
1) SALE PRICES: All prices quoted are FOB shipping location and are subject to the terms of payment set forth in the final order acknowledged by Momentum. Prices and specifications quoted are subject to change without notice at any time until confirmed by our acknowledgment in writing of the customer’s purchase order.
2) CREDIT TERMS: Momentum may ship orders on credit based on the buyer’s creditworthiness, in Momentum’s sole determination. Standard credit terms are as follows:
a) Parts and service, net 30 days.
b) For machines shipping from stock at Momentum’s Houston location, standard terms are 10% deposit and balance due upon installation completion.
c) For machines shipping from Momentum’s factories, standard terms are 30% down, 60% prior to shipment, and balance due upon installation completion.
3) SALES AND USE TAXES, OTHER CONSUMER TAXES: Sales, use, excise, property or similar taxes arising out of or relating to the order of the equipment shipped pursuant to any purchase order are not included in the price except as otherwise specifically stated in the order or in the invoice. All such taxes are the responsibility of the customer. Momentum reserves the right at any time to separately bill the customer for any such tax which Momentum may be called upon to pay or to collect on account of the sale of the equipment.
4) ACCEPTANCE: Customer’s offer to purchase is an irrevocable offer to purchase, valid for thirty (30) days after receipt by Momentum. Customer’s offer shall not be binding upon Momentum or create any obligations on Momentum’s part unless and until Momentum shall have accepted customer’s purchase order at its corporate office in Houston, Texas. Such acceptance shall be made only by Momentum’s written transmittal to the customer of acceptance. After acceptance, the contract between us relating to the sale by Momentum and the purchase by the customer of the equipment specified in the offer to purchase shall be specifically subject to these Standard Terms and Conditions of Sale, notwithstanding any other conditions of sale or purchase which may be contained in the customer’s purchase order. It is an express condition of Momentum’s acceptance of the customer’s purchase order that in the event of any conflict between any conditions of sale or purchase set forth in customer’s purchase order and these Terms and Conditions of Sale, the latter shall be applicable in all events. After acceptance, the contract between us relating to the sale and purchase of the equipment shall be construed in accordance with the laws of the State of Texas.
5) DELIVERY: Unless stated in the order acknowledgment, no estimate has been made of the length of time required for delivery of the equipment covered by the order. If an estimate of time of delivery of the equipment has been made, it is approximate only and will begin to run at the date of Momentum’s acceptance of customer’s purchase order. Momentum shall not be responsible for delays caused by civil insurrection, war, fire, strikes, labor stoppages, acts of God, shortages of materials, the failure of suppliers or subcontractors to satisfactorily meet scheduled deliveries, the establishment of any priority system by the United States of America or any of its agencies, or any other factor or event beyond its control.
6) TITLE, RISK OF LOSS: Title shall not pass from Momentum to the customer until Momentum has been paid in full for the equipment, and Momentum shall retain a security interest in the equipment at all times until Momentum has been paid in full. Upon delivery by Momentum to a carrier for shipment of equipment to the customer, risk of loss shall pass to the customer. Thereafter, the carrier shall be deemed to be acting for and on behalf of the customer, and the terms of payment for the equipment shall not be affected by damage to or destruction of the equipment sold.
7) DELAYS AND CANCELLATIONS: In the event that, after Momentum’s acceptance of the customer’s purchase order, the customer requests Momentum to delay shipment of the equipment, the purchase price shall become due and owing thirty (30) days after the equipment is ready for shipment. No requests for delays beyond the specified delivery date will be honored by Momentum without Momentum’s expressed written consent. No order may be cancelled without the expressed written consent of Momentum. In the event of cancellation, Momentum shall be deemed to have been damaged to the extent of, but not limited to, the amount of any deposit held by Momentum, and Momentum shall retain such deposits as damages, and not as a penalty.
8) PARTS AND PERIPHERALS RE-STOCKING: A 20% minimum re-stocking charge shall apply to all machine parts and peripheral items returned. All returns must be authorized by Momentum in writing and are subject to inspection before acceptance. Items ordered special and not normally stocked are non-returnable.
9) LIMITED WARRANTY; DISCLAIMER OF IMPLIED WARRANTIES, LIMITATION OF LIABILITY: Momentum extends this Limited Warranty to the customer, provided said customer: (i) is the machine’s original buyer, (ii) buys the machine from Momentum or from an authorized Momentum reseller, and (iii) buys the machine other than for resale. This Limited Warranty is not transferrable. Momentum warrants to the customer that Momentum’s machine tools shall be free of defects in materials and workmanship.
a) For machine tools, Momentum shall, at its sole discretion, replace or repair any machine or part thereof (including Intek controls; Fanuc are controls subject to Fanuc’s separate warranty, as below) defective in material or workmanship for a period of: two (2) years of operation from the completion of installation, or thirty (30) months from the date of shipment, or 6,000 hours of operation, whichever is earlier.
b) For 3rd party peripheral devices (such as accessories) purchased from Momentum, then Momentum shall, at its sole discretion, replace or repair any peripheral device or part thereof defective in material or workmanship for the duration of its manufacturer’s Limited Warranty.
c) During the Limited Warranty period the customer shall be responsible for performing or having performed all recommended maintenance in accordance with Momentum’s and any peripheral device manufacturer’s specifications. This Limited Warranty shall remain in effect only if the machine is used and maintained in accordance with the operating instructions set forth in the manuals and instruction sheets furnished by Momentum and any peripheral device manufacturer. This Limited Warranty terminates if any safety device or recording function is removed, altered or rendered partially or fully inoperable. Momentum shall have no obligation under this Limited Warranty until customer has fulfilled its payment obligations. The customer shall permit Momentum staff or authorized Momentum agent reasonable access and for a reasonable time to make the determinations in this paragraph, all at Momentum’s discretion.
d) All Limited Warranty repairs must be either performed or authorized by a Momentum authorized service organization. Technician travel expense, repair labor costs, replacement parts, and ground freight charges for replacement parts, all when under the conditions of this Limited Warranty, are paid by Momentum. Materials or parts alleged to be defective must be returned to Momentum, if Momentum so requests, at Momentum’s transportation cost. No allowance shall be made for repairs or alterations made without Momentum’s prior, written approval.
e) This Limited Warranty excludes:
i) Machines sold or installed outside of the contiguous 48 states of the United States.
ii) Peripheral devices or accessories not purchased from Momentum.
iii) Damage, malfunction, or failure caused by improper maintenance, misuse, neglect, accident, or other cause beyond the control of Momentum.
iv) Damage, malfunction, or failure caused by modification of the machine without written authorization by Momentum.
v) Paint, batteries, filters, fluids, fuses, light bulbs, or any other commonly consumable, wearable, or expendable items.
vi) Fanuc-brand control packages, including control, motors, and drives for both spindle and axis, which instead have that manufacturer’s two year parts and labor Limited Warranty.
vii) Machines used for machining materials that are hazardous or may contribute to premature machine failure. Such materials may include radioactive, chemically active, corrosive, highly or abrasive not typically encountered in the metalworking environment.
f) No person other than Momentum is authorized to change or modify the terms of this Limited Warranty in any manner. Momentum makes no warranties, guarantees, or representations, explicit or implied with respect to its machine tools or any parts thereof, except as set forth herein. The equipment does not necessarily comply with any codes or standards unless specifically quoted, ordered, and accepted as such.
g) THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, WHICH ARE EXPRESSLY EXCLUDED. MOMENTUM’S LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO ITS PROMISE TO REPAIR OR REPLACE THE DEFECTIVE GOODS. MOMENTUM SHALL HAVE NO FURTHER LIABILITY IN CONTRACT OR NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, FOR DAMAGES OR DELAY RESULTING FROM THE DEFECT. UNDER NO CIRCUMSTANCES IS MOMENTUM LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING: LOSS OF INCOME OR PROFITS; MACHINE DOWNTIME; DAMAGE TO OR LOSS OF MATERIAL; COST OF A REPLACEMENT OR ALTERNATIVE MACHINE; THIRD PARTY DAMAGE; FINES, BUSINESS TAXES, OR BUSINESS COSTS OR LOSSES; ATTORNEY’S FEES; OR ANY CUSTOMER LIABILITY WITH RESPECT TO ANY PERSON OR ENTITY.
10) MODIFICATION OF TERMS AND CONDITIONS: No addition to or modification of any of these provisions shall be binding upon Momentum, unless made in writing and signed by a duly authorized representative of Momentum. These provisions constitute the entire agreement of the parties and any terms, oral or written not specified herein shall be binding.
11) SUCCESSORS: All terms and conditions set forth herein are and shall be binding upon and inure to the benefit of the parties herein.
12) ATTORNERYS’ FEES: In the event of litigation with regard to the rights and duties of the parties under these terms and conditions, or interpreting these terms and conditions, the prevailing party shall recover from the losing party all costs of litigation, including reasonable attorneys’ fees.