Terms & Conditions
Last Updated: June 24, 2019
marmonlink.com (the "Website") and its partner affiliate program websites (also the "Website") are operated by Marmon Link Inc. ("Marmon Link"). Marmon Link provides its services and programs subject to the terms and conditions listed below. By using the Website, or by engaging in any other transaction with Marmon Link (such as by phone, fax, EDI, or email), you agree to and accept these Terms & Conditions.
All prices on the Website are in U.S. dollars.
The sales tax displayed during checkout is only an estimate—you are responsible for any different or additional taxes that are required.
Shipping and Freight
Our shipping terms are FOB Shipping Point. Shipping and freight costs, and any handling fees, may not always be able to be quoted during checkout. You are responsible for any shipping, freight, and handling fees, as well as any extra charges for additional shipping services.
Marmon Link accepts Visa, MasterCard, and American Express. We generally do not charge your credit card until your order has entered the shipping process.
To apply for credit terms, please contact our Customer Care team. If you have established Marmon Link credit, payment terms are net 30 days from the date of invoice. Past due amounts may have a 1.5% service charge applied each month. We may revoke credit terms at any time.
For credit card sales, if for some reason we are not able to obtain timely payment from you, you must submit your full payment through other means. Exceeding your credit limit may prevent you from ordering from Marmon Link until your balance is resolved. If our repeated efforts to collect payment from you are unsuccessful, we may forward your account to an outside collection agency in which you agree to pay your balance and any additional collections fees.
Risk of Loss
All products purchased from Marmon Link are made pursuant to a shipment contract. This means that the risk of loss and title for purchased products passes to you once we give your shipment to the carrier. When you return products, the risk of loss and title passes back to us once we receive the products from the carrier.
If you request a subscription order on an eligible product, these orders will be future-dated for the duration and frequency you selected. Like other orders, each subscription order will be invoiced at the time of shipping. You are responsible for all shipping and freight costs related to subscription orders. Subscription orders will be shipped via UPS Ground unless you direct us otherwise.
You are responsible for keeping your account and password confidential, and by using the Website you agree to accept responsibility for all activities that occur under your account and password. If you are under 18, you may use the Website only with the supervision of a parent or guardian. Marmon Link reserves the right to refuse service, terminate accounts, or cancel orders at its own discretion. Marmon Link will edit your account information only with your express consent.
When you use the Website or send communications from your desktop or mobile device to us, you are communicating with us electronically. You agree to allow us to send you electronic communications, such as emails or notices and messages on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
Copyright & Trademarks
All content on the Website is the property of Marmon Link or others from which we accept content for our use and may not be used without our permission. Marmon Link and the Marmon Link logo are registered trademarks of The Marmon Group LLC. Equipment manuals and related documents are submitted by manufacturers, and we do not guarantee their accuracy or completeness, including translations into any language. You may not engage in any activities that monitor, copy, or scrape content on the Website using any robot, spider, crawler, or other automatic device or manual process.
Displays or references of names, logos, products, or services of third parties are not endorsements or sponsorships by Marmon Link, but are provided for education and convenience.
We do not guarantee that the Website and any affiliated applications will have uninterrupted or error-free operation, that content will always be correct, or that our software is free of harmful components. Prices, availability, terms, designs, material specifications, weights and dimensions and all other information on the Website are subject to change without notice.
We will use commercially reasonable efforts to make supplier factory warranties available to you. See "Returns for Warranty or Defective Parts" below for instructions on warranty-related claims and returns.
FOR PRODUCTS PURCHASED UNDER THESE TERMS & CONDITIONS, MARMON LINK DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MAKES NO WARRANTY OTHER THAN THE WARRANTY OF TITLE AND THE WARRANTIES EXPRESSED IN THIS AGREEMENT.
You acknowledge and agree that products purchased from Marmon Link are not designed or intended for use in aircraft.
If a product is damaged during shipping, our Customer Care team will assist you with the claim process. You must note the damage on the bill of lading, and any obvious package damages must be signed by you as damaged when you receive it.
To return a product, email email@example.com for instructions. Please include your customer account number, order number, or P.O. number for the order containing the products you wish to return. We will not accept any returns without prior approval, and this approval may be given or withheld at our discretion. A restocking fee may apply for most returns. Returns will not be accepted beyond 90 days of the product's purchase. Special Order or nonstock products may not be cancelled or returned.
Returns for Warranty or Defective Parts
For all warranty-related returns, a completed Warranty/Defective Claim form is required and can be obtained by contacting our Customer Care team. Warranty/Defective Claims are limited to the warranty conditions provided by the product's manufacturer. For us to validate and process your warranty claim, you must follow all instructions found on the Warranty/Defective Claim form. You are responsible for any shipping or freight costs related to your Warranty/Defective Claim, as well as any subsequent replacement products.
Disclaimer of Certain Damages/Limitation of Liability
IN NO EVENT SHALL MARMON LINK, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR:
ANY THIRD PARTY CLAIMS; OR
ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES AND EXPENSES OF ANY TYPE OR NATURE ARISING IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
MARMON LINK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING PRODUCTS OR ANY OTHER PERFORMANCE.
NOTHING IN THIS SECTION SHALL LIMIT EITHER PARTY'S LIABILITY:
IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT; OR
FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY ITS NEGLIGENCE.
SUPPLIER'S CUMULATIVE LIABILITY FOR LOSS OR DAMAGES UNDER OR RELATED TO THESE TERMS & CONDITIONS FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE TOTAL AMOUNT PAID BY YOU TO MARMON LINK DURING THE 30-DAY PERIOD PRECEDING THE DATE OF THE EVENTS GIVING RISE TO THE LIABILITY, LESS ANY PAYMENT PREVIOUSLY MADE BY MARMON LINK TO YOU IN RESPECT OF ANY LOSS OR DAMAGES ASSOCIATED WITH SUCH EVENT.
IN NO EVENT SHALL ANY MARMON LINK SUPPLIER, AGENT, OR AFFILIATE HAVE ANY LIABILITY OR RESPONSIBILITY RELATED TO ANY TRANSACTION BETWEEN YOU AND MARMON LINK.
You will defend (at Marmon Link's request), hold harmless, and indemnify Marmon Link, its parent, affiliated companies and suppliers, and their respective officers, agents, and employees for any and all damages, liabilities, allegations, claims, lawsuits, demands, judgments, awards, or settlements, for:
injury to person, property, business, or otherwise related to the products or other performance by Marmon Link in relation to transactions with you, even if, to the extent permitted by law, arising from Marmon Link's negligence, or
your breach of these Terms & Conditions.
Marmon Link's indemnification rights and remedies and all of Marmon Link's other rights and remedies provided in these Terms & Conditions shall be non-exclusive rights and remedies for Marmon Link. This section shall be construed in favor of providing defense and indemnification.
Marmon Code of Responsible Business
Marmon Link's parent company is The Marmon Group LLC ("Marmon Group"). You agree to comply, and cause your personnel to comply, with Marmon Group's Code of Business Conduct and Ethics, which is available upon request from us.
The laws of the State of Minnesota govern these Terms & Conditions and all business relations and transactions between you and us.
These Terms & Conditions are the complete and final agreement between you and us. Except for a separate and express contract between you and us, no purchase order or other communication from you to us that contains provisions different from what is in these Terms & Conditions may supersede these Terms & Conditions.
All claims and disputes arising under or relating to these Terms & Conditions are to be settled by binding arbitration in Minneapolis, Minnesota by one arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. An award of arbitration may be confirmed in a court that has jurisdiction.
If any provision in these Terms & Conditions is held to be illegal, invalid, or unenforceable, all other provisions in these Terms & Conditions will remain in full force and effect. The illegal, invalid, or unenforceable provision will be deemed stricken and replaced with one that is legal, valid, and enforceable, and as near in substance as possible to the original provision.
We recommend that you regularly review these Terms & Conditions, as we reserve the right to update them at any time without notice.
If you have any questions about these Terms & Conditions, or to send notices, please contact us at one of the following:
Marmon Link Inc.
101 Broadway Street West
Osseo, MN 55369