Legal

Terms & Conditions

Quotes

Clerical errors are subject to correction. Orders are subject to acceptance at the Mach Five Motors, Inc. (the “Seller”) office. Performance of our part of the quote is expressly conditional on the acceptance of the terms and conditions by the customer (the “Buyer”) linked to the quote. We reject any other terms and conditions.

Prices

Prices are based on our costs of raw materials at the time the order is made. Orders that are delivered over three months are subject to price increases due to raw material increases or surcharges placed on the life of the order. The quoted price is good for 30 days. Part production delayed by the customer for more than six months from the purchase order acknowledgement date are subject to re-quotation based on current material and production costs (see Samples clause). Price quoted is best price based on submitted requirements. Undocumented requirements not submitted and acknowledged at time of the initial contract review will be charged as cost plus unless expressly waived by the Seller.

Cancellations

Orders may be cancelled by the Buyer only upon condition that the Buyer assumes immediate liability and makes payment for all work completed and in process. Such charges will include raw materials, unamortized tooling, engineering, handling, overhead, and production costs. Such charges will be determined at the time of cancellation or deferment.

Delivery/Shipments

The Seller will not be liable for damages for default or delay in production or delivery for causes beyond its control including, but to limited to, catastrophic loss or breakdown of equipment, labor disputes, embargoes, acts of God, supplier delays, government restrictions, riots, pandemics, or carrier delays. Bulk packaging is standard unless otherwise specified in writing during the quotation process. Any release delayed more than 90 days from the original release date is subject to a 1.5% monthly carrying charge. Total shipments may vary +/- 5% from total order quantity. The Seller reserves the right to hold shipment to any Buyer that has open past due invoices until payment is received.

Taxes

All sale and/or use taxes and custom duties imposed by Federal, State, County, or municipal authority upon Seller’s transfer and delivery of merchandise will be paid by the Buyer.

Samples

If requested, the Seller will submit samples for approval when starting production of any order. These samples will be sent overnight to the Buyer. The Buyer will have five business days to review the samples and submit verbal acceptance or rejection of the samples, followed by written confirmation within 10 business days of receipt of the samples. Failure of the Buyer to contact the Seller within five business days will be interpreted as acceptance of the samples as is. It is understood that machines are to be run immediately on acceptance of samples unless otherwise specified in the purchase order. Any changes in the original specifications will be made only at the Buyer’s direction and expense.

Claims

In all claims for weight discrepancies, the Buyer must notify the Seller within two business days of receipt of shipment. Any claim that the product is defective must be made within 60 days of receipt of shipment, or it will not be honored. Charges for inspection, repair, or replacement of parts by Buyer without prior authorization by Seller will not be honored. Claims will not be honored on those parts further processed by the Buyer resulting in change of dimensions or characteristics from parts ordered. Seller liability in any claim resulting from the use or incorporation into Buyer’s product will be limited to the value of the Seller’s product used therein. Parts that are subcontracted to an external operation, such as plating, heat treating, or passivation, will be warranted under the specification of the subcontractors terms and conditions. These will be included in the package with the purchase order when accepted at the Seller.

Tools and Dies

Tools, dies, gauges, and fixtures are part of the manufacturing process. As a proprietary item, payment by the Buyer, whether separately quoted or not, does not convey ownership or the right of removal from the Seller’s place of business.

Patents

The products hereunder are manufactured in accordance with the Buyer’s specifications and design. Accordingly, Buyer will defend and save harmless the Seller from all damages, claims, actions, or suits based on actual or alleged infringement of any patent registered in the U.S. or elsewhere. Indemnity will include attorney’s fees and any other costs tied to defending such a claim.

Warranty

The Seller warrants that goods manufactured by the Seller will conform to the drawings and specifications furnished by the Buyer. Where products are used and combined with other equipment or components not furnished by the Seller, the Buyer agrees to indemnify the Seller for all claims and expenses resulting from the use or incorporation into Buyer’s products. No express or implied warranty of merchantability or fitness for use is made except as provided herein.

Limited Liability

The Seller liability will be limited to the amount of the purchase price of the part for any defective parts. The foregoing states the Seller’s entire and exclusive liability. In no event will the Seller be liable for consequential or special damages arising from any defect or use of its product.

Terms of Use

These Term of Use (these “Terms”) govern your use of the Mach Five Motors website (“Website”). By using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you object to any of these Website Terms of Use.

This Website is not for use by any minors (defined as those who are not at least 18 years of age) and you must not use this Website if you a minor.

Please read these Terms of Use carefully before using this Website (the “Service”) operated by Mach Five Motors, Inc. (“us”, ‘we”, “our”).

Conditions of Use

We will provide our Services to you, which are subject to the conditions stated below. Every time you visit this Website or use its Services, you accept the following conditions.

Privacy Policy

Before you continue using our Website we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.

Copyright

Content published on this Website (including, but not exclusive to digital downloads, images, texts, graphics, logos, etc.) is the property of Mach Five Motors, Inc. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this Website is the exclusive property of Mach Five Motors, Inc., with copyright authorship for this compilation by Mach Five Motors, Inc..

Communications

Communication with us is entirely electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to our newsletter, you will receive regular emails from us. We will continue to communicate with you by posting content and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing. You may unsubscribe from communications from us at any time.

Applicable Law

These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.

Disputes

Any dispute related in any way to your visit to this Website or to products you purchase from us shall be arbitrated by state or federal court of the State of Massachusetts and you consent to exclusive jurisdiction and venue of such courts.

Comments, Reviews, and Emails

Visitors who post content may do so if such content is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content must be free of viruses, political campaigns, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Mach Five Motors, Inc. non-exclusive, royalty-free, and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

We will only send you emails about topics such as news, offers, and technology developments if you have explicitly opted in to receive them. To request a copy of the information we have on file for you, to revise that information, to delete your information, or to unsubscribe at any time, you can email crew@machfivemotors.com.

We will never share or sell your information.

Rules for Social Interaction

We provide an inclusive, welcoming, and cooperative environment with any social media account we operate. Trolls and troublemakers will not be tolerated. We will not engage if behavior or content is: disrespectful, illegal, defamatory, derogatory, inflammatory, a commercial or personal solicitation.

We have the right to ban, delete, or block users and content that is deemed as such, with or without warning. If behavior, comments, media, or other content is illegal, we reserve the right to report such behavior or content to the appropriate authorities.

License and Site Access

We grant you a limited license to access and make personal use of this Website. You are not allowed to download or modify it.

Limitation of Liability

In no event will Mach Five Motors, Inc., nor any of its officers, directors, and employees, be liable to you for anything arising out of, or in any way connected with, your use of this Website, whether such liability is under contract, tort or otherwise, and Mach Five Motors, Inc., including its officers, directors, and employees, will not be liable for any indirect, consequential, or special liability arising out of, or in any way related to, your use of this Website.

Indemnification

You hereby fully indemnify Mach Five Motors, Inc., its officers, directors, and employees from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of, or in any way related to, your breach of any of the provisions of these Terms.

User Accounts

If you are an owner of an account on this Website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit, or remove content and cancel orders at our sole discretion.

Variation of Terms

Mach Five Motors, Inc. is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Mach Five Motors, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Last updated: March 19, 2024