Terms and Conditions
A. Prices and Specifications All prices, product descriptions, dimensions, weights, and specifications published in catalogs, price lists, websites, or quotations are for general informational purposes only and are subject to change without notice. Myton Industries reserves the right to modify, discontinue, or substitute any product or material at any time. Published prices are not guaranteed until a written order acknowledgment has been issued by Myton Industries.
B. F.O.B. Point All shipments are F.O.B. Hallandale Beach, Florida 33009. Title and risk of loss pass to Buyer upon tender of goods to the carrier at our facility. Myton Industries is not responsible for loss, damage, delay, or misdelivery occurring after goods leave our facility. Buyer is responsible for filing freight claims with the carrier for any damage or shortage occurring in transit. Buyer should inspect all shipments immediately upon receipt and note any visible damage on the carrier’s delivery receipt before signing.
C. Payment Terms Payment is due Net 30 days from the date of invoice unless otherwise agreed in writing prior to shipment. Invoices unpaid after 30 days will accrue a late charge of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. Myton Industries reserves the right to require prepayment or other security at any time. Accounts with balances more than 60 days past due may be referred to a collections agency or legal counsel, and all associated collection costs, attorney’s fees, and court costs shall be the sole responsibility of the Buyer.
D. Minimum Orders There are no minimum order requirements at this time. Myton Industries reserves the right to establish minimum order quantities or dollar thresholds at its discretion with notice.
E. Taxes Quoted prices do not include any Federal, State, or Local taxes, duties, tariffs, or similar governmental charges. Buyer is solely responsible for all applicable taxes arising from the purchase of goods. Where Myton Industries is required by law to collect sales tax, it will be added to the invoice unless Buyer provides a valid, current exemption certificate prior to the time of sale.
F. Credit Approval All credit terms are subject to the prior approval of Myton Industries and may be revoked or modified at any time at Myton Industries’ sole discretion, including but not limited to: Buyer’s failure to pay amounts when due, deterioration of Buyer’s financial condition, exceeding a credit limit, or any other reason deemed sufficient by Myton Industries. Revocation of credit terms does not release Buyer from any outstanding obligations. Myton Industries reserves the right to require cash in advance, a letter of credit, or other acceptable security at any time.
G. Ordering Instructions Orders will be accepted by telephone, email, mail, or fax. All orders must clearly specify the following: Model Number, Color, Quantity, Purchase Price, and any applicable Options or Special Requirements. All telephone orders must be confirmed in writing and marked CONFIRMING. Orders are not binding on Myton Industries until a written order acknowledgment has been issued. Myton Industries reserves the right to reject any order at its discretion.
H. Cancellations and Changes Orders accepted by Myton Industries may not be cancelled or modified without prior written consent. Cancellation of accepted orders for standard stock items may be subject to a restocking fee of up to 25% of the order value. Cancellation of custom, special-order, or made-to-order items may result in charges up to 100% of the order value depending on production status at the time of cancellation request.
I. Returns No goods may be returned without a prior written Return Merchandise Authorization (RMA) issued by Myton Industries. Unauthorized returns will be refused and returned to Buyer at Buyer’s expense. Authorized returns must be shipped freight prepaid in original, undamaged condition. Returns are subject to inspection and may be subject to a restocking fee. Custom or special-order products are non-returnable.
J. Warranty Myton Industries warrants its products to be free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of shipment, unless otherwise specified in writing. This warranty does not cover damage resulting from misuse, abuse, neglect, accident, unauthorized modification, improper installation, or use beyond the rated capacity of the product. Buyer’s sole remedy under this warranty shall be, at Myton Industries’ election, repair or replacement of defective goods, or a credit toward future purchases. THIS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
K. Limitation of Liability In no event shall Myton Industries be liable for any indirect, incidental, special, consequential, or punitive damages of any kind arising out of or in connection with the sale, use, or inability to use its products, even if Myton Industries has been advised of the possibility of such damages. Myton Industries’ total liability in any matter arising out of or related to these Terms shall not exceed the purchase price actually paid by Buyer for the specific goods giving rise to the claim.
L. Indemnification Buyer shall indemnify, defend, and hold harmless Myton Industries, its officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) Buyer’s use, resale, or redistribution of the goods; (ii) Buyer’s breach of these Terms; or (iii) any claim by a third party arising from Buyer’s modification of the goods or use outside of their intended purpose.
M. Force Majeure Myton Industries shall not be liable for any delay or failure to perform its obligations where such delay or failure results from causes beyond its reasonable control, including but not limited to: acts of God, fire, flood, hurricane, labor disputes, strikes, material shortages, supply chain disruptions, governmental regulations, acts of war or terrorism, pandemics, or transportation failures. In such events, Myton Industries’ obligations shall be suspended for the duration of the force majeure condition.
N. Product Compliance and Use Buyer is solely responsible for determining the suitability of any product for its intended application. Myton Industries makes no representation that its products comply with any specific regulatory requirements applicable to Buyer’s industry or jurisdiction. Buyer shall not exceed the rated load capacity, temperature limits, or other specifications of any product.
O. Intellectual Property All drawings, designs, specifications, catalog content, and technical documentation produced by Myton Industries remain the exclusive intellectual property of Myton Industries and may not be reproduced, distributed, or used without prior written consent.
P. Governing Law and Dispute Resolution These Terms and all transactions between the parties shall be governed exclusively by the laws of the State of Florida, without regard to conflicts of law principles. Any dispute arising out of or relating to these Terms or any sale of goods hereunder that cannot be resolved informally shall be submitted to binding arbitration in Broward County, Florida under the rules of the American Arbitration Association. The prevailing party in any such proceeding shall be entitled to recover reasonable attorney’s fees and costs.
Q. Entire Agreement These Terms and Conditions constitute the entire agreement between Myton Industries and Buyer with respect to the sale of goods and supersede all prior negotiations, representations, or agreements. Buyer’s acceptance of delivery of any goods constitutes acceptance of these Terms. Any modification must be in writing and signed by an authorized representative of Myton Industries. Buyer’s standard purchase order terms and conditions, if any, are expressly rejected and shall have no force or effect.