These Terms and Conditions (“Sales Agreement”) govern all sales of industrial machines (“Products”) and related services by Moon Machinery Inc. (“Seller”, “we”, “our”) to the purchaser (“Customer”, “you”, “your”). By placing an order with Moon Machinery Inc., you agree to be bound by these terms.
1. Products and Services
1.1 Moon Machinery Inc. sells new, used, and special-order industrial metal and woodworking machines sourced from manufacturers in China, Italy, Turkey, and other countries.
1.2 We also provide related services including installation, training, maintenance, and repairs.
2. Orders and Payment Terms
2.1 Orders are confirmed only upon receipt of a signed quotation or purchase order.
2.2 Payment terms are as follows unless otherwise agreed in writing:
30% deposit due upon order confirmation, 60% due prior to shipment, 10% due before delivery.
2.3 Failure to pay any amount when due may result in late fees, interest charges, suspension of services, or cancellation of delivery at our discretion.
2.4 All prepayments, including the initial 30% deposit and any subsequent payments made prior to shipment, are strictly non-refundable.
3. Shipping and Delivery
3.1 Unless otherwise agreed in writing, the Customer arranges transportation and shipping from our showroom. Received orders should be picked up within seven (7) days after the delivery notice, otherwise additional storage fees may apply.
3.2 Risk of loss passes to the Customer upon delivery to the shipping carrier or directly to the Customer, whichever occurs first.
3.3 Delivery dates provided are estimates only and subject to change.
4. Lateness Policy
4.1 Once the initial 30% deposit is received and forwarded to the manufacturer, the order is binding and non-cancellable.
4.2 Refund requests will not be accepted for manufacturing or shipping delays provided the delays do not exceed twelve (12) months from the originally estimated delivery date.
4.3 If the delay exceeds twelve (12) months, the Customer may request cancellation and a refund of payments made, less any non-recoverable costs.
5. Refunds and Returns
5.1 Return Eligibility:
-Machines must be returned within thirty (30) calendar days of delivery.
-Machines must be unused, uninstalled, unaltered, and in original condition with all packaging, manuals, and accessories.
-Return requests must be pre-approved and accompanied by a valid Return Merchandise Authorization (RMA).
5.2 Non-Returnable Items:
-Custom-built or modified machines,
-Machines that have been installed, used, or altered,
-Special order items not normally stocked,
-Machines shipped directly from outside Canada,
-Software or control systems integrated into the machine.
5.3 Restocking Fee: All approved returns are subject to a 40% restocking fee of the product purchase price (excluding shipping, handling, and taxes).
5.4 Refund Processing: Refunds will be processed to the original payment method within forty-five (45) days of receipt, inspection, and approval. Shipping and handling charges are non-refundable.
5.5 Damaged or Defective Products:
-The Customer must notify Moon Machinery Inc. within three (3) business days of delivery.
-The Customer must provide photographs and a description of the damage or defect.
-Moon Machinery Inc. will arrange repair, replacement, or return at no cost to the Customer.
6. Limited Warranty
6.1 Warranty Coverage: Moon Machinery Inc. warrants that new equipment will be free from defects in material and workmanship under normal use for a period of one (1) year from the date of receipt of the equipment by the end user, or for the duration of the original manufacturer’s guarantee, whichever is longer.
6.2 Components and Wear Parts: Electric motors, switches, electronic components, and normal wear parts such as bearings, drive belts, conveyor belts, and similar items are warranted for ninety (90) days from the date of shipment, or for the duration of the original manufacturer’s guarantee, whichever is longer.
6.3 Warranty Period: The warranty period shall be calculated from the actual delivery date of the equipment to the Customer’s facility.
6.4 Replacement Parts: Moon Machinery Inc. reserves the right to invoice Customers for parts replaced under warranty pending return of the defective parts for inspection and determination of the cause of failure. Returned parts must be freight prepaid by the Customer.
6.5 Unauthorized Work: Moon Machinery Inc. shall not be responsible for work performed, materials furnished, or repairs made by others who are not designated or authorized by Moon Machinery Inc. in writing. Any such unauthorized work, materials, or repairs shall render this limited warranty null and void.
6.6 Exclusions: This limited warranty does not cover:
-Damage or loss caused by misuse, accident, neglect, or improper installation, operation, or maintenance by the Customer.
-Equipment that has not been installed, operated, or maintained in accordance with manufacturer requirements and Moon Machinery Inc. guidelines.
-Failures resulting from insufficient dust extraction, inadequate compressed air (including unfiltered or moisture-containing air), or electrical service outside the prescribed operating range.
6.7 Certification and Compliance: All machines are supplied with SPE 1000 Electrical Code certification as recognized by the Canadian Safety Council. Any additional on-site inspections required under local or provincial regulations are the sole responsibility and cost of the purchaser. Should such inspections identify any required modifications, these must be communicated to the original manufacturer before any field modifications are executed.
6.8 Service Calls: During a valid warranty period, Moon Machinery Inc. may assign a Field Service Technician to the Customer’s facility. If equipment failure is determined to have resulted from Customer misuse, accident, neglect, or improper operation, the Customer agrees to pay all costs and expenses associated with the technician’s visit.
6.9 Limitation of Warranty and Liability:-This limited warranty is the sole warranty provided by Moon Machinery Inc. and supersedes all other express or implied warranties.
-Moon Machinery Inc. expressly disclaims any implied warranties or conditions, including but not limited to merchantability or fitness for a particular purpose.
-In no event shall Moon Machinery Inc. be liable for lost profits, business interruption, inconvenience, damage or injury to property or persons, or any other indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages.
-The foregoing limitations apply regardless of the cause of action, including negligence, tort, breach of contract, or fundamental breach.
6.10 Entire Warranty: By accepting delivery of the equipment, products, or services, the Customer acknowledges and agrees to the terms, conditions, and limitations of this limited warranty.
7. Limitation of Liability
7.1 Moon Machinery Inc. shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business interruption, or loss of data, arising from the use or inability to use the Products.
7.2 Our maximum liability shall not exceed the total amount paid by the Customer for the specific Product that gave rise to the claim.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
9. Dispute Resolution
9.1 The parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiations.
9.2 If the dispute cannot be resolved within thirty (30) days, the parties shall participate in mediation in Ontario, Canada, with a mediator mutually agreed upon.
9.3 If mediation fails, the dispute shall be finally resolved by binding arbitration in Ontario, in accordance with the Arbitration Act, 1991 (Ontario). The decision of the arbitrator shall be final and binding on both parties.
10. Entire Agreement
This Agreement constitutes the entire understanding between Moon Machinery Inc. and the Customer, superseding all prior agreements, negotiations, or representations, whether written or oral.
Customer acknowledges that by placing an order with Moon Machinery Inc., they have read, understood, and agreed to these Terms and Conditions.
Moon Machinery Inc. is eligible to make adjustments to these terms without any notice.
