Working With Us

1. Payment Terms: if not stated on the invoice, all invoices are due at the time of receipt.

2. Work Estimate/Quotation. All written price quotations automatically expire thirty (30) days from the date of the quotation unless an extension is granted in writing prior to expiration or specified on the quote. All verbal quotations expire at 5:00 p.m. the day of the quotation, unless written acceptance is received from the seller prior to 5:00 p.m. All stenographic and clerical errors are subject to correction.

3. Change Orders. Any changes to the work orders or quotations previously submitted to or provided by the seller, which require additional equipment or technical services shall be fulfilled only upon prior written approval by the seller and the buyer. All change orders shall be effective only if in writing and executed by all parties. Changes or modifications in work to be performed by the seller. May require additional billing at the prevailing Standard Rates or Overtime Rates as specified by the seller Any change or modification necessitated by incorrect information submitted to the seller. May cause price and quotation to be increased to account for additional time and/or equipment. If any information submitted to the seller is incorrect, customer must advise the seller immediately to prevent or minimize any additional change orders for work quoted herein.

4. Cancellation. Customer may not cancel any work order or previously accepted price quotation without the express written consent of the seller. The seller, in its sole discretion may authorize cancellation of a project by Customer, but only upon receipt of satisfactory arrangements from Customer for payment of any and all services equipment and expense, including all time incurred through the date of cancellation. Any such cancellation must be approved in writing by the seller In any event, the seller shall be entitled to recover all costs and expenses incurred, including, but not limited to, recovery of all reasonable attorney fees and collection costs incurred in the enforcement of the parties’ agreements.

5. Safety Equipment and Training. Customer shall provide all safety equipment, instructions in the proper use of the equipment, and any necessary safety training that may be required for the seller if / while on location.

6. Shipping and Taxes. All freight charges, including F.O.B. shipping points, etc., to Customer or to the seller from any third party, and all taxes including but not limited to sales taxes, excise taxes, and use taxes, or similar taxes are in addition to the project pricing and will be billed at cost. Amounts incurred by the seller In shipping and/or taxes shall be paid directly to the seller. Receipts will be furnished to Customer upon request.

7. Equipment Receipt. The customer shall accept, unload and properly secure and store all equipment to prevent damage of any kind until installation is completed. Any damaged equipment will be repaired or replaced at Customer’s sole cost.

8. Project Completion [Acceptance]. A project is deemed complete and accepted when:

a. The system operates as specified in the original work order or purchase order and/or approved change orders

b. Services and products provided by the seller have operated successfully for a period of eight contiguous (8) hours

c. Training has been completed (if applicable)

d. Alternatively, the Customer is deemed to have accepted the project as completed if the customer uses the systems, software or equipment provided by the seller in any manner inconsistent with the safe standard operation of same or in any manner inconsistent with the project scope or change orders as specified.

e. The warranty period has expired.

9. Limited Warranty. The seller only warrants that the technical services and the seller’s designed and/or fabricated equipment will be manufactured in a quality workmanlike manner and will be free from defects due to workmanship under normal use for the earlier period of one (1) year or 2600 hours of operation from completion of project, whichever occurs first. Operation is defined as any time where the system is under power, regardless of whether or not any actual operation, work, motion, or function is being performed by the system or equipment. All claims for defects other than workmanship, such as defective the sellers designed materials, must be made within 30 days of completion. The seller will repair or replace defective product during warranty period provided that such defects developed under normal and proper use, and that any transportation costs are paid by Customer. Under this warranty the work product will be repaired or replaced at the sellers sole discretion. All other warranty claims, including but not limited to, components of a provided system that are not regularly distributed by the seller are the sole responsibility of that particular manufacturer or distributor and any and all warranty claims should be directed to same.

10. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. MAVERIC AUTOMATION, LLC. DOES NOT WARRANT THA THE FUNCTION CONTAINED IN THE GOODS WILL MEET THE CUSTOMER’S EXPECTATIONS.

11. Liability. Customer agrees that the seller’s liability for damages, regardless of the form of action, shall not exceed the charges paid by Customer for project goods/services. Customer agrees that the seller is not liable for any special, consequential, exemplary, punitive or incidental damages, even if the seller has been advised of the possibility of such damages, or for any claim by any other party.  Any action against Maveric Automation, LLC must be brought within thirty (30) days after the cause of action accrues.

12. Billing Procedures. It is the seller’s policy to collect interest on all outstanding account balances remaining unpaid after a period of thirty days has expired from the billing date. The applicable interest rate to be applied to any unpaid balance will be in an amount of one and one-half percent (1.5%) per month. In the event collection efforts become necessary, the seller shall be entitled to recovery of attorney fees from Customer, in addition to the unpaid balance and accrued interest.

13. Force Majeure. The Seller shall not be liable for any breach caused by anything beyond its control, including, but not limited to, and without limitation, walkouts, fires, floods, war, riots, acts of God, delays of carriers or suppliers or governmental rules or regulations.

14. Waiver. No valid waiver of any provision of the parties’ agreement shall be deemed a waiver of any other provision of the agreement at such time or will be deemed a valid waiver of such provision at any other time. If the customer’s offer or purchase order expressly limits acceptance to the terms of such offer or purchase order, Custer hereby waives any such provision and agrees that any such provision is void and excluded from the parties’ agreement. Where there is a conflict between Customer’s order and this acknowledgment, Customer agrees that this (the Sellers’s) acknowledgement including these terms and conditions shall apply.

15. Choice of Law and Venue. It is understood and agreed that the construction and interpretation of the parties’ agreement and all causes of action regardless of form, shall at all times and in all respects be governed solely and exclusively by the internal laws of the State of Kansas, without giving effect to the conflict of laws provision thereof. Venue of any and all actions regardless of form shall be brought solely and exclusively in the District Court of Johnson County, Kansas, or the United States District Court for the District of Kansas.

16. Merger and Severability. No change or modification of the parties’ agreement shall be valid or binding unless the same is in writing and signed by both parties. The provisions of the parties’ agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions shall not affect the validity or enforceability of any one or more of the other provisions.

17. Export Controls. The Seller is selling equipment and performing technical services for use within the United States. If Customer chooses to export any product, equipment or good (or any technology related thereto), Customer shall be responsible for complying with the United States Export Administration Act, as amended from time to time, with the Export Administration Regulations promulgated from time to time there under, with all other export laws and regulations of the United States and with all amendments, modifications or additions thereto, including all laws and regulations relating to re-export. The Customer shall indemnify and hold the seller harmless from all liabilities, damages, costs and expenses arising from and connected with any breach of Customer’s duties and obligations under this section. Furthermore, Customer shall execute any documents requested by the seller for the purpose of complying with the laws referenced hereinabove.

18. Definitions:

a. seller: Maveric Automation LLC or any agents, employees or contractors working on behalf of Maveric Automation LLC

b. buyer or customer: Any person or organization who purchases or requests information or services from the seller