Freight Cost Available in the Checkout Process
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Terms of service

  1. 1.    This order shall not be binding on Mills Equipment Co Inc (“Mills Equipment”)until the issuance and acknowledgement of a written purchase order or acceptance of a Quotation or Sales Order in writing and transmitted to Mills Equipment office located at 8495 Roslyn St, Commerce City, CO 80022.

    2.    Unless otherwise specifically stated herein, delivery of tank(s) to common carrier or licensed trucker selected, arranged or employed by Purchaser shall constitute delivery to Purchaser, and risk of loss or damage in transit (including vacuum or pressure loss) shall be borne by Purchaser. In all other cases, Mills Equipment Inc Co will accept the risk of loss or damage in transit until delivery to Purchaser.

    3.    Purchaser shall make payments in accordance with the Shopify and a net 20 credit account if pre approved for such credit account, which are incorporated by reference herein.

    4.    Mills Equipment Inc Co, in its sole discretion, reserves the right to revoke, or modify, any credit extended to Purchaser.

    5.    Purchaser agrees to sign all documents that are necessary to perfect, protect, and continue Mills Equipment security interest in the tank(s). Purchaser will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Mills Equipment is required by law to pay such fees and costs. Purchaser irrevocably appoints Mills Equipment to execute documents necessary to transfer title if there is a default. Mills Equipment may file a copy of this Agreement as a financing statement. If Purchaser changes Purchaser’s name or address, or the name or address of any person granting a security interest under this Agreement changes, Purchaser will promptly notify Mills Equipment of such change.

    6.    Mills Equipment shall use commercially reasonable best efforts to meet the anticipated delivery date. However, Mills Equipment shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond Mills Equipment control, including without limitation strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and domestic or foreign governmental acts or regulations.  If a material delay in accepting delivery is caused by Purchaser, Mills Equipment shall nevertheless send an invoice as of the scheduled delivery date, the payment of which shall be made in accordance with the credit terms established.

    7.    All taxes and excise of any nature whatsoever, now or hereafter, levied by governmental authority, whether federal, state or local, either directly or indirectly upon the sales of any material covered hereby or upon the subject matter hereof or upon transportation charges, shall be paid and borne by Purchaser, unless prohibited by law. The foregoing shall not apply to any taxes the payment or collection of which by Mills Equipment is excused by reason of delivery to Mills Equipment of valid tax exemption certificates.

     

    1.    MILLS EQUIPMENT TANKS ARE GUARANTEED TO BE FREE FROM DEFECTIVE WORKMANSHIP AND MATERAL FOR A PERIOD OF ONE (1) YEAR.  MILLS EQUIPMENT WILL NOT BE LIABLE FOR ANY DAMAGES OR CONTINGENT EXPENSES RESULTING FROM SUCH DEFECTS.  MILLS EQUIPMENT TANKS ARE NOT GUARANTEED AGAINST CORROSION.  TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL MILLS EQUIPMENT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO PURCHASER’S USE OR INABILITY TO USE THE TANK(S), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MILLS EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL MILLS EQUIPMENT LIABILITY FOR ALL DAMAGES EXCEED THE ORIGINAL PURCHASE PRICE OF THE TANK(S). 

    2.    TANK(S) IN THIS AGREEMENT ARE DESIGNED FOR ATMOSPHERIC PRESSURE.  PROPER VENTING REQUIRED.  NOT DESIGNED FOR OVER THE ROAD USE.

    3.    Mills Equipment maintains the following policies for returns and allowances:

    4.    All claims for damaged material must be reported in writing within thirty (30) days from the date of invoice. Mills Equipment is not liable for back charges on replacement of defective material.

    5.    All claims for damaged material must be made before the material is removed from the delivery site.

    6.    No returns will be allowed on specially ordered merchandise and tanks. This includes all tanks. Once a transfer of possession is complete the tank is not returnable.

    7.    Any assessments against Mills Equipment for returned out-of-stock merchandise will be passed on to Purchaser.

    8.    No credit will be given for any materials not purchased through Mills Equipment.

    9.    No credit will be given for discounted material.

    10.     Pick up returns by Mills Equipment truck will be made only as can be scheduled with regular deliveries, and Purchaser will be charged a reasonable fee for such pick up.

    11.     Merchandise returned for a cash refund must be accompanied by a purchase invoice; no cash refund will be given to any Purchaser who owes a balance on such Purchaser’s account.

    12.     All returned merchandise must be in unused condition and inspected by the proper authority before any credit will be given, and all returned merchandise must be returned within 30 days of purchase and shall be subject to verification.

    13.     At the option of Mills Equipment, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration held in Commerce City, Colorado, in accordance with the rules of the American Arbitration Association, and judgment upon any award thereon may be entered in any court having jurisdiction.

    14.     This contract shall be governed by and construed according to the laws of the State of Colorado.

    15.     This contract constitutes the entire agreement between the parties and all prior representations and understandings to this Master Terms and Conditions of Sale have been incorporated herein and the terms herein supersede the terms of the Purchaser’s purchase order, if any. 

    16.     Interest at the maximum rate allowed under Colorado law will be charged on all past due invoices.

    17.     Purchaser agrees to indemnify Mills Equipment for all legal and collection fees and costs incurred to collect delinquent invoices.

    Set-Off. Buyer authorizes Mills Equipment to apply toward payment of any monies that become due Mills Equipment hereunder any sums which may now or hereafter be owed to buyer by Mills Equipment.

    Patent Infringement. If any of the goods are to be furnished to buyer’s specification, buyer agrees to indemnify Mills Equipment and its successors and assigns, against all liabilities and expenses resulting from any claim of infringement of any patent or other proprietary right in connection with the production of such goods.

    1.    Purchaser shall be solely responsible for conforming with industry recommended practices/guidelines relating to the installation and maintenance of the tank(s) as well as compliance with state and local laws, including but not limited to construction and maintenance of secondary containment facilities and other applicable laws.

    2.    Purchaser agrees that the tank(s) purchased from Mills Equipment will only be used for the purposes designed.

    3.    Defective equipment will be replaced according to the equipment manufacturers warranty. This may involve shipping to the factory for inspection and verification of the defect on a case-by-case basis. The purchaser will be billed for all shipping if the equipment is not found to be defective by Mills Equipment Tanks or our equipment manufacturers.  Mills Equipment Tanks will provide instructions for shipping defective products, if necessary.  In certain cases, the products may be discarded, with a replacement product sent by Mills Equipment or the equipment manufacturer.  If preferred by the purchaser, Mills Equipment can refund the cost of the product, minus shipping costs, instead of replacing.  Refunds will be held by Mills Equipment until Mills Equipment and/or our equipment manufacturers can determine that the equipment is defective. 

    4.    Equipment Terms of Sale. “Equipment” is defined as all products not within a tank category located on Equipment & Parts (millsequipment.com)

    5.    Non-defective equipment can be returned for a refund. The purchaser will be responsible for all shipping costs for the return, and shipping will not be considered as part of the refund.