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Universal Terms of Service / Terms and Conditions of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND/OR ORDERING PRODUCTS.

All users of this site agree that access to, use of this site, and/or ordering products are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.  By viewing this site and/or ordering any product or service or contacting Melting & Filling Equipment, Inc. DBA Waxmelters (WaxMelters.com) and DBA SoapMelters (SoapMelters.com) you expressly agree that you have read, understood and agree to be bound by these Universal Terms of Service / Terms and Conditions of Sale. If You do not agree to be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc.

This Agreement ("Agreement") is by and between Melting & Filling Equipment, Inc. ("M&FE") a Washington State corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of M&FE's (“Products”) and services (“Services”) and explains M&FE ’s obligations to You and Your obligations to M&FE in relation to the Products and Services You purchase.

You, or the individuals who contact M&FE on your behalf for information, to discuss equipment and/or to purchase Products and/or Services by phone, by mail, by email and/or on-line orders on M&FE's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement and agree to be bound by its terms. If You do not agree to be bound, then please leave this site immediately and do not order from M&FE.

This Agreement as well as any additional M&FE policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and M&FE concerning Your use of M&FE’s Products and Services, and supersede and govern all prior proposals, agreements, or other communications. All M&FE policies and agreements specific to particular Products and Service are incorporated herein and made part of this Agreement by reference. By purchasing M&FE’s Products or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which M&FE may establish from time to time, and any agreements that M&FE is currently bound by or will be bound by in the future.

A. TERM OF AGREEMENT; MODIFICATIONS.

You agree that M&FE may modify this Agreement and the Services from time to time. You agree to be bound by any changes M&FE may reasonably make to this Agreement when such changes are made. If You have purchased Services or Products from M&FE, the term of this Agreement shall continue in full force and effect. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

B. ACCURATE INFORMATION.
    1. You agree that M&FE shall not be bound by any statement of a general nature, which may be posted on M&FE’s Web site or contained in M&FE’s promotional materials. M&FE may, at times, offer certain promotions with different charges and features. You agree that information on this site may contain technical, photographic, descriptive inaccuracies or typographical errors. Information, including product pricing, descriptions, functionality and availability, may be changed or updated without notice. Results on all machines and equipment may vary depending on substance being melted, the amount of material being dispensed, operator proficiency, humidity, elevation of the melter, melter attachments, a cold room, and operator proficiency.  
    2. The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. M&FE makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
    3. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although M&FE tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Therefore, You agree that before relying on any representation made on the website or in printed materials, that You will check with M&FE to ensure that the information you are relying upon is correct.
    4. You understand and agree that this agreement shall be deemed entered into in King County, the State of WASHINGTON. These Terms and Conditions of Sale and all dealings between M&FE and You and/or recipient of goods and/or the appointed representative(s) acting on behalf of the Purchaser and/or recipient shall be governed by, construed and enforced in accordance with the laws of King County, the State of Washington.  You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You understand and agree that M&FE is corporation organized and incorporated under the laws of Washington State, is located in the State of Washington, King County and Conducts no direct business in any other states and does not market its products or services directly or indirectly to any other states. You understand and agree that the phone numbers listed and Cities are for the dialing convenience of customers and in no way represent M&FE having any relationship or nexus whatsoever within any other state except the State of Washington. You understand and agree that M&FE may also from time to time have items shipped by a 3rd party vendor located outside the State of Washington and again this does not constitute having any relationship or nexus whatsoever within any other state except the State of Washington. You consent and agree that the jurisdiction and venue for such proceeding shall lie exclusively with King County and you irrevocably consent to the jurisdiction of such courts.  If you disagree with any aspect of this provision or any of the terms of this website, then please leave the site immediately and do not order any products.

 

C. YOU REPRESENT AND WARRANT THE FOLLOWING:
    1. By viewing this site and/or ordering any product or service or contacting Melting & Filling Equipment, Inc. DBA Waxmelters and DBA SoapMelters you expressly agree that you have read, understood and agree to be bound by the following representations and warranties and by these Universal Terms of Agreement for Melting & Filling Equipment, Inc. Product and Services. If You do not agree to represent and warrant the following information and be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc.
    2. You, or the individuals who contact M&FE to purchase Products and/or services by phone, by mail, via email and/or on-line orders on M&FE's shopping cart, represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You agree to be bound by its terms. If You do not agree to be bound, then please leave this site immediately and do not order from M&FE.
    3. You agree to maintain accurate information by providing updates to M&FE, as needed, while You are ordering M&FE’s Products and/or Services. You agree You will notify M&FE within five (5) business days when any change of the information. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by M&FE to determine the validity of information provided by You will constitute a material breach of this Agreement.
    4. You understand and agree M&FE sells professional candle and soap making equipment at wholesale prices which must be built and assembled to be sold to You, with the intention of selling such equipment to candle and soap making businesses and not at retail prices to the public.  In consideration for this discounted wholesale pricing and having equipment built, assembled, tested, packaged and shipped to You, You agree to M&FE limited Return policy, restocking fees and cancellation fees, as well as You understand, accept and agree that in the case of damaged equipment, defective equipment, or order errors, the sole, exclusive remedy is that M&FE will either send replacement items/equipment, correct the order error or repair the equipment, and that there are no refunds or credits as a result of items being damaged in shipping, defective, or for order errors. 
    5. You understand and agree M&FE sells professional candle and soap making equipment which melts and dispenses molten, caustic fluids at temperatures exceeding 200 degrees Fahrenheit and at rates exceeding 2 gallons per minute, which can be a dangerous, deadly machine even if used properly, much more if used improperly, carelessly and/or recklessly.  You understand and agree that You and only You, and not M&FE in any way, manner or form, are responsible for the operation of equipment.  You shall operate the equipment in a reasonable, competent manner and in compliance with the Instruction Manual, Safety Labels on the equipment.  Depending on the Authority having jurisdiction (AHJ) and given the nature of such equipment, You understand and agree that your business may have to be zoned light-industrial or industrial to conform to your AHJ, even if You are currently zoned commercial.  Depending on your insurance company and given the nature of such equipment, You understand and agree that You may be unable to insure the equipment or your facility for use of the equipment.  You understand and agree that it is you responsibility and your responsibility alone, and not M&FE’s responsibility in any way, to make sure you are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations, and that if not, You agree to bear full, 100% liability and to hold M&FE harmless and You are not entitled and will not seek any refunds, credits or returns.  You agree that M&FE has not provided any advice or guidance regarding whether your use of M&FE’s products are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on),  and any and all regulations.  You have done your due diligence, fully researched and/or have had the opportunity to consult and/or have consulted with all necessary persons (legal counsel, landlord, tenant, inspectors, insurance company, and so on) regarding your use of the equipment in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations.
    6. You understand and agree that M&FE has never made any representations whatsoever concerning its equipment be inspected or approved by a nationally recognized testing laboratory, as well as no representations whatsoever regarding You and your ability to have the equipment examined, inspected, approved, listed or labeled by a nationally recognized testing laboratory. You understand and agree that although M&FE makes its best efforts to use nationally recognized testing laboratory components, M&FE’s products are not listed, labeled or evaluated by a nationally recognized testing laboratory.  You understand and agree that you may be required by the authority having jurisdiction (AHJ) to have M&FE’s equipment inspected by a nationally recognized testing laboratory which will require fees and costs for the inspection and also perhaps for possible alterations to the equipment for such compliance with the AHJ.  You understand and agree that it is you responsibility and your responsibility alone, and not M&FE’s responsibility in any way, to make sure you are in compliance with AHJ and any possible nationally recognized testing laboratory examinations and/or inspections, fees, costs of alterations and that You agree to bear full, 100% liability and to hold M&FE harmless and You are not entitled and will not seek any refunds, credits or returns. 
    7. As a condition of Your use of M&FE ’s Products and Services, You agree that You will not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to M&FE if, for any reason, M&FE takes corrective action with respect to Your improper or illegal use of its products or services.
    8. You understand and agree that this agreement shall be deemed entered into in King County, the State of WASHINGTON. These Terms and Conditions of Sale and all dealings between M&FE and You and/or recipient of goods and/or the appointed representative(s) acting on behalf of the Purchaser and/or recipient shall be governed by, construed and enforced in accordance with the laws of King County, the State of Washington.  You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You understand and agree that M&FE is corporation organized and incorporated under the laws of Washington State, is located in the State of Washington, King County and Conducts no direct business in any other states and does not market its products or services directly or indirectly to any other states. You understand and agree that the phone numbers listed and Cities are for the dialing convenience of customers and in no way represent M&FE having any relationship or nexus whatsoever within any other state except the State of Washington. You understand and agree that M&FE may also from time to time have items shipped by a 3rd party vendor located outside the State of Washington and again this does not constitute having any relationship or nexus whatsoever within any other state except the State of Washington. You consent and agree that the jurisdiction and venue for such proceeding shall lie exclusively with King County and you irrevocably consent to the jurisdiction of such courts.  If you disagree with any aspect of this provision or any of the terms of this website, then please leave the site immediately and do not order any products.

D. Acceptance:

All orders are contingent upon your review, understanding and acceptance of these terms.  If You place an order, then you understand and agree that all orders are accepted in accordance with the Terms and Conditions set forth herein, whether they are received via the telephone, telefax, facsimile, internet, email, or in writing.  You understand, acknowledge and agree that regardless of the manner or method of placing your order, the Invoice You receive from M&FE will act as the official document of acceptance of your purchase and You agree that you have read, understood and agree to be bound by these Universal Terms of Agreement for Melting & Filling Equipment, Inc. Product and Services.  If You do not agree to be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc.

E.Invoice of Merchandise Ordered:

You understand, acknowledge and agree that all information on this Invoice from M&FE will be assumed to be correct and any information contained in the Invoice will override any and all prior correspondence of any kind, whether in writing or verbal.  M&FE will make any and all efforts to make sure the Invoice is accurate and correct.  However, You understand, acknowledge and agree that it is your exclusive responsibility and duty that should you believe the Invoice You receive from M&FE is incorrect or has a discrepancy in any manner or in any regard, then You understand, acknowledge and agree that you will have 2 business days to bring this to M&FE’s attention in writing, via facsimile or email, so that M&FE can correct said Invoice prior to shipment.  You understood and agree that M&FE will make its best efforts to make sure the Invoice is correct and accurate and that once M&FE sends you the Invoice and 2 business days have passed, then the Merchandise you have ordered as described on the Invoice is binding, irrevocable and controlling.  You also understand and agree that all stock products which You request to be modified (any stock product which has been modified or upgraded or downgraded in any way, including but not limited to making it 220V, changing the size of the melter, changing the timing mechanism to analog or digital, changing the length of the hose, changing the heated pump speed, and so), shall be deemed Custom Orders.  You understand and agree that Custom Orders (including modified stock orders) are subject to special rules, including that they can not be cancelled once work has begun on them, they cannot be returned under any circumstances, and there are no refunds for such products of any kind.

F. PRICING: Prices, discounts, delivery and designs are subject to change without notice. 

 

G.Payment:

You understand and agree that although most items are in stock, at the time of your order, your product (stock product, modified stock product and/or custom product) is actually built/assembled (for example welded together), tested and packaged for shipping your order, so as consideration for the Products being built and assembled for You and provided to You by M&FE, You agree to pay M&FE at the time You order.  In consideration for M&FE building and assembling your order, You understand and agree all fees are due immediately and You give permission to M&FE to bill you immediately and in advance of shipment even though Custom orders (including modified stock products) will require up to 6-8 weeks additional time to be built, assembled, tested, packaged and shipped.          

H. PURCHASERS PROPERTY:

Where You have delivered to M&FE parts, equipment, material, samples, molds, containers, fixtures or any other item for use by M&FE in the manufacturing, processing, assembling or modification of products for You, Your property shall be deemed personal property and all title, rights and possession shall vest in M&FE.  You agree to perform all acts necessary to perfect and maintain such rights in M&FE.  M&FE shall not be liable for loss, damage or in any other manner liable to You for this property.

I. DESIGN CHANGE: M&FE is dedicated to continuous development and product improvement, and M&FE reserves the right to modify product specifications, designs and materials without prior notice and without incurring any obligations or liabilities.

 

J.Cancellation & Cancellation Fees:
    1. Cancellation by M&FE:
      1. M&FE and its subsidiaries reserve the right to refuse service, terminate and cancel orders in its discretion, including, without limitation, if M&FE believes that customer conduct violates applicable law or is harmful to the interests of M&FE.
      2. In the event that a M&FE product is mistakenly listed at an incorrect price, M&FE reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. M&FE reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, M&FE shall issue a credit to your credit card account in the amount of the incorrect price.
      3. You agree that M&FE may use and rely on any such information provided by You for all purposes in connection with Your Order. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if M&FE has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, M&FE has the absolute right, in its sole discretion, to terminate and cancel your order and refuse service.
    1. Cancellation by You: You understand and agree that once work has begun on assembling/building your product, your order is not subject to cancellation or modification, except upon written approval by M&FE and shall be subject to cancellation charges of 35%.  Custom Orders, including modified stock products (any stock product which has been modified or upgraded or downgraded in any way, including but not limited to making it 220V, changing the size of the melter, changing the timing mechanism to standard, analog or digital, changing the length of the hose, changing the heated pump speed, and so on) which You agree and understand are deemed Custom Orders, can not be cancelled once work has begun on them, they cannot be returned under any circumstances, and there are no refunds for such products of any kind. If customer cancels an order which has already been shipped, then Customer is not entitled to a refund of any kind for shipping, handling and insurance costs.

 

K. SHIPPING & DELIVERY, EXCUSABLE DELAYS, TITLE AND RISK OF LOSS:

You understand and agree that Delivery dates are approximate and Custom Orders, including modified stock products, require additional time for assembly, testing, packaging and shipment, which may require up to 6-8 weeks to complete.  At this time, Melting & Filling Equipment, Inc. ships merchandise to numerous locations world-wide, but not every country. In order to ship internationally or to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands, please ask for a special rate quote.  M&FE shall notify You of any material delay and will specify the revised delivery date as soon as possible.  You understand and agree that M&FE tries to keep the “stock status” and/or the “usually ships in” time frame of an item as current as possible, but occasionally if there are multiple orders, these numbers may be incorrect.  You understand and agree that when you modify an existing stock item (which makes it a Custom Order), then the “usually ship in” time frame is inapplicable.  Furthermore, M&FE shall not be liable for delays in delivery or for failure to assemble and build due to: acts of God, fire, flood, wind, war, sabotage, civil unrest, disobedience, accidents, strikes, illness, or any other causes beyond M&FE control, such determination to be made solely by M&FE.  Unless otherwise specified by M&FE, delivery will be made and title and risk of loss will pass F.O.B. point of shipment to You.

L. RETURNS: You understand and agree M&FE sells professional candle and soap making equipment at wholesale prices which must be built and assembled to be sold to You, with the intention of selling such equipment to candle and soap making businesses and not at retail prices to the public.  In consideration for this discounted wholesale pricing and having equipment built, assembled, tested, packaged and shipped to You, You agree to M&FE’s limited Return policy, restocking fees and cancellation fees.
    1. Stock Item Orders Only:

No product shall be returned without the proper paperwork issued by M&FE and all returned material must be accompanied by an Return Merchandise Authorization form and Return Merchandise Authorization number.  You understand, accept and agree that in the case of damaged equipment, defective equipment, or order errors, the sole, exclusive remedy is that M&FE will either send replacement items/equipment, correct the order error or repair the equipment, and that there are no refunds or credits as a result of items being damaged in shipping, defective, or for order errors.  (See Section Damaged Equipment, Defective Equipment, Order Errors for more information).  

If within 30 days of receiving your equipment you would like to return it, then please email info@waxmelters.com or call for a Return Merchandise Authorization number and instructions.  There are no returns, refunds or credits after 30 days of receiving your equipment.  There are no returns, refunds or credits on used equipment.  There are no credits for shipping, handling, insurance and/or freight costs on any returned equipment.  For Approved and Authorized Returns (receiving a Return Merchandise Authorization form and Number), Equipment must be unused, in original condition and packaging and in 100% resale condition and then you will receive a refund or a credit with M&FE minus applicable restocking fees (up to 35%), plus any costs associated with refurbishing the unit and/or packaging.  No returns, refunds or credits will be given until equipment is received and M&FE has had sufficient time to inspect the equipment.  It generally requires 7-10 business days from the time M&FE receives your returned equipment to approve the return and issue You a refund.   

Never ship any equipment to our Corporate Address in downtown Seattle (1001 Fourth Avenue-Suite 3200, Seattle, WA 98154) since this is our corporate professional office and not a warehouse so then it has to be sent to a warehouse.  All Returns must be shipped freight prepaid.  All unauthorized returns will be refused and/or returned to the You at your expense.  You acknowledge and agree that should You send any items to 1001 Fourth Avenue-Suite 3200, Seattle, WA 98154, You shall bare full costs of shipment, be responsible for any additional damages to merchandise and for any delays, and that should M&FE make a mistake in accepting your Return without a Return Merchandise Authorization form and/or without a Return Merchandise Authorization number, then equipment will be held by M&FE until You pay for shipping.

  1. Custom Orders:

Once work has commenced on Custom Orders, including modified stock products (any stock product which has been modified or upgraded or downgraded in any way, including but not limited to making it 220V, changing the size of the melter, changing the timing mechanism to standard, analog or digital, changing the length of the hose, changing the heated pump speed, and so on) which You agree and understand are deemed Custom Orders, then they cannot be returned under any circumstances, and there are no refunds for such products of any kind.  If customer cancels a Custom Order that has already been shipped, then Customer is not entitled to a refund of any kind for shipping, handling and insurance costs. Customer understands, accepts and agrees that there are no returns, refunds or credits of any kind for custom orders and the sole, exclusive remedy for a damaged or defective Custom Order is replacement or repair. (See Section Warranty and Warranty Disclaimers for full information.)

M. DAMAGED EQUIPMENT, DEFECTIVE EQUIPMENT, ORDER ERRORS:

Although it is unlikely that equipment will be damaged in shipping or defective or errors made in regard to your order, please inspect your shipment upon delivery.  You understand, accept and agree that in the case of damaged equipment, defective equipment, or order errors, the sole, exclusive remedy is that M&FE will either send replacement items/equipment, correct the order error or repair the equipment, and that there are no refunds or credits as a result of items being damaged in shipping, defective, or for order errors. 

If You receive any items that are damaged, do not use the equipment.  You agree to report this information to the delivery person (freight company, FedEx, UPS), save damaged goods, cartons and packaging materials so that Melting and Filling Equipment, Inc. can file a claim with shipping/freight company (if You alter, dispose or otherwise make such packaging material unavailable then Melting & Filling Equipment, Inc. will be unable to file a claim with shipping/freight company and you will be responsible for costs associated with receiving replacement goods or repairing equipment), notify M&FE and M&FE will either send replacement items/equipment or repair equipment at your facility.  In order to file a claim with the shipping company, as well as for your safety and to prevent further damage to the equipment, any and all claims must be made within 5 (Five) days from you receipt of the equipment. 

If You believe You have received defective equipment, please contact M&FE immediately and someone from technical support will assist you and any defective equipment will be repaired/replaced.  For your safety and to prevent fire, injury, death and/or further damage to the equipment, Warranty inquiries and/or claims must be made within 5 days of the manifestation of the problem and You agree not use equipment until contacting M&FE.  Your equipment is under warranty for 6 months (See Section Warranty and Warranty Disclaimers for full information.)

If any items are missing, please let us know and replacements parts will be sent to you.  For your safety and to prevent fire, injury, death and/or further damage to the equipment, Warranty inquiries and/or claims must be made within 5 days of the manifestation of the problem and You agree not use equipment until contacting M&FE.

N. USE OF M&FE’S PRODUCTS. NO UNLAWFUL CONDUCT OR IMPROPER USE.

By ordering a product, You agree to follow these policies and other safety precautions at all times, otherwise, do not order any products and leave this website immediately.

    1. You understand and agree that You and only You, and not M&FE in any way, manner or form, are responsible for the operation of equipment.  You shall operate the equipment in a reasonable, competent manner and in compliance with the Instruction Manual, Safety Labels on the equipment.  You agree to never use caustic, explosive or hazardous materials with this equipment or install this equipment within 400ft from combustible materials or operate without a fire extinguisher within reach.  You agree to follow the safety labels when using the equipment (which state: Hot surfaces, electric shock, hand crush and chemical hazards possibly contained within this process chamber.  Exposure may result in burns, severe injury or death. Access restricted to authorized personnel only. Refer to manual before servicing in chamber.  Wear appropriate protective equipment approved for specific chemical hazards. Provide additional ventilation as required), as well as You complying with all applicable rules, laws, lease agreements, zoning ordinances, and any and all regulations.  You understand and agree that it is your responsibility and your responsibility alone, and not M&FE’s responsibility in any way, to make sure you are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances, and any and all regulations, and that if not, You agree to bear full, 100% liability and to hold M&FE harmless and You are not entitled and will not seek any refunds, credits or returns.  As a condition of Your use of M&FE ’s Products and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. M&FE reserves the right at all times to disclose any information as M&FE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in M&FE's sole discretion.
    1. You agree You will not be entitled to a refund of any fees paid to M&FE if, for any reason, You are unable to use your equipment and/or M&FE takes corrective action with respect to Your improper or illegal use of its products or services.

 

    1. You understand and agree M&FE sells professional candle and soap making equipment which melts and dispenses molten, caustic fluids at temperatures exceeding 200 degrees Fahrenheit and at rates exceeding 2 gallons per minute, which can be a dangerous, deadly machine if used improperly, carelessly and/or recklessly.  Depending on the Authority having jurisdiction (AHJ) and given the nature of such equipment, You understand and agree that your business may have to be zoned light-industrial or industrial to conform to your AHJ, even if You are currently zoned commercial.  Depending on your insurance company and given the nature of such equipment, You understand and agree that You may be unable to insure the equipment or your facility for use of the equipment.  You understand and agree that it is you responsibility and your responsibility alone, and not M&FE’s responsibility in any way, to make sure you are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations, and that if not, You agree to bear full, 100% liability and to hold M&FE harmless and You are not entitled and will not seek any refunds, credits or returns.  You agree that M&FE has not provided any advice or guidance regarding whether your use of M&FE’s products are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on),  and any and all regulations.  You have done your due diligence, fully researched and/or have had the opportunity to consult and/or have consulted with all necessary persons (legal counsel, landlord, tenant, inspectors, insurance company, and so on) regarding your use of the equipment in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations.

 

O. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY:

You understand and agree that this agreement shall be deemed entered into in King County, the State of WASHINGTON. These Terms and Conditions of Sale and all dealings between M&FE and You and/or recipient of goods and/or the appointed representative(s) acting on behalf of the Purchaser and/or recipient shall be governed by, construed and enforced in accordance with the laws of King County, the State of Washington.  You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You understand and agree that M&FE is corporation organized and incorporated under the laws of Washington State, is located in the State of Washington, King County and Conducts no direct business in any other states and does not market its products or services directly or indirectly to any other states. You understand and agree that the phone numbers listed and Cities are for  the dialing convenience of customers and in no way represent M&FE having any relationship or nexus whatsoever within any other state except the State of Washington. You understand and agree that M&FE may also from time to time have items shipped by a 3rd party vendor located outside the State of Washington and again this does not constitute having any relationship or nexus whatsoever within any other state except the State of Washington. You consent and agree that the jurisdiction and venue for such proceeding shall lie exclusively with King County and you irrevocably consent to the jurisdiction of such courts.  If you disagree with any aspect of this provision or any of the terms of this website, then please leave the site immediately and do not order any products.

P. INDEMNITY AND WAIVER OF SUBROGATION:

You agree to defend, indemnify and hold harmless M&FE and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to You (including Your agents, affiliates, or anyone using Your product or services from M&FE whether or not on Your behalf, and whether or not with Your permission) or Your use of the Products or Services You purchased from M&FE or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold M&FE harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising with respect to any third party claims for personal injury (or death), property damage or other loss which claims are based upon, including but not limited to defective design, defective equipment, defective material, defective workmanship, any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You infringe on a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere.  You represent that any liability insurance policies, which You may have, provide that subrogation rights against suppliers such as M&FE are waived.  Should M&FE be notified of a pending law suit, or receive notice of the filing of a law suit, M&FE may seek a written confirmation from You concerning Your obligation to indemnify M&FE . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that M&FE shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify M&FE of any such claim promptly in writing and to allow M&FE to control the proceedings. You agree to cooperate fully with M&FE during such proceedings.

Q. WARRANTY & DISCLAIMER OF WARRANTIES:

.M&FE warrants to the original purchaser of Equipment, that at the time of shipment, the equipment shipped is free from defects and damage.  M&FE warrants that all products shall be free of defective material and workmanship for a period of 6 months thereafter.  This warranty is subject to the proper installation, assembly, operation and maintenance of the equipment.  For your safety and to prevent fire, injury, death and/or further damage to the equipment, Warranty inquiries and/or claims must be made within 5 days of the manifestation of the problem and You agree not use equipment until contacting M&FE.  M&FE’s sole obligation under the warranty is, at M&FE’s option, to repair, replace or correct any such problem that was present at the time of delivery.  Your warranty is inapplicable, void and does not cover damage to the equipment arising from tampering with “warranty void” labels, accidents, misuse, customer alteration or modification to equipment or components, overuse, negligence, misapplication, abuse, storage damage, or use of product for other than its intended purpose, so these damages will only be repaired at customer’s expenses.                 

The foregoing warranty is in lieu of all the warranties, statutory, express or implied, and to the fullest extent permissible pursuant to applicable law, M&FE expressly rejects and disclaims all warranties, implied and expressed warranties of any kind, whether statutory, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Except as specifically stated in writing, M&FE’s products and services are provided "as is" and without warranties of any kind, whether statutory, express or implied and products are provided on an "As Is" and "As Available" basis. M&FE makes no warranty that its products or services will meet your requirements, and does not warrant, nor make any representations regarding the use, or results of, any of the services or equipment it sells, in terms of their correctness, accuracy, reliability, or otherwise. M&FE does not represent or warrant that your use of M&FE’s products will be in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on),  and any and all regulations.  M&FE does not represent or warrant that your equipment will be insurable.  M&FE does not represent or warrant that the functions contained in the site will be error-free, free of viruses or other harmful components. M&FE does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.                        

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You but you that in such event, that this Section can be construed as broadly as necessary to be enforceable.

R. LIMITATION OF LIABILITY:

IN NO EVENT SHALL M&FE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER STATUTORY, EXPRESS OR IMPLIED FOR ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, THE MATERIALS ON THIS WEBSITE, THE EQUIPMENT YOU PURCHASED, PERFORMANCE OF THE EQUIPMENT YOU PURCHASED AND/OR YOUR INABILITY TO USE THE EQUIPMENT YOU PURCHASED, EVEN IF M&FE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.                                     

You understand and agree M&FE sells professional candle and soap making equipment which melts and dispenses molten, caustic fluids at temperatures exceeding 200 degrees Fahrenheit and at rates exceeding 2 gallons per minute, which can be a dangerous, deadly machine even if used properly, much more if used improperly, carelessly and/or recklessly.  You understand and agree that You and only You, and not M&FE in any way, manner or form, are responsible for the operation of equipment.  You shall operate the equipment in a reasonable, competent manner and in compliance with the Instruction Manual, Safety Labels on the equipment.  Depending on the Authority having jurisdiction (AHJ) and given the nature of such equipment, You understand and agree that your business may have to be zoned light-industrial or industrial to conform to your AHJ, even if You are currently zoned commercial and/or the AHJ may require You to pay fees to have your equipment examined and inspected by a nationally recognized testing laboratory and pay to have your equipment altered to be approved, listed, labeled and/or compliant with a nationally recognized testing laboratory and/or AHJ.  Depending on your insurance company and given the nature of such equipment, You understand and agree that You may be unable to insure the equipment or your facility for use of the equipment.  You understand and agree that it is you responsibility and your responsibility alone, and not M&FE’s responsibility in any way, to make sure you are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations, and that if not, You agree to bear full, 100% liability and to hold M&FE harmless and You are not entitled and will not seek any refunds, credits or returns.  You agree that M&FE has not provided any advice or guidance regarding whether your use of M&FE’s products are in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on),  and any and all regulations.  You agree that you have done your due diligence, fully researched and/or have had the opportunity to consult and/or have consulted with all necessary persons (legal counsel, landlord, tenant, inspectors, insurance company, and so on) regarding your use of the equipment in compliance with any and all applicable rules, laws, lease agreements, zoning ordinances (regulate specific activities, restrict certain businesses and activities, and so on), codes (building, fire, electrical, plumbing, and so on), and any and all regulations.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein or applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, M&FE ’s liability is limited to the full extent permitted by law. You agree that in no event shall M&FE ’s maximum aggregate liability exceed the total amount paid by You for the particular Products or Service purchased from M&FE.

S. TAXES, DUTIES, CUSTOMS AND SALES TAXES:

Please consult with a local accountant since we are not offering any accounting advice.  M&FE sells all products at a wholesale rate based and without sales tax if You are located outside of Washington and/or purchase equipment used in the manufacture of items to be resold.  However, You agree that You will be responsible to pay the amount of any tax, custom, duty or other charge that may be imposed by law upon the sale of this equipment and to indemnify and hold harmless M&FE from any and all such charges.  Please consult with a local accountant since we are not offering any accounting advice.

T. EXPORT CONTROL:

You agree to comply with all export laws, restrictions and regulations of the United States governing or relating to the equipment.  You warrant that You are not purchasing products with intent to export such product in violation of US export control laws and regulations and You are not a national or resident of any country subject to US embargo.  You will indemnify, defend and hold M&FE harmless from and against any and all claims, liabilities and damages incurred by M&FE arising from a breach of these obligations.  

U. PRIVACY.

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.  To allow us to better service you in responding to your customer service requests.  To quickly process your transactions.  To administer a contest, promotion, survey or other site feature.

If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. It does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. This online privacy policy applies only to information collected through our website and not to information collected offline. By using our site, you consent to our privacy policy.

V. NO SPAM; LIQUIDATED DAMAGES.

You agree that by contacting M&FE and/or providing your email address, M&FE may email you and send email solicitations. If for whatever reason you do not want to receive emails, then please advise M&FE in writing. If after notifying M&FE that you do not want to receive emails, M&FE sends you an email, you agree to waive any and all federal, state and local rights you may have and agree to liquidated damages of $1.00 (ONE DOLLAR) per spam email. 

W. INTELLECTUAL PROPERTY.

You understand and agree that M&FE or its licensor holds all rights, title and interest in all Products and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Products.

As a visitor, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only or to order products, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ®2005 Melting & Filling Equipment, Inc. (Formerly CES, Inc.). All rights reserved.

You understand and agree that any and all product information, customer information, and marketing information are Trade Secrets and deemed trade secrets and are not required to be disclosed by M&FE.
You understand and agree that all content and materials contained in this Agreement, other policies, the M&FE Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that M&FE or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of M&FE or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

    1. PATENT RIGHTS: To the extent that M&FE develops a new process while designing a new product for You, the rights to the new process and/or product including patent rights shall remain with M&FE.
    2. PATENT INDEMNITY: To the extent that items delivered hereunder are manufactured pursuant to detailed designs furnished by You to M&FE, then You agree to indemnity M&FE and hold M&FE harmless from all legal expenses which may be incurred, as well as all damages and costs which may be finally assessed against M&FE in any action for infringement.  M&FE agrees to promptly inform You of any claim for liability made against M&FE with respect to such items and M&FE agrees to cooperate with You in every way reasonably available to facilitate the defense against such claim.
    3. TRADEMARKS.  All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Melting & Filling Equipment, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Melting & Filling Equipment, Inc. or any third party, except as expressly granted herein.
    4. COPYRIGHT. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of M&FE. The collective work includes works that are licensed to M&FE. Copyright 2005, M&FE ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with M&FE or purchasing M&FE products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with M&FE or to purchase M&FE products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by M&FE. You further agree not to change or delete any proprietary notices from materials downloaded from the site.  All content appearing on this Web site is the property of Melting & Filling Equipment, Inc. DBA Waxmelters and DBA SoapMelters, 1001 Fourth Avenue- Ste 3200 Seattle, WA 98154 Copyright © 2005-2006. All rights reserved.

 

X. Third-Party Links

In an attempt to provide increased value to our visitors, M&FE may link to sites operated by third parties. However, even if the third party is affiliated with M&FE, M&FE has no control over these linked sites, all of which have separate privacy and data collection practices, independent of M&FE. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, M&FE seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Y. Participation Disclaimer

M&FE does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user-generated content on the site, M&FE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, M&FE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to M&FE in its sole discretion.

Z. HARRASSMENT

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a M&FE or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Z1. NOTICES.

M&FE may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to M&FE. All notices from or to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

1001 Fourth Avenue-Suite 3200, Seattle, WA 98154

Delivery shall be deemed to have been made by You after M&FE receives it.

Z2. HEADINGS.

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

Z3. ENTIRE AGREEMENT.

You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and M&FE regarding the Products and Services contemplated herein.

Z4. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

Z5. WAIVER.

The failure of M&FE to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of M&FE thereafter to enforce such provisions.

Z6. SURVIVAL.

All terms, sections and conditions herein shall survive any termination or cancellation of this Agreement.

Z7. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

By viewing this site and/or ordering any product or service or contacting Melting & Filling Equipment, Inc. you expressly agree that you have read, understood and agree to be bound by these Universal Terms of Service/ Terms & Conditions for Melting & Filling Equipment, Inc. Product and Services. If You do not agree to be bound, then do not view this or any affiliated websites, please leave this site immediately and do not order any products from Melting & Filling Equipment, Inc. DBA Waxmelters and DBA SoapMelters and/or any affiliated websites.