Terms of Sevice - Mirada Research

OVERVIEW

This website is operated by Mirada Research & Manufacturing. Throughout the site, the terms “we”, “us” and “our” refer to Mirada Research & Manufacturing. Mirada Research & Manufacturing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – QUALITY MANAGEMENT SYSTEM

Mirada Research & Manufacturing is currently ISO 9001:2015 certified and does not make claim to be certified to nor meet any of the requirements of any other industry standards (except as expressly stated by us).

Mirada is committed to innovating, designing, manufacturing and delivering high quality inflation components, which incorporate cutting-edge technology to exceed customer requirements. Mirada will continue to maintain and improve a quality system which supports our commitment.

We will strive to achieve our quality objectives and exceed our customers’ expectations through:

Development and delivery of products and services that meet or exceed customer requirements
Determination to deliver product on-time with zero backorders and zero defects
Continual improvement of our processes
Emphasized quality awareness and its benefits to our customers and employees
Providing a positive working environment with progressive training to empower our team to perform to a level of excellence

Our core Quality Objectives are to provide:

100% On-time delivery to customers with no back-orders
Zero quality defects
Excellent Customer satisfaction

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear on this website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates (where applicable), so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through us is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).

Claims of errors, inaccuracies, or omissions relating to a Service that has been performed by Mirada must be
submitted within 60 days of order receipt. Any claims filed outside this period or claims that were not directly
caused by Mirada may (at the sole discretion of Mirada) be rejected.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

MIRADA RESEARCH & MFG. STANDARD PRODUCT WARRANTY
Mirada Research & Mfg. (“Mirada”) warrants that (i) all Mirada manufactured product will be free of any defect in materials or workmanship for the lifetime of the product; (ii) all non-serviceable products (I.e. products not intended to be serviced outside Mirada’s facility such as PRV’s, topping valves, inlet-check assemblies, etc.) will maintain functionality for a period of (1) year; (iii) serviceable products (I.e. products intended to be serviced outside Mirada’s facility such as inflation valves, firing heads, cylinder heads, etc.) will maintain functionality for a period of (5) years (some component exclusions may apply). The warranty period begins on the date the product is shipped to the customer. The warranty applies to all Mirada manufactured product purchased, installed, and used for the purpose for which such product was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, usage not in accordance with product instructions, acts of nature, improper installation or repairs made by anyone other than Mirada. Mirada reserves the right to substitute functionally equivalent new or refurbished parts.

WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Standard Product Warranty Period outlined above, the remedy for any breach of the Standard Product Warranty will be at Mirada’s sole discretion and option. Products that a customer claims to be defective must be available to Mirada for inspection and evaluation in the original factory condition. To be entitled to rights under the Standard Product Warranty, the customer must complete the Return Merchandise Authorization (RMA) request form found at www.miradaresearch.com/warranty and provide any proof of warranty eligibility information requested by Mirada within thirty (30) days of discovering a suspected defect in any product, and prior to the expiration of the applicable Standard Product Warranty Period. Following receipt of the completed RMA request form, Mirada will determine whether the reported problem is covered by this Standard Product Warranty. If Mirada determines that the problem is covered, Mirada will authorize repair or replacement of the defective product, as deemed appropriate by Mirada in its sole discretion.
2. Before shipping any product to Mirada, the customer must obtain a return authorization number from Mirada to be identified on the package of the returned product. Any product received by Mirada without the return authorization number may, at Mirada’s option, be returned to the customer collect.
3. Mirada will provide customer with new, rebuilt, or refurbished product of equal or improved quality to replace eligible defective product. Rebuilt or refurbished product may bear cosmetic blemishes that do not affect performance. Unless otherwise specified repaired or replaced products are covered only for the remainder of the term of the applicable Standard Product Warranty. Mirada has no obligation to paint, refinish, refurbish, restore or exchange any product with cosmetic blemishes determined not to affect form fit or function based on the discretion of management.

PRODUCT WARRANTY EXCLUSIONS
Mirada does not warrant or guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold (Mirada product is rated from -40°F to 160°F unless otherwise stated), highly corrosive environments, accidents, actions of third parties, or other events outside of Mirada’s control, or (B) customer’s abuse, mishandling, misuse, negligence, improper storage, improper operation, or unauthorized attempts to service, repair or alter the product in any way. Customer must provide trained (by Mirada) and qualified technical personnel to maintain and service the product on-site.
2. Alterations and/or Modifications to any part of Mirada’s product, without Mirada’s written authorization unconditionally VOIDS the Mirada Standard Warranty. Product built to customer’s specifications that are later found not to meet customer’s needs or expectations.
3. The performance of the product when used in combination with incompatible products or applications.
4. Batteries and other consumable goods.
5. Wearable items, such as tooling, cables, part harnesses, contacts etc.

DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, MIRADA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL MIRADA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF MIRADA’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE MIRADA PRODUCT SOLD TO THE CUSTOMER AND WARRANTED HEREUNDER, MIRADA’S PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY MIRADA FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. GOVERNING LAW AND JURISDICTION

In no case shall Mirada Research & Manufacturing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 13 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 809 4th st, Ironton, MN, 56455, United States.

SECTION 15 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at kdrewelow@miradaresearch.com.