Terms and Conditions

Legal Terms & Conditions of Use

PLEASE READ CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE TO THESE TERMS OF USE. If you do not agree with any of the below Terms of Use, do not use this site.

Modern Ice Equipment and Supply Company, Inc. (Modern) reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Materials You See On This Website and Your Use of Them

All material on this site, including for example images, illustrations, and special surveys, games, or promotions, is protected by copyrights which are owned and controlled by Modern or by third parties who have materials distributed by Modern. Material from www.modernice.com may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way unless expressly specified on the site (i.e., downloadable catalog). Modification of the materials or use of the materials for any purpose other than your own use is a violation of the copyrights and other property rights held by Modern and third party companies. The use of any such material on any other Web site or networked computer environment is prohibited.

Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this site, or any other content on this site, is strictly prohibited.

This site is controlled and operated by Modern Ice Equipment and Supply Company, Inc., from its offices located at:

5709 Harrison Avenue, Cincinnati, Ohio 45248 with an e-mail address for our Marketing Manager of jshelton@modernice.com

The phone number is 1-800-543-1581.

Matter You Submit to Modern Ice Equipment & Supply

Modern welcomes your comments regarding our merchandise and services, including our Internet site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Modern will become property of Modern and Modern shall be entitled to use any kind and nature of material which you submit for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the Modern site, you agree that Modern has the right to publish the material for any type of use as outlined above including for promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork.

You agree to indemnify Modern, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions.

Other Sites Which May Be Linked to This Site

Modern may include some links to other Internet sites. Neither Modern, its subsidiary companies, shareholders, nor their affiliates operate or control in any respect any information, products, or services on Linked Sites which are not owned or controlled by an affiliate of Modern. You access them at your own risk and by accessing them you leave the Modern site. Modern, whether or not a relationship exists with Linked Sites, is not responsible for the content on the Linked Sites and disclaims all liability for any injury you experience while you are in such Linked Site.

Terms and Conditions of Item Purchased from Modern Ice Equipment & Supply

Contract:

Sales invoices are subject to acceptance by MODERN Ice Equipment and Supply, hereinafter referred to as the Seller, at its Harrison, Ohio office, and contingent upon strikes, ability to secure material, or causes beyond Seller’s control. No terms or conditions of Purchaser’s order contrary to the Seller’s terms and conditions shall be binding upon the Seller unless specifically agreed to by the Seller in writing.

Prices:

All quoted prices are understood to be F.O.B. manufacturer’s plant, unless otherwise stipulated by Seller, with deliver to and accepted by carrier constituting delivery to Purchaser. Prices do not include "start-up" of equipment unless otherwise stipulated by Seller.

Finance Charge:

Past due accounts of thirty (30) days or more are subject to a Finance Charge of one and one-half percent (1 1/2%) per month, eighteen percent (18%) per annum. All collection and reasonable legal fees are to be paid by Purchaser when past due accounts are referred for collection through an agency, attorney, or court.

Title:

It is agreed that Seller will retain title to any equipment and have the right to possession of any equipment invoiced herein until final payment is made and if full payment is not made as agreed, the Seller shall have the right, at Purchaser’s expense, to remove all invoiced equipment, installed or otherwise, and Purchaser agrees to hold Seller harmless for any damages resulting from the removal thereof from any persons whomsoever.

Insurance:

Upon delivery to and acceptance by carrier of this equipment, the Purchaser shall assume risk of loss or damage to such equipment, and shall cause the same to be insured against loss or damage in an amount sufficient to protect the interest of Seller. Proof of insurance policies shall be delivered to Seller at its option.

Limited Warranty:

Any warranties on the equipment or accessories invoiced and sold herein are solely and exclusively those of the Manufacturer, which is usually for a period of one (1) year from the date of shipment F.O.B. Manufacturer’s plant. Seller makes no warranty of any kind whatsoever, express or implied, unless specifically stated herein, and there are no warranties of merchantability and/or fitness for a particular purpose. Seller shall not be liable for any incidental or consequential damages to any person or property due to breach of any manufacturer’s warranty, or the sale of any equipment of accessories invoiced herein. Without limitation to the foregoing, in no event shall Seller be liable for the loss of use of the product or for the loss of use of any other product, process, plant, equipment, or facilities of the Purchaser, or the end-user whether partially or wholly due to defects in material and/or workmanship and/or design of any manufacturer’s product, and in no event shall Seller be liable for removal of appurtenances or incidentals such as connections, pipe work, or similar items of obstruction or for any cost brought about by the necessity of removing the product from its point of installation.

Taxes:

All prices are exclusive of taxes. Sales, Use, Excise, and Other Taxes by whomsoever levied, are to be paid by the Purchaser, and unless invoiced herein by Seller, are to be paid by the Purchaser direct to the appropriate Federal, State, Municipal, or Foreign Government.

Delivery:

Delivery of shipment specified is Seller’s best estimate and Seller shall not be liable for delay in deliveries resulting from any cause whatsoever. Failure to ship on or near the estimated date shall not entitle Purchaser to cancel his order without charge. If shipment is held up by Purchaser or deferred at Purchaser’s request, it is agreed the invoice will be accepted for payment in accordance with the terms shown as though shipment has been made.

Return of Materials:

Materials may be returned only with prior written agreement of Seller.

Cancellation:

Cancellation of orders may be made only with the Seller’s written consent and Purchaser shall be subject to cancellation charges.

Fair Labor Standards Act:

Seller certifies that the products purchased hereunder are produced in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended.

Assignment:

Any assignment of the rights accruing hereunder shall be void without prior consent of the Seller.

Governing Law:

The entering into, construction, interpretation, performance, and discharge of the terms set forth herewith shall be governed in accordance with the laws of the State of Ohio.

Governing Conditions:

Contractual agreements executed by the Seller and Purchaser shall take precedence over comparable terms set forth herein.

Safety Notice:

Safety and warning labels appearing on products sold by MODERN ICE EQUIPMENT AND SUPPLY are intended for the protection of the purchaser and users of the products. These labels should be preserved to the extent possible. Upon request, MODERN ICE EQUIPMENT AND SUPPLY will provide replacement labels for products it manufactures.

Used Equipment:

All used equipment is sold "As Is"  with payment terms of payment prior to loading equipment on truck.  The following terms and conditions apply to all sales agreements on used equipment:

Notwithstanding any representation, warranty, or covenant of seller contained in this agreement or any instrument delivered pursuant hereto; no representation, warranty or covenant of seller shall apply to this transaction, except as specifically set forth in this agreement.

Except for those representations and warranties of seller expressly set forth in this agreement, seller is not making, and has not at any time made, directly or indirectly, any warranties or representations of any kind or character, expressed or implied, with respect to the property or equipment being provided (the "purchased equipment"), including, but not limited to, any warranties or representations as to merchantability, fitness for a particular purpose, or any other matter or thing regarding the purchased equipment, except as otherwise expressly provided herein. In acquiring the purchased equipment, purchaser accepts the equipment "as is, where is, with all faults." Purchaser has not relied upon and will not rely upon, either directly or indirectly, any representation or warranty made by or on behalf of seller or any representative of seller with respect to the purchased equipment, save and except those representations and warranties of seller expressly set forth in this agreement. Purchaser has conducted such investigations and inspections of the purchased equipment as purchaser deems necessary to satisfy themselves as to the condition of the purchased equipment and will rely solely upon same and not upon any information provided by or on behalf of seller or any representative of seller. Purchaser assumes the risk that adverse matters, including but not limited to, construction defects, wear and tear, damage to the equipment and other adverse physical conditions, may not have been revealed by purchaser’s investigations.

©2008 Modern Ice

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Order by 4:00 and Out the Door

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1.800.543.1581

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(513) 367-2101

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