These Terms and Conditions (“Terms”) apply to all sales of manufactured and custom products
(“Products”), as well as engineering services (“Services”) and the combination thereof by
Montana Mixers LLC, a Montana limited liability company (“Company”) to the end user of
those commercial Products and Services (“User” or “You”) and by using the Company Website
[https://montana-mixers.com/] (the “Website”) or software. By placing an order, User agrees to these Terms. Any
terms or conditions proposed by User that are inconsistent with these Terms are hereby rejected.
1. Company Information Montana Mixers LLC
119920 Rick Jones Way, Butte, MT 59750
Email: info@montana-mixers.com
Phone: +1 (406) 519-4009
2. Manufactured Product Description: Company manufactures and sells commercial goods:
Vertical Resonant Oscillating Mixers TM (VROM TM), which are bladeless mixing systems
capable of mixing powders, liquids, slurries, and pastes. Patents are pending. All rights are
reserved. Available sizes include 750, 1500, 3000, and 25000. Detailed specifications are
provided in product documentation together with initial Product software developed by
Company. Company may substitute available sizes when the requested size of the Product is out
of stock. Company reserves the right to discontinue certain Products and Services, and will
endeavor to promptly provide You with reasonable notice of any discontinuation so You Can
seek alternate sources, inform Your customer base, and plan Your business accordingly. New
releases of and updates to Product software may be offered separately.
3. Services: In addition to Products, Company provides engineering services and mix studies to
assist Users in optimizing their mixing processes and meeting specific requirements. Details and
pricing for Services will be quoted individually based on the scope of work. Goods
recommended or purchased from third party manufacturers through Company Services may still
be covered by its respective manufacturer warranties. Warranty length and coverage depends on
the goods and the manufacturer and can be determined by contacting the manufacturer directly.
4. Pricing and Payment Terms
* Pricing: Prices are subject to change and do not include any required federal, state or
local sales or other taxes (except for taxes based on Company’s net income), duties,
export or custom charges, VAT charges, brokerage or other fees), shipping, special
handling and packaging, freight, insurance, or installation services for which User shall
be fully responsible (unless otherwise stated in the Purchase Order accepted by
Company).
* Payment Methods: Payments are accepted via ACH, Check, or Wire Transfer as
designated by Company in the Purchase Order.
* Payment Terms: Payment terms will be specified in the Quote sent by Company and
Purchase Orders accepted by Company. In the event of late shipping of any portion of an
order, the payment terms for previously delivered items remain unchanged. Failure to
make timely payments may result in suspension of credit and delay of shipments.
* Late Payment Penalty: Late payments are subject to a penalty of 1.5% per month.
* Description and Quantity of Products: Company shall transfer and deliver to User, and
User shall accept and pay for the Products described by type and quantity in the Purchase
Order accepted by Company.
5. Shipping and Delivery; Risk of Loss.
* Shipping Costs: User is responsible for all shipping costs. Title and risk of loss transfer
to User upon delivery to the carrier.
* Delivery Timelines: Delivery timelines will be quoted individually for each Company-
approved-Purchase Order. You shall be deemed to have Accepted the condition of
Manufactured and Custom Products on the date of delivery, unless You request to Return
the Product as described below within ten (10) days of Delivery. Company encourages
You to read this entire document to ensure You meet proper return requirements before
submitting a return request. Company does not compensate for late shipments but will
make all reasonable efforts to ship on time.
* Installation Services: Installation services are available upon request and will be quoted
as a separate line item.
6. Limited Warranty
* Warranty Coverage: A limited warranty of 1 year from the date of delivery, excluding
wear and tear of parts.
* Warranty Scope: The warranty covers defects in materials and workmanship of
Manufactured Products. It does not cover improper maintenance, customer modifications,
unauthorized maintenance or repair, use outside the system’s specifications, or
abuse/damage.
* Claims: Warranty claims must be submitted in writing, and Company reserves the right
to repair or replace the defective product at its discretion.
* Disclaimer of Express and Implied Warranties. Seller warrants that the Products are
as described in this Agreement, but no other express warranty is made with respect to the
Products and the Implied Warranties of Merchantability and Fitness for a Particular
Purpose are hereby disclaimed.
* Energetics Mixing Exclusion and Release: User agrees to ensure it is complying with
all laws, regulations, and other requirements for the mixing of hazardous materials
in the state where User is located and is hereby advised that the use of any Company
Products for mixing Hazardous Materials, including explosive energetic materials,
though specifically designed and manufactured for mixing hazardous explosive
energetic materials, is an inherently dangerous activity such that the condition of
the Product and your safety cannot be guaranteed by Company and will void the
Limited Warranty. Furthermore, should the User use any Company machine which
is not designed and manufactured for the mixing of hazardous explosive energetic
materials for the mixing of said materials, the User hereby releases and shall
indemnify, defend and hold harmless the Company, its subsidiaries and affiliates,
and representatives of all of the foregoing from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, damages, liabilities,
interest, reasonable attorney’s fees, costs and expenses of whatsoever kind or nature,
arising from any property damage or from injury to or death of any person, which
in any manner was directly or indirectly caused, occasioned or contributed to in
whole or in part by User’s use of any non-hazardous rated Company equipment for
the mixing of hazardous explosive energetic materials.
7. Returns and Refunds
* Return Policy: You may return new, unopened Products within 10 days of Delivery as
shown on the tracking receipt. A 10% restocking fee may apply. Products must be
returned in their original Product packaging and materials. You will be responsible for
return shipping costs and insurance.
* To return merchandise purchased from the Company, You must contact the Company to
request a Return Merchandise Authorization (RMA) number. You must request a RMA
within 10 days of delivery as shown on the tracking receipt. No refunds will be
authorized after 10 days. This policy is strictly enforced.
* Steps to Return Products:
1. Request a RMA by logging on to your account and following the process outlined
on the Website. You may request store credit or return on the original credit card.
2. Wait for approval from the Company. Upon approval of the return, you will be
provided with an RMA number and instructions where to ship the Products.
3. Place Products in original packaging and materials address per instructions on the
RMA.
4. Write the RMA number on the outside of the shipping package (not on original
packaging).
5. Secure insurance for the Products.
6. Ship Products back to the address on the RMA.
7. Provide the Company with the return shipping carrier (UPS, FedEx or USPS) and
tracking number so that we can alert the return facility. This ensures that Products
are not lost or cause additional delays in processing your return.
8. Receive notification from the Company regarding the status of your return.
* Returns for fulfillment mistakes due to receiving incorrect Products are also subject to the
14-day return policy and will require an approved RMA before shipping the Products
back. If an approved RMA is not obtained before shipping it back, it will be refused at
the facility and returned back to you without a refund.
* Once we approve the RMA you should expect your refund within 4 weeks of mailing
your Products to the return shipper. However, in most cases you will receive a refund
sooner than the four weeks. This time period includes the transit time for us to receive the
return at our facility (5 to 10 business days), the time it takes us to inspect and process
your return (5 to 7 business days), and the time it takes your bank to process our refund
request (5 to 10 business days). We will notify via email once we receive and fully
process your refund. Business days are Monday – Friday, excluding holidays.
Non-Returnable Products.
o Products marked as clearance are not returnable. Products that has been visibly
worn, ripped, marked, spilled on or that has missing tags are not returnable. If
non-returnable Products is sent to our return facility, it will be sent back to you
without a refund. Products damaged by the shipping company require a claim to
be submitted to that shipping company.
* Shipping.
o Products must be returned in its original product packaging. Please do not write or
mark the original packaging or Products.
o Products must be insured for the full amount paid during shipment with the
insurance and shipping charges prepaid by you. Products must be to the address
we provide in the RMA. If the return is a result of our error we will cover the
return shipping (i.e. incorrect or defective Products).
o Original shipping costs are not refunded.
* Company is under no obligation to accept returns. Returns for custom-engineered work
are not accepted.
8. Limitation of Liability; Actions; Statute of Limitations.
* Company’s maximum liability is limited to the value of the product sold. Company is not
liable for indirect, incidental, or consequential damages, including but not limited to loss
of use or profits.
* Any statute of limitations on claims arising under these Terms, the Products, the Services
or other agreements with the Company, are hereby expressly reduced a period of one (1)
year from the later date of Acceptance of Delivery or Breach.
* IN NO EVENT SHALL COMPANY BE LIABLE UNDER THIS AGREEMENT TO
THE BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,
STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME,
SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS BUSINESS
OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER
ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED
ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THE LIABILITY OF
SELLER, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR
ANY CLAIM OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT,
REGARDLESS OF LEGAL THEORY, SHALL NOT BE GREATER THAN THE
ACTUAL PURCHASE PRICE OF THOSE PRODUCTS WITH RESPECT TO WHICH
SUCH CLAIM IS MADE.
9. Product Use
* Safety Instructions: User must follow all safety and usage instructions provided with the
Product.
* Specific Use: If User intends to mix energetic, explosive or hazardous materials,
User must purchase a system specifically designed and engineered for this use. Use
of a standard system to mix, energetic, explosive or hazardous materials will void
the warranty. User agrees to hold Company, its representatives, aƯiliates, and
subsidiaries harmless, indemnify, and defend against any and all claims, liabilities,
damages, losses, or expenses, including legal fees, arising from the use of a system
not designed for hazardous or explosive materials. This includes, but is not limited
to, any misuse, negligence, or failure to comply with provided instructions.
* Environment: Products are designed for indoor use only.
* ACKNOWLEDGEMENT OF RISKS: You acknowledge that when using Company
Products for mixing energetic materials, those energetic materials could explode, and that
there are certain risks, hazards and dangers, including risk of physical injury, burns,
disability, or death and risk of loss of use or damage to Your personal property. Risks
include but are not limited to accidents, unforeseen circumstances, proximate
combustions, weather related hazards and natural disasters, infectious diseases, the
possibility of slips and falls, head injuries, pinches, scrapes, twists and jolts that could
result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more
severely debilitating or life-threatening hazards. You understand that injury or loss may
result from the use of Company Products to mix energetic explosive materials, in addition
to unknown or unexpected risks in your surroundings, but may also result from the use of
equipment, materials, or facilities recommended by the Company, environmental
conditions, from the acts or omissions of others, or from the unavailability of immediate
and/or adequate emergency medical care. There is also the possibility that Your
engaging in such activities could cause injury or harm to a person other than yourself.
You by offering or agreeing to purchase Company Products or Services, You agree to
and accept the risks involved in the activity of using Company Products or Services to
mix energetic explosive materials.
* You verify that You have no physical or mental disabilities, impairments, or chemical
dependencies that inhibit your use of Company Products or Services. You understand
that the Company does not guarantee your personal health or safety at any point during
this Use of Company Products or Services, nor does it protect You against risk of loss of
Your personal property. You understand the Company does not assume responsibility for
the actions of persons not employed by the Company for using Company Products or
Services to mix energetic explosive materials, or that are beyond the control of the
Company or its contractors, or for situations that may arise due to the failure of You and
Your agents to disclose pertinent information. You agree that You will not use Company
Products or Services for any unlawful purpose. You understand and hereby acknowledge
that You assume all risks incurred by your using Company Products or Services to mix
energetic explosive materials. In consideration of being allowed to use Company
Products or Services to mix energetic explosive materials, You hereby release the
Company, its officers, agents, owners and employees (collectively “Company”) from any
and all claims arising out of or in any way connected with using Company Products or
Services to mix energetic explosive materials, including but not limited to the risks as
outlined above.
* Code Of Conduct; Insurance, Acknowledgement of Responsibility. It is Your
exclusive obligation to maintain and control passwords to your account. You are
exclusively responsible for all activities that occur in connection with your User name
and password. You agree to immediately notify the Company of any unauthorized Uses
of your User name and password or any other breaches of security. The Company will
not be liable for any loss or damages of any kind, under any legal theory, caused by your
failure to comply with the foregoing security obligations or caused by any person to
whom You grant access to Your account. You agree to maintain adequate insurance on
your activities involving Company Products and Services. You consent to medical
treatment in the event of injury, accident and/or illness resulting from using Company
Products or Services to mix energetic explosive materials. In the event You are injured
or become ill while using Company Products or Services to mix energetic explosive
materials You understand and agree that You will accept responsibility for any medical
bills, including co-payments and deductibles. In the event You are injured or your
property is damaged as a result of using Company Products or Services to mix energetic
explosive materials. You will not seek reimbursement from the Company unless it is the
sole negligence of the Company that caused Your loss. You understand and agree to let
the Company investigate any claim and to abide by its findings. In the event that while
using Company Products or Services to mix energetic explosive materials. You cause
harm to another person or another person’s property. You accept sole responsibility for
Your actions. You understand and accept the risks; You understand and agree to abide by
the code of conduct; and You accept responsibility for injury to yourself; your property;
and harm to others that You have caused under the laws of the United States of America
and each of the several states where You may be mixing explosive energetic materials,
and expressly agree to obey the following:
o The Federal Hazardous Substances Act (15 U.S.C. § 1261 et seq.)
o The Child Safety Protection Act (15 U.S.C. § 1278)
o The Poison Prevention Packaging Act (15 U.S.C. § 1471 et seq.)
o The Labeling of Hazardous Art Materials Act (15 U.S.C. § 1277)
o The Children’s Gasoline Burn Prevention Act (110 P.L. 278, 122 Stat. 2602)
o The Consumer Product Safety Improvement Act of 2008 (110 P.L. 314, 122 Stat.
3016).
10. Intellectual Property; Notice
* User is prohibited from reverse engineering, modifying, or reproducing the Product. Any
modification voids the warranty. Company reserves all rights to trade secrets, trademarks,
copyrights and patents in its Products and Services.
* You agree to protect any confidential information that may be provided to or accessed by
the Company and to limit disclosure and use of the Company’s trade secrets, copyrights,
patents and including all proprietary information that may reasonably be provided by
Company (“Confidential Information”) and to grant access to only Your employees or
agents who need access the information to utilize Company Products and Services, and to
maintain and use the Confidential Information and to safeguard to whom the Confidential
Information may be disclosed by using the best security practices available to You, as if it
were your own Confidential Information for a period of five (5) years from Delivery, but
any trade secrets should be protected for so long as the information remains a trade
secret. These confidentiality obligations will be enforced and protected under Montana
and federal law.
* Copyright Complaints. (DMCA Takedown Requests)
o Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement must be sent to Service Provider’s Designated
Agent.
* Notification must be submitted to the following Designated Agent:
* Service Provider: Montana Mixers LLC
* Name of Agent Designated to Receive Patrick O’Connell
* Notification of Claimed Infringement: CEO & Founding Partner
* Full Address of Designated Agent for this and all other purposes:
* Montana Mixers LLC
* 119920 Rick Jones Way
* Butte, Montana 59750
* Telephone Number of Designated Agent: +1 (406) 519-4009
* E-Mail Address: info@montana-mixers.com
o To be effective, the notification must be a written communication that includes
the following:
* A physical or electronic signature of person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to
locate the material;
* Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
o Company may give notice of a claim of copyright infringement to Users by means
of a general notice on its Website, electronic mail to User’s e-mail address in
Company’s records, or by written communication sent by first-class mail to
User’s address in Company records. Company may, within its sole discretion,
terminate authorization of Users to its Website, Products or Services, who are
repeat infringers.
11. Dispute Resolution; Choice of Law; Venue
* Governing Law: These Terms are governed by the laws of the State of Montana and
applicable federal law without regard to conflict of laws principles.
* Parties Affirmatively Opt-Out of the CISG: You and the Company hereby expressly
opt out of the U.N. Convention on Contracts for the International Sale of Goods.
* Dispute Resolution: In the event of disputes resulting from the use of the Site, the parties
will first consult together with a view to resolve the dispute amicably. Any unresolved
disputes arising out of or related to these Terms, Company Products or Services will be
resolved through binding arbitration in Montana.
12. Custom Components
* Third-party components supplied by Company are not warranted by Company and are
hereby disclaimed whether express or implied, including the Implied Warranties of
Merchantability and Fitness for a Particular Purpose. However, the original
manufacturer’s or supplier’s warranty may apply.
13. Non-Assignability
* User may not assign or transfer any rights or obligations under these Terms without the
prior written consent of Company. Company consent shall not be unreasonably withheld,
conditioned or delayed. Any attempted assignment or transfer without such consent will
be null and void.
14. Miscellaneous
* Modification of Terms: Company reserves the right to, in its sole discretion, change,
modify, add, or delete portions of these Terms at any time. Company will provide notice
of such changes by posting the updated Notice on Company’s Website and changing the
“last updated” date associated with this Notice. This Notice applies exclusively to Your
access to, interaction with, and use of, these Products, Product Software, Services and
Company Website and does not alter in any way the terms or conditions of any other
agreement you might have with the Company or the Website. We encourage you to
review our Notice each time you visit our Site, to check if it has been updated since your
last visit. If you have any questions or comments regarding the use of the Website, please
direct your questions or comments to: patrick@montana-mixers.com
* Privacy Policy: Access our Privacy Policy here.
* Severability: If any provision of these Terms is found to be invalid or unenforceable, the
remaining provisions will remain in full force and effect.
* Survival: Sections 8-14 of the Terms shall survive termination of any Agreement
between the Parties.
* Force Majeure: Company is not liable for delays or failure to perform due to events
beyond its reasonable control, including but not limited to (a) acts of God; (b) flood, fire,
earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions,
embargoes or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages
or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar
influenza or bacterial infection (which is defined by the United States Center for Disease
Control as virulent human influenza or infection that may cause global outbreak, or
pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical
supplies and equipment; (l) shortage of power or transportation facilities; and (m) other
similar events beyond the reasonable control of the Impacted Party.
