Customer Portal

Terms & Conditions

General

The following terms and conditions shall constitute the entire Agreement for the purchase and sale of Lomatt Dynamics’ products. Any acceptance contained herein is made expressly conditional upon the Purchaser’s assent to the terms which are different from, in addition to, or vary the terms contained in the Purchaser’s purchase order or request for quotations. Such assent shall be deemed to occur upon the failure of the Purchaser to object in writing specifically to such term or terms within 14 days from the receipt hereof. Any terms and conditions contained in the Purchaser’s purchase order or request for quotation which are different from, in addition to, or vary Lomatt Dynamics’ terms and conditions shall not be binding upon Lomatt Dynamics and Lomatt Dynamics hereby objects thereto.

ADA Compliance

We are currently working to update our site. While we work through this, if you have any trouble accessing our site or need any assistance, please call 574-900-2121.

Privacy and Cookie Policy

This privacy policy sets out how this website uses and protects any information that you give the Lomatt Dynamics while using this website. Lomatt Dynamics is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Lomatt Dynamics may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. No data is ever collected and sold.

What We Do With the Information We Gather

We (Lomatt Dynamics) require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Changes

Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that Lomatt Dynamics receives written notice of the desired changes and accepts the same and provided further that the Purchaser accepts the additional charge therefore as determined by Lomatt Dynamics. Changes which interfere with or alter Lomatt Dynamics production schedules will not be accepted unless the time for performance is extended for such period as deemed necessary to Lomatt Dynamics. Failure of Lomatt Dynamics to accept a Purchaser’s request to change its purchase order shall not be cause for Purchaser’s cancellation of its order except upon payment of a cancellation charge to be determined by Lomatt Dynamics.

Cancellation

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1. Lomatt Dynamics shall have the absolute right to cancel this Agreement upon breach thereof by the Purchaser, failure by the Purchaser to make any payment required by this Agreement, or the insolvency or bankruptcy of the Purchaser.

2. A purchase order or any part thereof which is hereby accepted by Lomatt Dynamics may not be cancelled unless and until Lomatt Dynamics receives written notice of cancellation, has determined the additional charge to be made and the same has been accepted and paid by the Purchaser. Upon receipt of a Notice of Cancellation, Lomatt Dynamics shall be entitled to take whatever action it deems necessary and advisable to minimize cancellation charges.

Warranty

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1. Lomatt Dynamics warrants, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for a period of one year after shipment thereof to the original purchaser given all products were stored in a cool dry place and are unused by the Purchaser or end user.

2. LOMATT DYNAMICS LLC WARRANTY EXTENDS ONLY TO THE PRODUCTS ASSEMBLED BY IT AND IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPRESENTATIONS REGARDING SUCH PRODUCTS MADE BY LOMATT DYNAMICS LLC, IT’S EMPLOYEES, AGENTS OR REPRESENTATIVES.

3. PRODUCTS, OR COMPONENTS THEREOF, SUPPLIED BY ANY OTHER PARTY TO LOMATT DYNAMICS LLC WHICH ARE NOT ASSEMBLED BY LOMATT DYNAMICS LLC ARE COVERED ONLY BY THE INDIVIDUAL WARRANTY OF SUCH OTHER PARTY AND COPIES OF SUCH WARRANTY WILL BE FURNISHED UPON REQUEST.

4. Lomatt Dynamics reserves the right to inspect products claimed defective under warranty either at the Purchaser’s location or at Leesburg, IN office. A defective product is not to be returned to Lomatt Dynamics plant unless authorized by Lomatt Dynamics. Products so returned shall be returned to Lomatt Dynamics plant freight prepaid. Any product proving defective due to faulty assembly within one year from date of shipment will be replaced or repaired free of charge, F.O.B. Lomatt Dynamics plant, Leesburg,IN. Lomatt Dynamics assumes no liability for labor charges incidental to the adjustment service, repairing, removal, or replacement of the product or other cost, or for the expense of repairs made outside of its factory except when made pursuant to Lomatt Dynamics prior written consent. Lomatt Dynamics, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustments after inspection of defective product by means of credit memorandum.

Delays

Lomatt Dynamics shall not be liable for damages or for delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing and priority system by any agency of the United States Government, fires, floods, storms, and other acts of God, accidents, strikes, insurrections, war, shortages of materials, lack of transportation and failure of performance of subcontractors and/or suppliers for similar reasons. Failure of Lomatt Dynamics to perform for these reasons aforesaid shall not be grounds for Purchaser’s cancellation of its order but the delivery date shall be extended accordingly.

Limitation of Liability

No claim is made hereunder by the Purchaser. Whether as to goods delivered or for non-delivery shall be greater that the purchase price of the goods in respect of which such claims is made, and Lomatt Dynamics shall under no circumstances be liable for consequential damages.

Miscellaneous

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1. This agreement may not be assigned or otherwise transferred by Purchaser without prior written consent of Lomatt Dynamics and any such assignment or transfer without such prior written consent shall null and void of no force or effect whatsoever.

2. Lomatt Dynamics’ failure to insist, in one or more instances, upon the performance of any term of this agreement shall not be construed as a waiver of relinquishment of its right to such performance or the future performance of such term or terms and Purchaser’s obligation with respect thereto shall continue in full force and effect.

3. Any notice or other communication required or permitted hereunder shall be sufficiently given if sent in writing by registered or certified mail, postage prepaid to the other party thereto at its respective address first above written. Any such notice, if so mailed, shall be deemed to have been received on the third business day following such mailing. Either party hereto may change its address for notice purposes by written notice to the other party.

4. The paragraph headings in this agreement are used for convenience only. They form no part of this agreement and are in no way intended to alter or affect the meaning of this agreement.

5. This agreement may be amended at any time by mutual agreement of the parties hereto by an endorsement to this agreement signed by each of them.

6. The invalidity, in whole or in part, of any provision of this agreement shall not affect the validity of enforceability of any other of its provisions.

7. This agreement shall be governed by and constructed in accordance with the laws of the State of Indiana.

8. We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.

9. All reasonable legal and collection cost will be charged to customer if referred for collection.

Taxes

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All applicable federal, state or local sales, use, or excise taxes are the responsibility of the purchaser and shall be in addition to the price or prices stated on Lomatt Dynamics’ invoice and other related documents unless otherwise specifically stated. Lomatt Dynamics shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certifies must accompany any order to which the same applies.

Payment Terms

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1. CASH PAYMENT: Net 30 days. A service charge at the maximum rate allowed by law will be charged on balances which are over 30 days.

2. F.O.B: Shipping Point unless otherwise stated.

3. Orders over $100,000 or orders shipping internationally require a contract. Payment in full is required prior to shipment unless noted otherwise on an given contract.

4. Orders from customers without established credit terms or greater than current established terms will require a credit application subject to fees and references to be supplied along with resale certificate. In most cases; an initial down payment at time of order of 55% will be requested and charged within 24 hours of the receipt of purchasing order.