Internet Purchasing Terms & Conditions

We respect and are committed to protecting your privacy. That is why we have adopted this privacy policy. This privacy policy lets you know how your personal information is processed and used. We promise that we will take steps to use your personal information only in ways that are compatible with this privacy policy. The following policies are only in effect for the Web pages, newsletters, and opt-in announcement lists owned by Technical Weighing Services, Inc. (TWS). The TWS network consists of all Web sites and other certain Internet media properties hyperlinked from the TWS home page. The following discloses our Privacy Policy.s

General

The undersigned, Buyer and Technical Weighing Services, Inc, (hereinafter referred to as TWS), agrees that all sales are subject to the following terms and conditions – superseding any contrary provisions shown elsewhere (including on buyer’s purchase order). These terms and conditions shall apply to all sales, regardless of the terms and payment (i.e. cash, COD, open account, letters of credit, etc.).

Prices

Although price changes will be advised in advance whenever possible, all prices are subject to change with or without notice.

FOB Point

All sales are made on the basis of FOB: TWS facility, Griffith, IN or point of manufacture. Title will pass to buyer when merchandise ordered is picked up by ANY carrier (motor truck line, parcel post, UPS, etc.). If the shipment is damaged or lost, BUYER must file a claim with the CARRIER involved. This is always true, even when TWS prepays the freight charges. If buyer files a claim, TWS will assist as much as possible and will supply, on request, evidence of shipment, postal insurance number, etc. TWS carefully inspects and packs all shipments and cannot be held responsible, directly or indirectly, for damages resulting from poor handling in transit. TWS will NOT accept any merchandise returned as “defective” that buyer may have received in damaged condition.

Changes/Cancellation/Rejection/Claims

Orders placed with us are not subject to cancellation, change or reduction in amount, or suspension of deliveries except with our consent and upon terms that indemnify us against loss. Unless confirmed in writing, all verbal agreements are void. We will not be responsible for changes in design, deliveries, or other instructions, unless they are furnished in writing. Customer agrees to pay all tooling charges caused by changes in design or specifications. Manufactured parts are shipped and billed as they are produced. Claims for shortage or rejections for defects must be made within ten days of receipt of goods. Credit will be rendered on such defective parts after we have had an opportunity to inspect them, provided they are returned to us, transportation charges prepaid, within thirty days, and provided they have not been altered or defaced in any way.

Returns

If any standard product purchased from TWS does not work, or if the incorrect product is shipped, return it in its original shipping container with all accessories for full credit or replacement within 30 days of purchase. Electronic components returned to TWS must be packaged to prevent electrostatic discharge (ESD) damage in shipment. This policy carries through to any products that you may have drop shipped to end customers.

If the incorrect amount of product was shipped, TWS must be contacted within 30 days of the purchase. Upon notification, we will immediately correct the situation.

We may, at our option, assess a restocking charge if the equipment was incorrectly specified for the application intended, and/or damaged beyond reasonable repair. Authorization to return merchandise will automatically imply acceptance by buyer of a restocking charge equal to 25% of the prevailing suggested retail price with a minimum charge of $10.00 per return. Only unused merchandise will be accepted, subject to inspection upon receipt by Technical Weighing Services, Inc.. All returns must be shipped to TWS freight prepaid and insured.

Equipment that has been abused and/or shows signs of excessive wear and cannot be reconditioned and resold will not be accepted for return.

All TWS return guidelines apply to products drop-shipped to your end user customer. If a perceived error occurs, TWS will investigate to the best of our ability to determine if the error occurred prior to shipping, during shipping, or at the end user site. If our records and subsequent investigation indicate that the shipment was correct when it left our factory, our responsibility extends only to the distributor, not their end user. Our standard product warranty notes that our coverage extends only to equipment and systems properly installed by a distributor.

Expediting the Return

When returning equipment for repair or warranty reimbursement consideration, these simple steps will help to expedite your request:

  1. 1. Call our office and obtain a RETURN AUTHORIZATION number
  2. 2. Return the items via carrier of your choice, prepaid, insured.
  3. 3. Make sure the Return Authorization number is clearly marked on the package and all paperwork.

Open Account / Credit

After credit has been duly established at Technical Weighing’s sole discretion, the following terms of payment will apply:

Payment of Invoices
Payment is net thirty (30) days from date of shipping where progressive payment terms have not been previously agreed upon.

Late Payment Charge
Late payment charges are subject to a 1-1/2% charged per month or fraction thereof (18% annual rate) or maximum permissible under State Law-calculated on the balance of the invoice(s), including freight and/or similar charges.

Collection of Past Due Invoices
All past due invoices will be referred for collection. It is understood and agreed that all collection expenses up to and including all eventual court costs and reasonable attorney fees will be added to amount(s) past due and will be paid by buyer.

Limited Warranty

TECHNICAL WEIGHING warrants that all its products, hereinafter referred to as PRODUCTS, are free from defects in workmanship and material. No other express warranty is given and no affirmation from TECHNICAL WEIGHING by word or action, shall constitute any further express or implied warranty.

The seller agrees, represents, and warrants that the equipment delivered hereunder shall be free from defects in material and workmanship. Such warranty shall not apply to accessories, parts or materials purchased by the seller unless they are manufactured pursuant to seller’s design, but shall apply to the workmanship incorporated in the installation of such items in the complete equipment. To the extent purchased parts or accessories are covered by the manufacturer’s warranty, seller shall extend such warranty to buyer.

Any such defect in material and workmanship shall be presented to seller as soon as such alleged errors or defects are discovered by purchaser and seller is given opportunity to investigate and correct alleged errors or defects and in all cases buyer must have notified seller thereof within one (1) year after delivery. This warranty is limited to parts and materials only and does not include labor, travel, or any other costs associated with the warranty claim. Seller’s obligation under said warranty is conditioned upon the return of the defective equipment, transportation charges pre-paid to the seller’s factory in Griffith, Indiana. The purchaser must submit reasonable proof to seller prior to return of the equipment that the defect is due to a matter embraced within seller’s warranty hereunder.

Said warranty shall not apply if the equipment shall not have been operated and maintained in accordance with seller’s written instructions applicable to such equipment, or if such equipment shall have been repaired or altered or modified without seller’s approval; provided, however, that the foregoing limitation of warranty insofar as it relates to repairs, alterations or modifications shall not be applicable to routine preventative and corrective maintenance which normally occur in the operation of the equipment.

Said warranty shall not apply if the equipment shall not have been operated and maintained in accordance with seller’s written instructions applicable to such equipment, or if such equipment shall have been repaired or altered or modified without seller’s approval; provided, however, that the foregoing limitation of warranty insofar as it relates to repairs, alterations or modifications shall not be applicable to routine preventative and corrective maintenance which normally occur in the operation of the equipment.