Terms and Conditions
Payment Methods We accept Visa, MasterCard, American Express, Company/Business Check, Certified Check, Money Order, & Approved PO's.
TEK SUPPLY INC. CONDITIONS OF SALE
1. GENERAL No understanding, promise or representation, and no waiver, alteration or modification of any of the provisions hereof, shall be binding upon TEK Supply, Inc. unless assented to in writing by an authorized representative of TEK Supply Inc. Handbooks and catalogs supply general information and are not considered offers to sell on the part of TEK Supply, Inc. Orders are accepted subject to TEK Supply, Inc. terms, conditions, and price provisions in effect at the time the order is accepted. Any “hold” orders are held or continued on the basis that the order will become subject to the same conditions as new orders entered on the date of release of the “hold.” Equipment held by TEK Supply, Inc. for a Buyer is held at Buyer’s expense and risk and shall be subject to charges for storage. The acceptance of our tender includes the acceptance of the following terms and conditions. A contract will be deemed as being concluded only upon our receipt of written confirmation of the order. No departure from the terms of sale is to be made except upon written confirmation duly signed on behalf of both contracting parties. This agreement supersedes terms and conditions on all customer documents and confirmations.
2. PERFORMANCE Any performance figures given by TEK Supply, Inc. are based upon experience and are such as we expect to obtain on tests in our works. We shall be under no liability whatsoever for damages or otherwise for failure to attain such figures unless we have specifically guaranteed and warranted such performance figures subject to the recognized tolerance applicable.
3. DELIVERY Shipping promises are made in good faith; shipping dates appearing on acknowledgements of orders, or given to the customer in any other manner, are approximate. Any times quoted for delivery are to be treated as estimates only, not involving TEK Supply, Inc. in any liability for failure to deliver within such time, unless otherwise specifically agreed in writing. All events of war or mobilization would entitle TEK Supply, Inc. to withdraw from this contract as well as any strikes, act of rebellion, civil commotion, force majeure, unreasonable difficulty or impossibility in procuring raw materials, accidents or damage at our works or our subcontractor’s works, unreasonable lack of shipping facilities, as well as to all other accidents or casualties which might impair either the fabrication at our suppliers and works or the dispatch thereof or which might give the supplier’s works the rights not to effect delivery to us pursuant to their terms of delivery. In every such case TEK Supply, Inc. is released entirely from its liability to delivery and are not bound to place the order with any other subcontractor or to use alternative means for the fulfillment of this contract. No penalties and no indemnification whatsoever for the delayed delivery or nondelivery or fault and/or defective delivery may be claimed against TEK Supply, Inc.
4. WARRANTY TEK Supply, Inc. warrants to Buyer that products and any services furnished hereunder will be free from defects in material, workmanship and title and be of the kind and quality specified in TEK Supply, Inc. quotation only if stated in the quotation. The foregoing shall apply only to failure to meet said warranties (excluding any defects in title) which appear within one year from the date of shipment hereunder. The warranties and remedies set forth herein are conditional upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of TEK Supply, Inc. and (b) Buyer promptly notifying TEK Supply, Inc. in writing of any alleged defects and, if required, promptly making the product available for correction. Satisfaction of this warranty, consistent with other provisions herein, will be limited to the replacement or repair or modification of, or issuance of a credit for the equipment involved, at TEK Supply, Inc. option with TEK Supply, Inc. to determine the availability of service personnel and customer to pay associated service expenses; such warranty satisfaction shall be available only if TEK Supply, Inc. examination of the subject equipment discloses, to its satisfaction, that any defect has not been caused by misuse; neglect; improper installation; improper maintenance, repair or alteration; accident; or unusual deterioration or degradation of the equipment or parts hereof due to physical environment or due to electrical or electromagnetic noise environment. If any product or service fails to meet the foregoing warranties (except title), TEK Supply, Inc. shall thereupon correct any such failure either, at its option, (i) by repairing any defective or damaged part or parts of the products, or (ii) by making available, F.O.B. TEK Supply, Inc. plant or other point of shipment, any necessary repaired or replacement parts. Where a failure cannot be corrected by TEK Supply, Inc. reasonable efforts, the parties will negotiate an equitable adjustment in price. The preceding sets forth the exclusive remedies for claims (except as to title) based on defect in or failure of products or services, whether claim is in contract or tort (including negligence and however instituted). Upon expiration of the warrant period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. TEK Supply, Inc. does not warranty any products or services of others which Buyer has designated. Warranty of used goods shall be decided on by both parties and will be 1 year from the date of purchase for the serial number of the item purchased. Where not stated, warranty shall be 30 days on used equipment.
5. DAMAGES IN TRANSIT TEK Supply, Inc. will not be liable for goods damaged in transit.
6. TERMS Except as may otherwise be stated in quotations, terms to customers of satisfactory credit are (30) days net from date of invoice. If buyer defaults when any payment is due, then the whole contract price shall become due and payable upon demand. TEK Supply, Inc. at its option, reserves the right to defer delivery or cancel the contract for sale. Pro rata payments shall become due as shipments are made. If shipments are made by Buyer, payments shall become due on the date when TEK Supply, Inc. is prepared to make shipment. If the work to be performed hereunder is delayed by the Buyer, payments shall be made based on the purchase price and the percentage of completion. Equipment held for Buyer shall be at the risk and expense of buyer. If the financial condition of Buyer at any time does not, in the judgement of TEK Supply, Inc., justify continuance of the work to be performed by TEK Supply, Inc. hereunder on the terms of payment agreed upon, TEK Supply, Inc. may require full or partial payment in advance or shall be entitled to cancel any order then outstanding and shall receive reimbursement for its reasonable and proper and cancellation charges. The rights of TEK Supply, Inc. under this paragraph are cumulative and in addition to all rights available to TEK Supply, Inc. at law or in equity.
7. SALES AND SIMILAR TAXES Except for shipments to Illinois or Florida, TEK Supply, Inc. does not include sales, use, excise or similar taxes on its invoices. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the equipment hereunder shall be paid by Buyer, or in lieu thereof Buyer shall provide TEK Supply, Inc. with a tax-exemption certificate acceptable to the taxing authorities. TEK Supply, Inc. does include sales, use, excise or similar taxes on its invoices for shipments to Illinois or Florida unless Tek Supply, Inc. is provided with a tax-exemption certificate acceptable to the taxing authorities. Additionally, any import duties and/or taxes and fees will be paid for by the Buyer.
8. CANCELLATION Cancellation may be made only upon written notice by the Buyer. Cancellation shall be subject to the following conditions:
9. LIMITATIONS OF LIABILITY AND INDEMNITIES (a) In no event, whether as a result of breech, contract, warranty, tort (including negligence) or otherwise, shall TEK Supply, Inc. or its suppliers be liable for any special, consequential, incidental or penal damages including, but not limited to, loss of profit or revenues, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customers for such damages. If Buyer transfers title to or leases the products sold hereunder to any third party, Buyer shall obtain from such third party a provision affording TEK Supply, Inc. and its suppliers the protection of this article.
10. PROPERTY OF THE GOODS DELIVERED (a) The risk in such goods shall pass to the Buyer immediately upon shipment.
11. MODIFICATIONS TEK Supply, Inc. reserves the right to modify the design of any drawings referred to in the quotation provided that modification will not result in any increased charge to Buyer and that as a result thereof the goods would be equal in performance to those stipulated in the contract or be more efficient but they shall under no circumstances whatsoever be less efficient than those stipulated in the contract.
12. QUOTATIONS AND PRICES All written quotations automatically expire thirty (30) days from the date quoted unless accepted within the thirty (30) days. However, all quotations are subjected to change without notice within this thirty-day period. Verbal quotations expire the same day they are made. In order for quotations to be binding, the quotations must list the quantities. Prices shown in any TEK Supply, Inc. publication are subject to change without notice. Such literature is maintained only as a source of general information, and any prices shown therein are subject to confirmation with a specific quotation. All clerical errors are subject to correction. Should the prices charged by our suppliers change, by reason of increased labor costs, increased raw material cost, or any other reason, we reserve the right to re-negotiate our prices.
13. SHIPPING WEIGHTS AND DIMENSIONS Published weights are careful estimates but are not guaranteed. Dimensions shown in TEK Supply, Inc. publications are approximate. Certified dimension drawings can be obtained upon request.
14. RETURN OF EQUIPMENT Authority for return of equipment, whether under Warranty Clause or otherwise, must be obtained from TEK Supply, Inc. Such authority shall be granted for each reasonable request. Unless such authority has been granted, shipment will be refused. All equipment returned should allude reference to all pertinent order information for that equipment to include order, part, model and serial numbers as well as details of the system from which the equipment was removed when appropriate. Cost for placing equipment returned for credit in a saleable condition will be charged to Buyer, except for, and TEK Supply, Inc. will pay return transportation only for those returns based upon conditions or circumstances which TEK Supply, Inc. is responsible by the terms and conditions herein. Only unused apparatus and material currently sold by TEK Supply, Inc. which has been invoiced to the purchaser within one year of his request to return same, will be considered for return. Material accepted for return is subject to a minimum service charge of $50.00 or 10% of the billing invoice, whichever is greater, plus all transportation charges incurred by TEK Supply, Inc.
15. SUBSTITUTES TEK Supply, Inc. may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers and assumes no liability for deviation from published dimensions and descriptive information not essential to proper performance of the product
16. CHOICE OF LAW - This contract is governed by the Laws of the United State s and the State of Illinois. Venue for any action under this contract shall lie in McHenry County, State of Illinois, regardless of where the buyer is located.
17. ATTORNEY'S FEES - Should TEK Supply, Inc find it necessary to take action against buyer for a default under this contract, buyer shall reimburse TEK Supply, Inc. for all reasonable and necessary attorney's fees and court costs incurred as a result of such action. This shall include, but not be limited to costs incurred prior to litigation, costs to the Circuit Court for filing fees, transcription expenses, expert witness fees, travel expenses, etc,
18. SUCCESSORS This Agreement is binding upon successors and assigns. The assignment of this contract to a third party without TEK Supply, Inc. prior written consent is not permitted.
19. COPYRIGHT In all engineering submitted by TEK Supply, Inc., in no way shall these drawings or ideas be copied by companies or persons being quoted or sold equipment to by TEK Supply, Inc., without written permission by TEK Supply, Inc.
All orders placed from our Website executes your agreement to this contract and shall apply all future transactions between TEK Supply, Inc. and buyer. It will not be necessary to reexecute this contract with each and every transaction placed between TEK Supply, Inc. and buyer. Your use and purchases from our Webste will indicate your aggreement to all our terms and conditions of sale.