Terms and Conditions
[Shipping and Sales Tax]
[Payment Methods]
[Terms and Conditions]
1. ORDER ACCEPTANCE. All orders or services are
subject to acceptance in Minnesota by the written
approval of an authorized official of Tol-O-
Matic, inc.. Any such order shall be subject to
these Terms and Conditions of Sale, and
acceptance shall be conditioned on Purchaser’s
assent to such conditions. Purchaser’s assent
shall be deemed given unless Purchaser shall
expressly notify Tol-O- Matic, Inc. in writing to
the contrary within five (5) days after receipt
of acknowledgment of confirmation of an order. 2.
CANCELLATION AND CHANGES. No order accepted by Tol-
O-Matic, Inc. may be modified in any manner by
Purchaser unless agreed to in writing, by an
authorized official of Tol-O-Matic, Inc.. Order
cancellations, including reductions to order
quantities, and changes shall be governed by the
following: Any order scheduled for shipment
within five (5) working days of purchaser’s
request to cancel or modify will be shipped as
previously acknowledged and purchaser agrees to
accept shipment and payment responsibility, in
full, at the price agreed upon. 3. PRICES. All
published prices and discounts are subject to
change without notice. In the event of a price
change, the price of product(s) on order will be
the price in effect on the date of order
acknowledgment. Any addition to an outstanding
order will be accepted at prices in effect when
the addition is made. 4. TAXES. Any
Manufacturer’s Tax, Retailers Occupation Tax, Use
Tax, Sales Tax, Excise Tax, Duty, Customer,
Inspection or Testing Fee, or any other tax, fee
or charge of any nature whatsoever, imposed by
any government authority, on or measured by
any transactions between Tol-O-Matic, Inc. and
Purchaser shall be paid by the Purchaser in
addition to the prices quoted or involved. In
the event Tol-O- Matic, Inc. shall be required to
pay any such tax, fee or charge, Purchaser shall
reimburse therefore. 5. TERMS OF PAYMENT. Net
invoice amount is payable by Purchaser’s credit
card. All clerical errors are subject to
correction. 6. F.O.B. POINT. All sales are F.O.B.
Tol-O-Matic, Inc.’s facility in Hamel, Minnesota,
unless quoted otherwise 7. DELIVERY.
Delivery of product(s) by Tol-O- Matic, Inc. to a
carrier shall constitute delivery to Purchaser,
and regardless of freight payment, title and all
risk or loss or damage in transit shall pass to
Purchaser at that time. Tol-O-Matic, Inc. cannot
be held responsible for breakage after having
received “In Good Order” receipts from the
transporting carrier. All claims for loss and
damage must be made by Purchaser to the carrier
within 14 days from receipt of goods. Tol-O-
Matic, Inc. will assist insofar as practical in
securing satisfactory adjustment of such claims
wherever possible. Claims for shortages, or
other errors must be made, in writing, within ten
(10) days to Tol-O-Matic, Inc. and any additional
expenses of the method or route of shipment
specified by Purchaser shall be borne by the
Purchaser. 8. SHIPPING SCHEDULES. All quoted
shipping schedules are approximate and will
depend upon prompt receipt from Purchaser of
confirming copy of Purchaser Order. Orders which
include penalty clauses for failure to meet
shipping schedules will not be acceptable, except
in those cases specifically approved by the
General Manager or Tol-O-Matic, Inc.. Tol-O-
Matic, Inc. shall not be liable for damage as a
result of any delay due to any cause beyond Tol-O-
Matic Inc.’s reasonable control, including,
without limitation, an Act of Nature; act of
Purchaser; embargo, or other government act,
regulation or request; fire; accident; strike;
slow down; war; riot; flood; delay in
transportation; and inability to obtain necessary
labor, materials or manufacturing facilities. In
the event of any such delay, the date of delivery
shall be extended for a period equal to the time
loss by reason of the delay. The acceptance of
the product when delivered shall constitute a
waiver of all claims for damages caused by any
such delays. 9. RETURN OF PRODUCT. No product may
be returned without first obtaining a Return
Goods Authorization form and confirming
memorandum from Tol-O-Matic, Inc.. Product, if
accepted for credit, shall be subject to a
minimum service charge of 35% of the invoice
price and all transportation charges shall be
prepaid by the Purchaser. 10. WARRANTY. Tol-O-
Matic, Inc., WARRANTS PRODUCT MANUFACTURED BY IT
TO BE FREE FROM DEFECTS IN MATERIAL AND
WORKMANSHIP FOR A PERIOD OF ONE YEAR FROM DATE OF
SHIPMENT BY Tol-O- Matic Inc.. IF WITHIN SUCH
PERIOD ANY SUCH PRODUCT SHALL BE PROVED TO Tol-O-
Matic, Inc.’s SATISFACTION TO BE SO DEFECTIVE,
SUCH PRODUCT SHALL EITHER BE REPAIRED OR REPLACED
AT Tol-O-Matic, Inc.’s OPTION. THIS WARRANTY
SHALL NOT APPLY: A: TO PRODUCT NOT MANUFACTURED
BY Tol-O-Matic, Inc. WITH RESPECT TO PRODUCT NOT
MANUFACTURED BY Tol-O- Matic, Inc.. THE WARRANTY
OBLIGATIONS OF Tol-O-Matic, Inc. SHALL IN ALL
RESPECTS CONFORM AND BE LIMITED TO THE WARRANTY
ACTUALLY EXTENDED TO Tol-O-Matic, Inc. BY ITS
SUPPLIER. B: TO PRODUCT WHICH SHALL HAVE BEEN
REPAIRED OR ALTERED BY PARTIES OTHER THAN Tol-O-
Matic, Inc. SO AS, IN Tol-O-Matic, Inc.’s
JUDGMENT, TO AFFECT THE SAME ADVERSEL, OR C: TO
PRODUCT WHICH SHALL HAVE SUBJECT TO NEGLIGENCE,
ACCIDENT, OR DAMAGE BY CIRCUMSTANCES BEYOND THE
CONTROL OF Tol-O- Matic, Inc. OR TO IMPROPER
MAINTENANCE OR STORAGE, OR TO OTHER THAN NORMAL
USE AND SERVICE. THE FOREGOING WARRANTIES ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND
IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, Tol-O-
Matic, Inc. SHALL NOT BE SUBJECT TO ANY OTHER
OBLIGATIONS OR LIABILITIES WHATSOEVER WITH RESPECT
TO PRODUCT MANUFACTURED OR SUPPLIED BY Tol-O-
Matic, Inc. OR SERVICE RENDERED BY IT. 11.
CONSEQUENTIAL DAMAGE. Tol-O-Matic, Inc., shall
not, under any circumstances be liable for
consequential damages. 12. SERVICE CHARGES.
Should the Purchaser request the service of any
erector, demonstrator or service man (except as
specifically provided for and included in the
price of the product) such service will be
rendered at the rate outlined in the schedule of
field service charges in effect at the date of
request.
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