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Conditions of sale

TERMS OF SALE
 

These are the terms of sale between DECO Tool Supply Company (“Seller”) and the entity that is purchasing goods from Seller (“Buyer”). “Buyer” agrees
that these terms of sale are applicable to the transactions between “Buyer” and “Seller”, and agrees to contract with “Seller” pursuant to these terms.


ACCEPTANCE OF TERMS OF SALE
No conditions stated by “Buyer” in its offer or acceptance shall be binding on “Seller” if in conflict with, inconsistent with, or in addition to, “Seller" terms.
Credit is conditional upon determination by “Seller” each time an order is received. By use of our website you agree to our Legal and Privacy Policies. You
certify, represent, and warrant that all purchases made by employees/agents of your organization utilizing your account number are authorized purchases
of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account
number, user names, and passwords associated with purchasing from “Seller”. Furthermore, you expressly agree that all liability relating to password
management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall “Seller” be liable for any
damages that result from the use of our website. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from
“Seller”. Orders are accepted on the basis of terms of sale in effect at the time the order is received and approved by the "Seller” at "Seller’s" Main Offices.
Acceptance of any products delivered hereunder by "Seller” or any of its Affiliates or Assignees shall constitute “Buyer’s” agreement to said Terms of Sale
as set forth herein or found on our website.


BACKORDERS
If merchandise is not in stock, it will be placed on backorder for 90 days. Unless we have customer authorization to hold merchandise on backorder longer
than 90 days, it will automatically be cancelled and you will be notified.


CLAIMS
All claims MUST be made within 5 days of receipt. To expedite service please refer to our shipper or invoice number. Damages incu rred in commercial
shipments must be claimed through the common carrier.


COMMERCIAL CREDIT ACCOUNT TERMS
Unless otherwise agreed to in writing, upon approved credit, standard terms of payment shall be 30 Days Net. A 1 -1/2% monthly service charge may be
added on invoices not paid when due. Returned checks and electronic payments are subject to $15.00 charge. If “Buyer” fails to fulfill these terms or if
"Seller” at any time has any doubt as to “Buyer's” financial responsibility, "Seller” may demand immediate full payment and decline to make further
deliveries. Any indebtedness owing from “Buyer” to "Seller”' can be set off and applied by "Seller” and associated companies on any indebtedness at any
time from time to time either before or after maturity or demand. “Buyer”/applicant agrees to pay any collection cost incurred to collect delinquent amounts,
including attorney's fees.


CREDIT BALANCE
“Buyer” agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit
balance remaining will be subject to cancellation, and "Seller” shall have no further liability.


DAMAGED. LOST or SHORT SHIPMENTS
UPS and Fedex: Notify your local respective carrier’s office immediately. Advise us so we can reship the merchandise and place a claim. Keep damaged
goods and containers for carrier inspection. Truck Shipments: Shippers are not responsible for merchandise damaged or lost by motor freight carriers. If
your shipment is damaged or short, have it noted by the carrier on the delivery receipt. Without this proper notation, you accept it at your own risk.


DELIVERY and FREIGHT
USA Shipments: Unless otherwise stated, “Buyer” will be responsible for any freight cost associated with the delivery of prod uct to its destination and will
be pre-paid and added to Buyer’s invoice. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of
“Buyer”. All shipments will be FCA our Warehouse, the Factory (as noted in the catalog), or the Vendor for items that are drop shipped. All truck shipments
will ship via common carrier of Seller’s choice pre-paid and added to Buyer’s invoice unless otherwise specified at time of order. Shipment and delivery
dates are estimates only, and are not guaranteed. Canadian Shipments: All orders are duty paid, customs cleared, and shipped pre-paid via carrier of
Seller’s choice. Machinery and large shipments over 150 lbs. are subject to LTL standards. We are restricted from shipping certain hazardous items into
Canada. Hazardous items are identified as HAZ02 through HAZ64 in the item’s description. HAZ57 items are not regulated and only require special
packaging. Therefore, items identified as HAZ57 are the only hazardous items allowed to be shipped into Canada. Other restrictions may apply. We
reserve the right to select carriers as necessary. We shall not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use
of the goods after or during such delivery.


DISCLAIMER OF WARRANTIES
As the “Seller” we make no warranties, expressed or implied, of performance, merchantability, workmanship, fitness, quality, durability or suitability of the
merchandise in any respect including its fitness for the purpose and uses of the “Buyer”. The only warranties applying to materials sold are those
specifically provided by the manufacturer. “Seller” further makes no express warranties or implied warranties of merchantability of fitness with respect to
any changes, alterations or modifications made at the request or instruction of the purchaser. The obligations of “Seller” are limited to repair or
replacement of defective parts or, at its sole option, to the refund of the purchase price. “Seller” is not liable for incidental or consequential damages. This
warranty is in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. In no
event shall “Seller” be liable for any special, incidental or consequential damages (including, but not limited to, lost profits).


INDENMITY
The “Buyer” shall defend and indemnify "Seller”', as a result of “Buyer’s” negligence, from and against any and all loss of or damage to the merchandi se,
usual wear and tear excepted; any claim, cause of action, damages, liability, cost or expenses (including attorney's fees) which may arise or be incurred in
any manner in favor of any person relating to the merchandise or any part of the merchandise, including by way of example but not of limitation, claims
arising out of or incident to the construction, purchase, delivery, installation, ownership, leasing, sale, or return of the merchandise or as a result of its use,
maintenance, repair, operation or condition thereof, whether or not any claimed defects in such merchandise or latent or are discoverable; and any claim,
cause of action, cost, or expense arising for alleged patent infringement of, for, or as a result of claims for alleged strict liability in tort. The obligations of
“Buyer” herein contained shall survive the expiration of the Agreement as to any loss, damages, claims, causes of action, liabilities, costs, or expenses.


INSPECTIONS
Any inspection of goods agreed to by the parties will be made at “Seller’s” location, Manufacturer's plant, or other source of supply and must be made
before shipment. Any goods not rejected by “Buyer” before shipment will be deemed accepted.


TERMS OF SALE - (Continued)
INVENTORY
We do our best to maintain in stock full and complete inventories of all regular lines. Close-out items may be depleted and will be replaced with other
merchandise, all subject to prior sale.


LIMITATION OF DAMAGES
“Seller’s” aggregate liability for any and all claims arising under these terms of sale shall not exceed the total amount paid for the specific goods related to
the claim against “Seller”.


LIMITATION OF LIABILITY
In no event shall “Seller” be liable for loss of profits, indirect, special, or consequential damages arising out of any breach of this agreement or obl igations
under this agreement, nor shall “Seller” be liable for any damages caused by delay in delivery, installation or furnishing of the merchandise or services of
any manufacturer of the merchandise or otherwise.


MACHINERY WARRANTY
“Seller” warranties all new American made machinery against manufacturer’s defects and workmanship for one (1) year (parts and labor included). All
foreign made machinery is warranted for ninety (90) days (parts and labor included). Electrics on all machines are warranted by the manufacturer. Should
a phase converter be used in conjunction with a machine, the warranty shall not apply to the electrical components and operation of the machine. The
customer is responsible for supplying adequate power to the machine. “Seller” will replace, free of charge, all parts found to be defective and subject to
warranty (this does not include normal wear and tear). Any changes, alterations, modifications, unauthorized repairs or misuse to machines automatically
voids this warranty. In no event shall “Seller” be liable for any special, incidental or consequential damages (including but not limited to lost profits).


NOTICE TO SUBSEQUENT PURCHASER OR REPACKER
For imported articles, the requirements of 19 U.S.C. 1304 and 19 CFR part 134 provide that the articles or their containers m ust be marked in a
conspicuous place as legibly, indelibly, and permanently as the nature of the article or container will permit, to indicate to an ultimate purchaser in the
United States the English name of the country of origin of the article.


OSHA
Safety Data Sheets (SDS) for OSHA defined hazardous substances are available by contacting ““Seller””, 415 W 76th Street, Davenport, IA 52806. SDS
information can also be found within any product information page on our website. Any product that has an SDS sheet will have a link to its individual sheet
for download. The information and recommendations contained on the SDS supplied by the manufacturer is considered to be accurate and reliable.
“Seller”, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. “Seller”
disclaims any and all liability to any user thereof.


PRICES
USA: All prices are in US dollars. All prices are subject to change without notice. Typographical or similar errors are subject to correction.


PROMOTIONAL AND ADVERTISING MATERIAL
Customer authorizes "Seller", its affiliates or representatives, to send e-mails or faxes, of any kind, including but not limited to correspondence, promotional
and advertising material, to "Buyer'' or its affiliates.


QUOTATIONS
Unless otherwise noted, quotations are valid for 30 days.


RESPONSIBILITY
The value of a defective product or material sent in error is our only liability. All technical data has been supplied by the manufacturer and is listed only as a
convenience. All specifications are subject to change without notice. Photos shown in any of our advertising material, catalog and website are general
representations of the various items and may include optional equipment. We do not warrant or represent that the merchandise complies with the
provisions of any law, particularly including the Walsh-Healy Public Contracts Act and the Occupational Safety and Health Act of 1970, and regulations
promulgated thereunder, unless the manufacturer so warrants.


RETURNS
Unless we have erred, returns must be prepaid. No merchandise will be accepted for return which is made up special or which has been held for over 30
days. We reserve the right to determine if the purchaser has abused the item in question. If it cannot be returned to stock, credit will not be given. Returns
not accompanied by a copy of shipper, invoice, or invoice number may not be accepted or subject to restocking charge. Returns due to customer error
must be prepaid and are subject to restocking charge. Any claims for discrepancies in shipment must be made within 5 days of receipt of merchandise.
Items that cannot be returned via UPS: Call for instructions, or email customerservice@decotool.com