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ITS, Inc. TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale shall govern all sales transactions that involve Industrial Test Systems, Inc. ("ITS, Inc."), and shall not be altered, supplemented, amended, modified, revised, superseded, or limited in any way, without the prior written consent of ITS, Inc. Any inconsistent, different and/or additional terms and conditions provided or proposed by Purchaser, in any form, shall be deemed to be a modification of these Terms and Conditions of Sale and shall be of no force or effect and shall not be binding on ITS, Inc.
- Credit card: We accept Visa, MasterCard, Discover, and American Express. Purchasers bear all costs associated with a disputed credit card charge which results in action from ITS' merchant account provider, otherwise known as "chargebacks".
- COD: A fee of up to $15.00 will apply to your order (may not be available for all customers).
- Check: A Proforma invoice is issued, which includes shipping & handling, to send us a check by mail/carrier. If you include your shipping account number, freight will be billed collect.
- Wire Transfers/ACH: A Proforma invoice is issued, which includes shipping & handling. Wire transfers/ACH are sent through our Bank Account Number and Routing number. Wire transfers incur a $50 Fee while the ACH is Free.
- Credit terms:
- International Customers (outside USA): Not available for international customers.
- Domestic Customers: Not available on the first order for new customers. Initial order must be paid by the methods listed above. You may apply for NET 30 terms after initial order by filling out our Credit Reference Form. Note: Net30 terms means each invoice must be paid in full 30 days from the date of invoice. ITS, Inc. may upon dissatisfaction with Purchaser's creditworthiness or upon late payment or any other default by Purchaser, decline to make delivery except for pre-payment by cash, regardless of the size of the order.
- Minimum order:Our minimum order for all products is $200. This does not apply to sensafe.com orders, first time orders, evaluation orders, or orders for Full Arsenic/Well Driller kits/meter kits. A handling charge of $20.00 will be applicable for subsequent orders that do not meet the minimum order. End users can avoid this charge by placing orders through the ITS, Inc. website, www.sensafe.com. Pool Check® products can only be purchased in cases of 12 units.
- Pricing: All pricing provided by ITS, Inc. is valid for 30 days and otherwise subject to change without notice. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on the ITS, Inc. website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. In addition to the purchase price, Customers shall pay all freight charges, duties, governmental taxes, VAT, and other charges on all shipments that otherwise ITS, Inc. may be required to pay.
- Expediting: Products that are in stock can be shipped within 24 hours for a $20.00 rush fee. To be able to send a product same day, we have to receive your order before 12:00 PM EST. If received after 12:00PM EST, we will ship it the next day.
- Drop shipping: Orders can be drop shipped—shipping to a location other than your standard bill-to or ship-to address— for a $10.00 fee.
- Lead time: All in-stock standard products are shipped within 5 business days. Lead times for products not in stock, orders of 10 or more cases, and private label orders will be quoted on a per-order basis. Terms Customers: Lead time starts when we receive your order. Credit card: Lead time starts when we receive you credit card information. Wire transfer/ACH: Lead time starts when we receive your wire transfer in our bank account. Check: Lead time starts when your check clears our bank account.
- Courier: All products are shipped FOB from our dock via UPS, Fed Ex, USPS, or freight carrier unless shipping account is provided by customer. Signature required on all orders greater than $50.
- Visual damage: Note on the Bill of Lading (B.O.L.) the damage and the extent of damage. Contact the freight company and start the process to file a claim. Damage not noted is considered a delivery free and clear by the freight company.
- Concealed damage: There is a 15-calendar day claim period for any concealed damage. Freight should be inspected at time of delivery to include any suspected damages. Contact the freight company and start the process to file a claim.
- Shortages: All shortages should be reported within 5 days of receipt. If shortages are known at time of receipt, this must be indicated on the B.O.L.
- Partials: Partial shipments must be authorized by customer in writing prior to initial shipment.
- ITS, Inc. will gladly replace any defective merchandise and cover all shipping costs. Please notify us immediately to make arrangements. Errors must be reported within 5 days after receipt of product.
- Product returns will only be accepted upon prior written approval from ITS, Inc. Each request for return will be considered on a case by case basis.
- Product may be returned for credit less shipping charges and a 20% restocking fee within 30 days from the date of shipment. Product must be in original container and in undamaged condition. No cash or check refunds, only credit towards future orders. Custom or private labeled product is not returnable.
- All returns must be in writing and require an authorization from ITS, Inc. Product will be shipped with Returned Materials Authorization (RMA) Form to ITS, Inc. freight pre-paid within 20 days of the authorization. Return will not be accepted after 20 days or if freight is not prepaid.
- Industrial Test Systems, Inc. reserves the right to make a final determination regarding all returns.
WARRANTY, SHELF-LIFE, & LIMITATION OF LIABILITY
ITS, Inc.’s sole and exclusive warranty is that its products are free of defects in materials and workmanship for 2 (two) years from date of shipment, except as follows. Those products having shelf-lives shorter than two years are warranted through the expiration dates printed on the merchandise. This warranty does not apply to merchandise improperly stored or improperly handled by a party other than ITS, Inc. ITS, Inc.’s WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND ITS, INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The liability of ITS, Inc. and a Purchaser’s remedies arising out of or connected with the sale, use, or anticipated use of any ITS, Inc. product, shall not exceed the purchase price of the product. This limitation of liability applies with respect to loss of anticipated profit, and to any other economic loss whatsoever, and to damages of any nature, including indirect, special and consequential damages. In the case of any defective product, the liability of ITS, Inc. and a Purchaser’s remedies are solely and exclusively limited to replacement of any defective product that is returned by Purchaser or to refund of the purchase price. ITS, Inc.’s recommendations or instructions as to handling, use, or disposal of any product, including its use alone or in combination with other products, are based upon information believed to be reliable, and ITS, Inc. shall have no liability with respect thereto.
Without ITS, Inc’s prior written authorization, Purchaser shall not repackage, relabel or modify any ITS, Inc. product, and shall not alter, remove or modify any warnings, labels, specifications, instructions for use, lot numbers or any other means of identification on an ITS, Inc. product. Moreover, Purchaser shall not attempt to reverse engineer proprietary technology embodied in any product of ITS, Inc.
No ownership rights in the trademarks and trade name of ITS, Inc., or the goodwill associated therewith, shall accrue to Purchaser by reason of marketing any ITS, Inc. product. Furthermore, the benefits of any and all marketing usage by Purchaser of ITS, Inc.’s trade name and trademarks shall inure to the sole benefit of ITS, Inc.
Absent a written agreement to the contrary, ITS, Inc., retains the right to, without further notice, terminate any buy/sell relationship or refuse to sell any product of ITS, Inc. to any Purchaser.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to conflict of law rules, and any disputes arising hereunder shall be resolved in South Carolina courts of competent jurisdiction. If any provision hereof shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.