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Industrial Test Systems, Inc. ("ITS, Inc."), and shall not be altered, supplemented, amended, modified, revised, superseded, or limited in any way, without the prior written consent of ITS, Inc. Any inconsistent, different and/or additional terms and conditions provided or proposed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.
FILLING YOUR 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 (Freight on Board) from our dock. On release by ITS to a carrier (for example, UPS, FedEX, USPS or other freight carrier), title and liability for shipment damage pass to the 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 carrier and start the process to file a claim. Damage not noted is considered a delivery free and clear by the carrier.
- Concealed damage: There may be a 15-calendar day claim period for reporting any concealed damage to the carrier. Freight should be inspected at time of delivery to include any suspected damages. Contact the carrier and start the process to file a claim.
- Shortages: All shortages should be reported to the carrier and ITS 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 is not liable for shipment damage, and will not accept the return of any such product. Proceed with a claim for shipment damage against the carrier. Other returns will be handled by ITS as set forth below.
- 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.
STATE AND LOCAL SALES TAXES
In accordance with applicable state and local laws, we are required to charge sales tax in South Carolina, where Industrial Test Systems, Inc. (ITS) has operations. ITS does not benefit from the collection of sales tax and we remit all taxes collected directly to the appropriate taxing jurisdiction.
As a general rule, it is the laws of the state of delivery that determine whether sales tax will be due on your transaction. Taxes that appear in your online order confirmation are estimated. The actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped.
The terms contained herein are subject to change as the taxation of online transactions is continually evolving. ITS strives to comply with state and local tax laws as they exist currently and continues to monitor and update its taxation policies as those laws change.
STATES WHERE ITS COLLECTS SALES TAXES
Orders shipped to SC will have all applicable state and local sales tax added to your total order, and to related shipping and handling charges where appropriate.
JURISDICTIONS WHERE ITS DOES NOT COLLECT SALES TAXES ITS does not collect sales or use tax in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year, reporting all of the taxable purchases that were not taxed, and to pay the tax on those purchases. You may have a tax obligation in states where ITS does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing jurisdictions.
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.
DISPUTE RESOLUTION (BINDING ARBITRATON)
YOU AND ITS AGREE TO TRY TO RESOLVE ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OF SALE, OR TO THE SCOPE OR VALIDITY OF THIS PROVISION, WITHOUT RESORTING TO BINDING ARBITRATION OR A COURT OF LAW, BUT IF WITHIN 45 DAYS OF NOTICE OF SUCH A DISPUTE BEING RECEIVED BY YOU OR ITS, THE DISPUTE HAS NOT BEEN RESOLVED, YOU AND ITS AGREE THAT 1)THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA’S CONSUMER OR COMMERCIAL ARBITRATION RULES (AS APPROPRIATE), 2) EXCEPT WITH RESPECT TO APPLICABLE FEDERAL LAW, AND WITHOUT REGARD TO CHOICE OF LAW PROVISIONS OR CONFLICT OF LAW RULES, THE LAWS OF THE STATE OF SOUTH CAROLINA SHALL EXCLUSIVELY CONTROL, 3) THE ARBITRATION SHALL BE HELD IN COLUMBIA, SOUTH CAROLINA, 4) THERE SHALL BE ONE ARBITRATOR, 5) THE DECISION SHALL BE FINAL, BINDING, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, AND 6) EACH PARTY SHALL BEAR ITS OWN COSTS. YOU AND ITS UNDERSTAND THAT BY AGREEING TO THIS PROVISION, EACH OF YOU IS GIVING UP THE RIGHT TO TRIAL BY JURY.
YOU AND ITS FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE OR MULTIPLE‐PARTY BASIS, AND THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING BETWEEN ITS AND ANY OTHER PERSON.
Should the foregoing binding arbitration provision or any other provision of these Terms and Conditions be declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions shall be enforceable. In the case of severance of the binding arbitration, you and ITS agree, without regard to choice of law provisions or conflict of law rules, that the dispute shall be resolved in the state or federal courts located in Columbia, South Carolina, and you and ITS agree to jurisdiction and venue in Columbia, South Carolina.
To the extent that a court of law is necessary to enforce an arbitration decision, you and ITS agree, without regard to choice of law provisions or conflict of law rules, that jurisdiction and venue shall be in the state or federal courts located in the Columbia, South Carolina, unless necessary for enforcement against you in another court of competent jurisdiction.