Domestic Selling Policy

Terms and Conditions / Prices / Freight / Loss, Damage or Delay / Payment / Change in Payment / Taxes / Returns / Claims / Cancellation / Limitation of Liability/ Minimum Orders  / International Orders


Terms and Conditions
Acceptance of any order or contract by Kmac/Tws acknowledgement or commencement of performance is expressly conditional on purchaser's assent to the terms and conditions below even though no reference may be made thereto at time of acceptance. Kmac/Tws expressly objects to any additional or different terms than those set forth herein. Unless otherwise modified in writing, the terms and conditions below apply and supersede all prior or contemporaneous representations, discussions, correspondence or agreements between the parties.  

Loss, Damage or Delay
Shipping dates are approximate and are based on prompt receipt of all necessary information and approvals from the purchaser. Kmac/Tws shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, acts of God, act of any governmental authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or due to any other cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be postponed by such length of time as may be reasonably necessary to compensate for the delay.

Failure to provide required information or cash in advance will delay order processing and shipment.

Change In Payment
If, in the judgment of Kmac/Tws, the financial condition of the purchaser at any time during the manufacturing period or at the time the product is ready for shipment, does not justify the terms of payment specified (other than payment in advance), Kmac/Tws may require full or partial payment in advance.

If shipments are delayed by the purchaser, payments shall become due from date when Kmac/Tws is prepared to make shipment. If manufacture is delayed by the purchaser, payment shall be made based on the contract price and percent of completion and purchaser shall reimburse Kmac/Tws for any additional costs resulting from such delay. Products held for the purchaser shall be at the risk and expense of the purchaser.

Taxes
The prices do not include any Federal, state or local property, license, privilege, sale, use, excise, gross receipts or other like taxes which may now or hereafter by applicable to, measured by or imposed upon or with respect to the transaction, the property, its sale, its value or its use, or any services performed in connection therewith. Purchaser agrees to pay or reimburse any such taxes Kmac/Tws is required to pay.

Returns
No returns will be accepted by Kmac/Tws without proper authorization. Authorization and shipping instructions for the return of any product must by obtained in writing from Kmac/Tws All returns are subject to a 20% restocking charge or $35.00/Line Item, whichever is greater. Product must be returned with complete identification in accordance with Kmac/Tws instructions or it will not be accepted. Products must be in marketable condition upon receipt by Kmac/Tws Purchaser will be charged for any outgoing and incoming transportation paid by Kmac/Tws Custom made-to-order items and non-standard items are non-returnable. In no event will Kmac/Tws be responsible for product returned without proper authorization.  No returns will be accepted after 30 days from the shipment date.

Claims
Claims for damage or shortage or any other reason must be made within 30 days from the date invoiced.

Cancellation
Any order may be canceled only on written notice. Cancellation charges will be charged to purchaser at the time of cancellation for all expenses incurred by Kmac/Tws.  Orders that are shipped and are cancelled in transit, the customer will be responsible for all shipping charges, including the return of the product.

Limitation of Liability
Kmac/Tws, its subcontractors and suppliers of any tier, shall not be liable in contract, in tort (including negligence or strict liability) or otherwise for damage or loss of other property or equipment, loss of profits or revenue, loss of use of equipment, cost of capital, cost of temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of the purchaser, or for any special, indirect, incidental, or consequential damages whatsoever. The remedies of purchaser and the liability of Kmac/Tws shall not exceed the price of the product or part on which such liability is based.

 

 

 

 

 

KMAC / TWS 616-406-0671  616-406-0682 Fax Email

Goods and services provided by K-mac/TWS Plastics (MI, USA).

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