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.