Terms and Conditions of Sale
The terms and conditions stated herein (this “Agreement”) govern all sales of products or services (“products”) by TF Instruments, LLC (collectively, “we,” “us,” “our,” or “seller”) to you or the entity your present (“you” or “buyer”).
2. Prices: prices are subject to change without notice.
Prices are exclusive of taxes. Sales tax will be charged on product cost and shipping & handling where applicable and required by law. Any sales tax due that is not collected by the seller is the responsibility of the buyer.
3. Shipping: shipping or freight charges with insurance will be paid by the buyer.
4. Returns: Defective and return items must have a Return Material Authorization (RMA) number marked on the package prior to shipping. Refer to Return Policy for applicable fees.
5. Limited Warranty
Warranty: Seller's exclusive warranty is that the Products will materially conform to Seller’s then current published documentation for a period specified in the product descriptions.
The warranty shall not apply to any defect, failure, or damage arising from or in connection with: (i) improper use, improper voltage supply or power surges, or improper or inadequate maintenance and care of electrical power source; (ii) modifications to or repairs of the products performed by any party other than seller; (iii) use of the products in an environment not meeting the operating specifications for the products; (iv) liquid spill or damage; (v) failure to properly transport, prepare, install and store the products; (vi) acts of God; or (vii) any normal wear and tear, cosmetic or normal environmental degradation.
Seller will at seller’s option and in seller’s sole discretion, repair, replace or refund any products that are returned under warranty, and Seller’s repair, replacement, or refunding of the price paid for a product under warranty shall be seller’s sole liability, and buyer’s sole remedy, for any breach of the warranty in this Section.
6. Limitation of Liabilities
Specific Limitations. IN NO EVENT WILL TF INSTRUMENTS ’S AGGREGATE LIABILITY FROM ANY USE OF AN ITEM PROVIDED HEREUNDER, INCLUDING FROM ANY WARRANTY, INDEMNITY, OR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT EXCEED THE TOTAL AMOUNT PAID TO TF INSTRUMENTS FOR THE PARTICULAR ITEM(S) AT ISSUE.
BUYER UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS CONTRACT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THIS CONTRACT WOULD BE SUBSTANTIALLY DIFFERENT.
This warranty applies to the original purchaser only and is not transferable.
This warranty does not cover damage incurred during shipment which is the responsibility of the freight shipping company. An insurance claim can be opened for shipment damage.
Buyer will bear the costs of de-installation, re-installation and transportation of the products to seller and back to buyer in connection with any warranty claims. Seller will bear the costs of returning the repaired product or sending replacement product to buyer if the product is found to be covered under warranty.
Any repair or replacement pursuant to this limited warranty for products manufactured and/or branded by seller shall be warranted against the same defects re-occurring in a period of 12 months from time of delivery of the repaired or replaced product, or until the expiration of the original product warranty, which ever shall be the latter.
This limited warranty and remedies are expressly conditioned upon: (i) buyer’s payment of the purchase price in full, (ii) buyer giving written notice of the defect, reasonably described, to seller within ten(10) days of the time when buyer discovers or ought to have discovered the defect, (iii) the storage, installation, operation, use, and maintenance of the products in compliance with product instructions, (iv) buyer providing seller with a reasonable opportunity to examine the products, and (v) the absence of any unauthorized modification or repair of the products, including without limitation the removal or alternation of any serial numbers or product identifications.
THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED.
7.Change In Specifications: Product specifications and descriptions may be changed at any time based on improvements or other reasons without any notice.
8. Errors And Omissions: The information on Seller’s website or in other documentation has been carefully checked and is believed to be accurate; however, no responsibility is assumed for clerical, typographical or proofreading errors or omissions.
9. Force Majeure: Seller shall not be liable for any delay or failure in delivery resulting from causes beyond its control, including earthquakes, fires, floods, strikes or other labor disputes, shortage of labor or materials, accidents to machinery, acts of sabotage, riots, delay in or lack of transportation or the requirements of any government authority.
10. Intellectual Property: The intellectual property embodied in the Products is the exclusive property of Seller and Buyer shall not attempt to duplicate it in any way without the written permission of Seller.