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Terms of Use, Terms of Sale, Shipping Information and Warranties for all Purchases
TEK Products wants you to enjoy your shopping experience and we stand behind the quality of our products and services. Please contact us if you need assistance or are dissatisfied with any of our limited warranty products.
Terms and Conditions of Use
Your access and use of the TEK Products World Wide Web site (the Site ) is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept and agree, without limitation or qualification, the Terms and Conditions of Use and acknowledge that to the extent any other agreement between you and TEK Products conflicts with the terms of this Agreement, such agreement is superseded and of no force or effect.
Intellectual Property
All material included on this site, such as text, graphics, logos, button icons, images, audio clips, and software (Material ), is the property of TEK Products or its content suppliers and protected by U.S. and international copyright and trademark laws. All material on this Site is the exclusive property of TEK Products, and protected by U.S. and international copyright laws. All software and/or automated databases used on this Site are the property of TEK Products or its software suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
Limited Liability
TEK Products is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or incomplete, garbled or delayed computer transmissions. Under no circumstances will TEK Products or its suppliers be liable for any damage or injury that results from the use or reliance of the materials or information contained on this Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you.
While the material contained in the www.tekproducts.com website has been checked for accuracy, and with the understanding that such materials do not infringe on any copyrights or other legal rights, all material is provided without any express or implied warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Neither TEK Products nor its affiliates assume responsibility for any errors or omissions in the material. In no event shall TEK Products or its affiliates be liable for any special, indirect or consequential damages resulting from any use or performance of or content errors or omissions in the material, even if notified in advance of the potential for such damages. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws, and such access and use is at the user's own risk. TEK Products may provide links to other sites that are not maintained by TEK Products. TEK Products does not endorse those sites and is not responsible for the content of such other sites.
Applicable Law
These terms and conditions are governed and interpreted pursuant to the laws of the State of TEK Products, Minnesota, United States of America, notwithstanding any principals of conflicts of law. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. TEK Products can revise these terms and conditions at any time without prior notice by updating this posting.
Prices:
TEK updates web pricing frequently, however errors and omissions can occur infrequently. You will be invoiced at the prices prevailing when the order is received. TEK will notify you of any significant price changes to your order and customer has the right to cancel at that time.
Volume Discounts and Quotations:
Hundred's of TEK Products' items are already discounted from Manufacturer's List Prices or offer a pre-existing discount for volume purchases. Pricing on large quantities or items not found on our web-site is available upon request. Please "Request a Quote" from our Contact Us site on the Home Page.
Payment Options:
TEK offers the following payment methods:
For United States customers: We offer check, money order, MasterCard, VISA, American Express, C.O.D. as well as open account credit to qualified institutions and businesses. A credit application is available in the Contact Us section of our web-site.
For Canadian customers: We offer all of the above options except C.O.D. All payments must be in US $.
For Other International customers: We offer MasterCard, VISA, American Express, prepaid by wire transfer or cashier's check in US funds. No personal or certified personal checks accepted. Money orders can result in significant delays. Use of letters of credit must be pre-approved by TEK's accounting department.
Payment Terms:
For purchasers with established credit, terms are 1% Ten Days, NET 30 days from date of invoice. All payment must be in USD$.
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Shipping and Delivery:
Standard Shipping:
Most orders received before 3:00 CST ship will ship same day via UPS or Spee-Dee ground service. TEK uses a variety of commercial freight carriers for larger shipments. TEK can accommodate most shipping requests by contacting us at 1-800-783-4944, or locally at 952-933-4444. TEK reserves the right to designate a carrier unless specifically instructed otherwise.
Air Freight Shipping:
TEK can expedite your order via UPS, FedEx, AirborneExpress or other applicable carrier. Air or rush shipments must be prepaid or will be freight collect or require your shipper number for a specific carrier to process your order. Please enter your account information or carrier information into the shipping instructions on the "shipping information" page found during the checkout process. TEK can ship next day, 2nd day, or 3rd day air. We can also ship for Saturday delivery. FedEx cut off is 12:30 CST. 11:30 CST for international shipments. UPS is 3:00 CST for all air shipments. Shipping and handling charges are NON-REFUNDABLE.
Shipping/Freight Policy:
Orders shipped via commercial freight carriers are FOB Long Lake, MN 55356, freight is pre-paid and added to the invoice. Orders over 60 lbs or very bulky may require multiple parcels. Additional handling fees apply to parcels 36" or longer, and items over 48" may need to be delivered via common carrier. All title and risk of loss pass to customer upon delivery to freight carrier. Canadian and Int'l Customers: Same as above and: Shipping terms are Free Carrier (Incoterms 1990), Long Lake, MN, USA using local shipping point and routing of TEK's choice. Purchaser shall be responsible for purchasing insurance. AT TEK's option, freight policy for certain export orders may be subject to special terms and conditions. Title and risk of loss shall pass to Purchaser on delivery to the carrier in the USA. If the product is damaged in transit, Purchaser acknowledges that is has no recourse against TEK Products. Purchaser shall bear any additional expenses required to satisfy special packaging and/or documentation requirements needed to satisfy Purchaser's order. All shipments hereunder are subject to compliance with the Export Administration Act, as amended, and all other U.S. laws and regulations concerning exports. Purchaser agrees to comply with all such laws and regulations concerning the use of the gods or services provided hereunder.
Hazardous Items and Chemicals:
Products considered hazardous for shipping will require special packaging, handling, and additional shipping charges to comply with applicable State and Federal DOT charges. By customer request, TEK will notify you of the additional charges. Simply provide us your contact information on the "shipping information" page during the check out procedure. TEK will not ship chemicals or any hazardous products to home addresses. Canadian and Int'l Customers: TEK will not ship any hazardous items to a destination outside of the USA and its Territories.
Damage, Loss or Shortage Claims:
Please inspect your TEK Products shipments for external damage, and accept it only after the driver has noted the damage on all the shipping documents. Claims for damaged merchandise should be made to shipper. Please retain all containers/packaging for shipment back to TEK. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within 15 days of delivery or you will lose your right to make a claim. You can call us within 24 hours of the shipment arrival and we will assist you. Canadian and Int'l Customers: See Shipping/Freight Policy above. TEK will try to assist you; but is limited in the role we can play.
Returns:
Please visit our Contact Us
section on our Home Page to review our Return Policy
or request a return.
Handling Charges and Hazardous/DOT Charges.:
A $5.00 handling charge applies to all orders less than $25.00. The fee will be waived on orders of $25.00 or more. See Shipping Section Hazardous Items and Chemicals
section for Hazard and DOT charges explanation.
Transfer of Ownership:
Title to merchandise passes to the purchaser upon delivery to freight carrier. Claims for damaged merchandise should be made to shipper.
Internet and Catalog Changes:
Every effort was made to ensure the accuracy of information in our catalog and on our web-site. However errors and omissions do occur and TEK will not be held liable for them. All specifications are subject to change by our vendors. Please call us for up-to-date information/specifications or consult your TEK Products representative.
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Order Acceptance:
TEK Products reserves the right to accept or reject any order. Possession of a catalog by a customer doesn't constitute an offer to sell. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the State of Minnesota.
Order Cancellations and Add-Ons:
You may not cancel any order or amend any order without TEK's consent.
Sales Taxes:
TEK Products is required to charge state and local tax on items sold to purchasers in California, Florida, Iowa, Kansas, Minnesota, North Dakota, South Dakota, and Wisconsin. A sales tax exemption certificate must be on file at TEK for exempted items. Please note sales tax exempted items on your order. Please fax your Tax Exempt Certificate to TEK at 952-933-4448 Attn: S. Bailey, or use our Multijurisdiction Tax Form.
Commodity Taxes: Canadian and Int'l Purchasers
Prices for items purchased from TEK Products do not include applicable excise taxes, customs' duties, sales and use taxes, value-added (including the Goods and Services Tax and the Harmonized Sales Tax or any success or tax), manufacturer's tax, occupation tax, use tax, import tax, provincial tax, parish tax, duty, fee or charge of any nature whatsoever imposed by a governmental authority on the transaction between TEK Products and the Purchaser, shall be paid by the Purchaser in addition to the prices quoted or invoiced. When required by law, TEK Products will collect such taxes from the Purchaser and remit same to the appropriate government authority. Where applicable Purchaser must inform TEK of the tax-exempt status of any particular item or order, and provide TEK Products with the necessary detail or proof of tax-exempt status at the time the order is made by Purchaser. All orders are presumed to be taxable.
Country Of Importation:
Purchaser represents that it is purchasing products from the USA and importing them into a foreign country. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and there will be no re-export or diversion from such specified destination. If requested by TEK Products, Purchaser shall provide documentation satisfactory to TEK Products verifying delivery at the designated destination.
Credit Balances:
Customer agrees that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WIL BE SUBJECT TO CANCELLATION, AND TEK PRODUCTS SHALL HAVE NO FURTHER LIABILITY.
OSHA HAZARDOUS SUBSTANCE PRODUCT INFORMATION:
For your convenience, Material Safety Data Sheets (MSDS)
are enclosed with all orders that require an MSDS
under the Hazard Communications Standard (1910.1200). TEK also provides a library of MSDS sheets for your convenience.
The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. TEK Products, Inc, makes no warranty with respect to accuracy or reliability of the information or the suitability of the recommendations. TEK Products disclaims any and all liability to any user thereof.
Limited Warranty: Canadian and Int'l Customers
TEK warrants products supplied hereunder to be free of defects in materials and workmanship for a period of 90 days from date of shipment. If you are dissatisfied with any of our products or services please let us know. TEK's warranty obligations shall be limited to repair or replacement of defective merchandise at TEK Products' option, and this remedy is Purchaser's exclusive remedy. TEK Products liability shall in no event exceed the contract price. All items must be delivered to TEK, duty paid.
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WARRANTY DISCLAIMER:
EXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TEK PRODUCTS SHALL NOT BE SUBJECT TO AND DISCLAIMS:
- ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT Of A BREACH OF CONTRACT OR A WARRANTY.
- ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY TEK PRODUCTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
- ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
TEK PRODUCTS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
TEK Products makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
MANUFACTURER'S WARRANTIES AND SALES LITERATURE
Most of the products supplied to TEK Products are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, TEK Products will obtain copies of consumer warranties from the manufacturer (warrantor) and will furnish them free of charge to customers who request them. Address such requests to: TEK Products, PO Box 547 Long Lake, MN 55356-0547 USA. Requests must include the TEK Products' order number and the manufacturer's model number for each product you desire a warranty for.
GOVERNING LAW: LIMITATIONS
These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of rule laws, of the State of Minnesota, USA. Any legal action with respect to any transaction must be commenced within one year after the cause of the action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Minnesota, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
SECURITY INTEREST:
On any sales on open account, the Purchaser hereby grants TEK Prouducts, Inc, a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to TEK Products. Purchaser agrees to file any financing statements or other documentation with its governing authorities to assure the validity, priority and enforceability of the lien.
FORCE MAJEURE:
TEK Products shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, government decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain licenses, supplies or raw materials or any other circumstances or causes beyond the control of TEK Products in the conduct of our business.
MODIFICATION OF TERMS:
TEK Products acceptance of any order is subject to purchaser's assent to all of the terms and conditions of access and sale as set forth herein. Purchaser's assent to these terms and conditions shall be presumed by Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon TEK Products unless agree to by TEK Products in writing by an officer of the Company.
COMPLETE AGREEMENT:
The terms and conditions in TEK Products web site Terms of Use, Terms of Sale, Quotations, Invoices, Return Policies, Catalog Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and TEK Products.
Canadian and Int'l Customers- Same Terms of Use, Terms of Sale, Shipping Information and Warranty Information with any changes, additional requirements and exceptions to these policies noted here as well.
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