Terms & Conditions

Standard Conditions of Sales Apply to Products Sold by Tool Service Corporation

General - In the event of a question or discrepancy - please notify Tool Service immediately!

Only the following conditions apply and shall be binding on the company, hereafter, referred to as TSC.  If the conditions stated herein are in any way unacceptable to you, please notify TSC at once, otherwise, the following conditions will become the only conditions applicable to this transaction. 

Customer agrees to inspect the articles supplied by TSC under this order and advise TSC of any defect before incorporating the articles supplied under this order into a tooling device, or using, or supplying others with the articles sold by TSC for use in any manufacturing process.

Any recommendations made by the company concerning users of or applications of the products sold hereunder are believed reliable but the company makes no warranty, express or implied, of results to be obtained.  The purchaser assumes all responsibility for loss or damage resulting from the handling or use of said products.

Warranty - TSC's liability shall be limited to defective work or materials, and shall be confined solely to replacement or repair of defective products sold by it.  We assume responsibility for only that portion of the work performed by us.  TSC shall not be liable for any warranty, either expressed or implied, other than set forth above, and shall not be liable for consequential or contingent damages in any event.  The warranties stated in this paragraph are exclusive and are in lieu of all other warranties (except of this), written or oral, statutory, expressed  or implied, including any warrant of merchantability or fitness for purpose.

Prices - Prices are those in effect at the time an order is accepted by this company, for the terms and prices agreed upon by written acceptance.  In the event of unreasonable delay by customer or supplier, price changes, quantity changes, changes in source of supply, or other unusual or unforseen circumstances, we reserve the right to bill at those prices in effect at the time of shipment.

Delivery Dates - No responsibility is assumed for delay in delivery or failure to manufacture due to causes beyond our reasonable control.

Variations - May be over or under the specified quantity, depending on the packaging and nature of the products ordered.  Unless specifically stated and agreed upon, we may be over or under the quantity specified by not more then 10% on units of less than 50 and 5% on units more than 50.

Freight - When freight is to be allowed and prepaid, the seller reserves the right to determine whether the shipment will be made by rail freight, truck freight, parcel post, UPS, or any other comparable method.  If the purchaser specifies transportation, the purchaser may be required to pay the transportation charges.

Title - Unless otherwise specifically provided in writing, title to the product shall pass to the purchaser upon delivery to the carrier at point of shipment and thereupon all risk of loss or damage shall be upon the purchaser whose responsibility it shall be to file claims with the carrier.

Patents - Customer will defend , at not cost to TSC and/or its supplier, every suit which shall be brought against TSC and/or its supplier, by reason of the sale of special parts made to customers specifications.  If customer fails to so defend, TSC and/or its supplier, will defend and customer shall be responsible to TSC and/or its supplier, for all expenses incident thereto including but not limited to  court costs and reasonable attorney fees.

Claims - Claims for errors, shortages, or defective materials not the fault of the delivering carrier must be made promptly after receipt of goods. We obtain from the transportation company a receipt of material in good order for each shipment.  If goods reach you in bad order, damaged, or short, it should be so noted on the original paid freight bill, and your claim should be made with the delivering carrier.

Deductions - We ask that no deductions be taken except for earned cash term discounts.  Any claims should be made as outlined above, and when a claim is payable, we will issue credit promptly.

Responsibility - Product data, reference tables etc. which contain strength of materials, safe working loads, service recommendations and the like, are reprinted from material furnished to us by reputable sources, in whose judgment we have implicit faith.  We, however, assume no responsibility or liability for the accuracy or performance of this data.

Quotations - Quotations are made for prompt acceptance and are subject to change without notice unless a specified date of expiration is quoted.  All quotations and sales are subject to the approval of our credit department.

Returned Goods - Goods may not be returned without our permission.  If they have been correctly furnished as ordered, we reserve the right to make a reasonable handling charge when goods are returned.

Taxes - Any tax now in effect or imposed in the future will be added to the price of the goods.  If exemption is claimed, please so state when ordering and furnish proper exemption certificate.

Cancellation - The purchaser may cancel this order, provided he gives written notice to the company and if applicable, pays to the company the latter's cancellation charges.

Other - This agreement shall be considered to be between merchants.  In no event shall any claim for special or consequential damages be made by either party.  No waiver, or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive officer of the company.

Please close this window to return to The Tool Service Corporation Website.