Shipping and Return Policy
Before continuing with the check-out process, you must read and agree to the following Terms of Sale:
1.BINDING AGREEMENT - The limit of ITW Strapbinder’s (the Company) responsibility for purchases made by you (the “Buyer”) through the Company Web site (this “Web Site”) is expressed in these Terms of Sale for this Web Site which are incorporated herein by reference, as they may be amended from time to time (referred to herein collectively, with each order, as this “Agreement”). When submitting an order, the Buyer agrees to all of the terms and conditions of this Agreement by clicking on the “Submit Order” or “Checkout” button. This Agreement shall be binding upon the Company once the Company has accepted the Buyer’s order.
2.AUTHORIZATION - If you are an individual and intend to use items or services purchased from the Company in performing your duties on behalf of a company or organization (the “Customer”), either as an employee or an independent contractor and either directly for the Customer or in providing services at the direction of the Customer, this Agreement is also between the Company and the Customer and you hereby represent and warrant that you have the authority to enter into this Agreement on the Customer’s behalf and agree that you are entering into this Agreement on behalf of the Customer as well as yourself and that both you and the Customer are bound by the terms of this Agreement (you and the Customer being referred to herein individually and collectively as the “Buyer”). The Buyer’s use of the items or services purchased through this Web Site may also be subject to the terms of a hard copy agreement currently in effect between the Company and (a) the Buyer, (b) a party providing services to the Buyer, or (c) a party to which the Buyer is providing services. In the event of a conflict between the terms of this Agreement and the terms of any such other agreement, the terms of such other agreement shall prevail and shall be binding upon the Buyer.]
3.ENTIRE AGREEMENT – The provisions of this Agreement constitute the entire agreement between the Company and the Buyer and supersede all prior proposals, purchase orders, correspondence and other communications, whether written or oral, between the Company and the Buyer. No provision of this Agreement shall be subject to change except by the written authorization of a properly authorized representative of the Company. The Company hereby objects to any additional, different or conflicting terms or conditions set forth in any Buyer purchase order. No terms, provisions, or conditions of any Buyer purchase order shall be effective unless expressly accepted by the Company in writing. Except as otherwise specifically provided herein, all Company price lists, quotations, order confirmations and acknowledgments, and sales invoices relating to the sale of products, parts or services to the Buyer are subject to the terms and conditions of this Agreement. Further, any automatic confirmation of an online order or response e-mail is subject to correction prior to delivery due to errors or unavailability. The Company will confirm any such correction with the Buyer before it completes the order.
4.PRICES/PAYMENT - Unless otherwise specified in the check-out process, payment for all purchases must be made by credit card at the time of purchase and prices are Ex Works Company’s facility exclusive of shipping, sales or use taxes and insurance. Any exceptions made for customers with established credit require payment net thirty (30) days from date of shipment. Any export orders accepted by the Company may be subject to additional export payment terms and conditions, at the Company’s option. All payments shall be in the legal currency of the United States unless otherwise designated in the check-out process. All prices are subject to change by the Company without notice and pricing errors may be corrected at any time. Any unpaid current balance shall bear interest at the rate of one and one-half percent (1 1/2%) per month from and after the date payment is due. The Company shall have the right of set-off, offset and deduction for any sums owed. The Company may, at any time and without obligation, suspend performance or require payment in cash, security, or other adequate assurances satisfactory to the Company when, in the opinion of the Company, in its sole discretion, the financial circumstances of the Buyer warrant such action.
5.TAXES AND DUTIES - The Buyer will be charged the amount of all applicable taxes (federal, state or local). If the purchase is tax exempt, the Buyer must contact the Company directly and provide an exemption certificate. Any personal property taxes assessable on the equipment or goods required for delivery shall be borne by the Buyer.
6.DELIVERY – Orders for items in stock will ship via the method specified on the Web Site, or by any other shipment method selected by the Buyer from the options offered to the Buyer during the check-out process. Deliveries shall be Ex Works Company. Shipping dates given by the Company are approximate. The Company will use its best efforts to meet the scheduled dates, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or damages under this Agreement. In the event of any delay requested by the Buyer or any delay caused by erroneous or inadequate shipping instructions, the Company may store all items ordered at the Buyer’s expense and risk for a reasonable period of time. If the Buyer fails to make payment in advance or when otherwise due, the Company may defer shipment until such payment is made, or may at its option cancel all or any part of any unshipped order.
7.INTERNATIONAL ORDERS - Orders for sales to locations outside of the United States may require additional processing, documentation, and fees which are not incorporated into the Web site. If the Company, at it’s sole option, chooses not to accept these orders(for any reason), the buyer will be notified via the contact information submitted with the order.
8.TITLE AND RISK OF LOSS - Risk of loss or damage shall pass to the Buyer Ex Works Company. The Buyer will keep all items not paid for in advance insured to the full purchase price with the Company as the named loss payee and the Company retains a security interest in the products until the purchase price is paid.
9.TECHNICAL DATA - All technical data, including, without limitation, engineering data, design information, and engineering and shop drawings, related to any purchase made through this Web Site are the property of the Company.
10.RETURNS - No item requiring repair or alleged to be defective may be returned to the Company without the Company’s prior written authorization. Prior to returning any item for any reason, the Buyer must request a return authorization number from the Company. The return authorization number must be used with all correspondence and posted on the package in which the item is returned.
11.WARRANTY –All Company products are warranted by the Company to be free from defects in material and workmanship for one 90 days from date of shipment. Products not manufactured by the Company but supplied through the Company shall carry the warranty of the original manufacturer.
12.DISCLAIMER; LIMITATION OF LIABILITY - ANY WARRANTY PROVIDED BY THE COMPANY SHALL NOT APPLY TO NORMAL WEAR OR TO ITEMS THAT ARE ABUSED, DAMAGED FROM INSTALLATION OR NOT USED IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS. THE COMPANY’S SOLE LIABILITY UNDER ANY WARRANTY SHALL BE LIMITED TO REPLACING OR REPAIRING ITEMS NOT MEETING SUCH WARRANTY WITHOUT CHARGE, AT ITS FACILITIES OR ELSEWHERE AT ITS DISCRETION, OR, IN THE CASE OF SERVICES, RE- PERFORMING SUCH SERVICES WITHOUT CHARGE, OR AT THE COMPANY’S OPTION, REFUNDING THE AMOUNT PAID BY THE BUYER FOR SUCH ITEMS OR SERVICES. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS AGREEMENT OR OTHERWISE. The warranties of the Company do not cover, and the Company makes no warranty with respect to any defect, failure, deficiency, or error which is: (a) not timely reported to the Company; or (b) due to misapplication, modification, disassembly, abnormal conditions of temperature, dirt or corrosive matter; or (c) due to operation, either intentional or otherwise, above rated capacities or in an otherwise improper manner. The Company assumes no responsibility for the quality or performance of any third party products, parts or materials used with the Company’s products or services or otherwise provided to the Buyer. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE COMPANY WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE COMPANY WEB SITE, PRODUCTS, PARTS OR SERVICES WILL OTHERWISE MEET THE BUYER’S NEEDS OR EXPECTATIONS.
13.GENERAL – This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of this Agreement or the Buyer’s use of this Web Site shall be in the state or federal courts located in or near Chicago, Illinois,USA. The Buyer agrees to submit to the jurisdiction of such courts. This Agreement, as it may be amended from time to time, completely and exclusively states the agreement between the Buyer and the Company with respect to purchases made through this Web Site, and no other terms that may have been communicated to the Buyer orally or in any other manner shall have any force or effect. Any cause of action the Buyer may have with respect to such purchases or this Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties and the other provisions of this Agreement shall remain in full force and effect. Any dates or times by which the Company is required to perform under this Agreement shall be postponed automatically to the extent that the Company is prevented from meeting them by causes beyond its reasonable control. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision. Neither a course of dealing or conduct between the Buyer and the Company nor any trade practices shall be deemed to modify this Agreement.