Trim-Tex, Inc.
Terms and Conditions of Sale
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
INTRODUCTION
These Terms and Conditions of Sale together with terms and conditions contained elsewhere on this website (the “Terms and Conditions of Sale”) are the only terms that govern your purchase of products and/or services from Trim-Tex, Inc. (“us,” “we” or “our,” as appropriate). By placing your order, you accept and are bound to these Terms and Conditions of Sale. These Terms and Conditions of Sale shall apply unless you have a separate purchase written agreement with us, in which case the separate written agreement shall govern to the extent it is inconsistent with these Terms and Conditions of Sale.
These Terms and Conditions of Sale prevail over any of your general terms and conditions of purchase regardless of whether or when you have submitted the applicable purchase order or such terms. Fulfillment of your order does not constitute acceptance of any of your terms and conditions and does not serve to modify or amend these Terms and Conditions of Sale. These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on this Website at the time you place an order will govern the order in question, unless otherwise agreed in writing by us.
PAYMENT TERMS, TAXES AND PRICING
Payment terms and methods are within our sole discretion and, unless otherwise agreed to in writing by us, all payments must be made at the time of purchase. All payments must be made by ACH, wire transfer or check. All prices are subject to the addition of any applicable federal, state and/or local taxes/tariffs/duties and shipping and handling charges, which will be shown on and added to your invoice. Product prices, product availability and shipping charges and methods are subject to change without notice. Quantities are subject to availability. In the event of a shortage, we may allocate sales and deliveries in our sole discretion. Your order is subject to cancellation by us, at our sole discretion. We are not responsible for pricing, typographical or other errors on the invoices and we reserve the right to cancel any orders resulting from such errors.
SHIPPING, HANDLING AND DELIVERY
We endeavor to deliver ordered products as soon as possible after you place your order. However, all shipping and delivery dates are estimates only and we will have no liability to you for delays associated with shipping and delivery. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility, and in the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier. For carriers selected by us, we will use our discretion in selecting a reputable carrier and appropriate means of shipment, and you must notify us within 48 hours after receipt of your order if you believe any part of your purchase is missing, incorrect or damaged.
RETURNS
If for any reason you are not completely satisfied with a product purchased, you may return the product to us and we will refund the purchase price of the product, less a 25% restocking fee and shipping and handling charges, in accordance with the following return policy. New, unused and undamaged products may be returned to us within 10 days of your receipt of the product, along with the corresponding packing slip, subject to the following limitations:
- All returns must be in original packaging, unused and in sellable condition.
- Shipping and handling fees are non-refundable.
- We cannot accept returns on the following items: sale or clearance items, custom made, made-to-order or personalized items, or special order items.
All returns require a return merchandise authorization number (RMA) for processing. An RMA number must be obtained by contacting our customer service representatives at custserv@trim-tex.com, and must be prominently written on the outside of the returned Product's shipping container. Please send your return to us in an insured, postage-paid package via insured United States Mail, Federal Express, United Parcel Service or another recognized carrier using a delivery tracking and confirmation services, and please retain your receipt. We are not responsible for product returns that are damaged or lost in transit. Failure to return a product within the applicable return period will be deemed to be an acceptance of the product. If you return a product to us without an RMA number from us, we retain the right to refuse delivery of such return. Refunds will be issued in the same form as the original payment. Please allow up to thirty days after our receipt of the returned product for us to credit your account.
WARRANTY
We warrant for a period of 1 year from the date of shipment that the products manufactured by us are free from manufacturing defects when installed in accordance with the guidelines and instructions, where indicated, and in accordance to the customary and ordinary standards of the industry.
EXCEPT FOR THE PRODUCT WARRANTIES SET FORTH IN THIS SECTION, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS MANUFACTURED BY US, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Our sole responsibility shall be for the replacement of product only, when it has been determined by us that the product was defective as a result of manufacturing and not as a result of improper installation or handling. We assume no liability or responsibility for any direct, indirect or consequential damages that may arise from the use of any product manufactured by us.
Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the products manufactured by us. Third Party Products are not covered by the warranty in this Section. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
We make no other warranties except as provided in these Terms and Conditions of Sale. No officers, agents or employees have the authority to make any other warranty either orally or in writing.
THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, WE ARE NOT RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES SO THESE LIMITATIONS MIGHT NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
FORCE MAJEURE
While it is our goal is to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil commotion, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control.
WAIVER/INVALIDITY
Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
SEVERANCE
Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
AMENDMENTS
These Terms and Conditions of Sale may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both us and you.
APPLICABLE LAW
These Terms and Conditions of Sale and all purchases hereunder shall be governed by and construed under the law of the State of Illinois, without regard to conflicts of laws rules. You agree that the courts of Illinois shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Chicago, Illinois. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Sale more than one (1) year after the cause of action has arisen.
INDEMNITY
You shall defend, indemnify and hold harmless, us and our successors, assigns, affiliates, agents and contractors, and the officers, managers, directors and employees of any of the foregoing, from and against any damage, loss, claim, judgment or other liability or expense (including but not limited to reasonable attorneys’ fees) which may in any way arise out of any act or omission in connection with your installation or use of the sold products, to the extent caused by us. We reserve the right, without being required to do so, and without waiver of any indemnity hereunder, to defend any claim, action or lawsuit coming within the scope of this indemnity provision. If we take legal action against you for non-payment, or any other breach of these Terms and Conditions of Sale, and a court makes an award in our favor, we shall be entitled to recover from you our reasonable attorneys’ fees and costs incurred in the action.
HEADINGS
The section headings used in these Terms and Conditions of Sale are for convenience of reference only and do not form a part of these Terms and Conditions of Sale, and no construction or inference shall be derived therefrom.
QUESTIONS AND COMMENTS
We welcome your questions or comments about these Terms and Conditions of Sale. Please contact us at custerserv@trim-tex.com or write to us at Trim-Tex, Inc., 3700 W. Pratt Avenue, Lincolnwood, IL 60712.