Domestic Selling Policy
Terms and Conditions / Prices / Freight
/ Loss, Damage or Delay / Payment /
Change in Payment / Taxes / Returns
/ Claims / Cancellation / Limitation
of Liability/ Minimum Orders / International
Terms and Conditions
Acceptance of any order or contract by Kmac/Tws acknowledgement or
commencement of performance is expressly conditional on purchaser's assent to
the terms and conditions below even though no reference may be made thereto at
time of acceptance. Kmac/Tws expressly objects to any additional or
different terms than those set forth herein. Unless otherwise modified in
writing, the terms and conditions below apply and supersede all prior or
contemporaneous representations, discussions, correspondence or agreements
between the parties.
Loss, Damage or Delay
Shipping dates are approximate and are based on prompt receipt of all
necessary information and approvals from the purchaser. Kmac/Tws shall
not be liable for failure to perform or for delay in performance due to fire,
flood, strike, or other labor difficulty, acts of God, act of any governmental
authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in
transportation, inability to obtain necessary labor, materials or
manufacturing facilities from usual sources or due to any other cause beyond
its reasonable control. In the event of delay in performance due to any such
cause, the date of delivery or time of completion will be postponed by such
length of time as may be reasonably necessary to compensate for the delay.
Failure to provide required information or cash in
advance will delay order processing and shipment.
Change In Payment
If, in the judgment of Kmac/Tws, the financial condition of the
purchaser at any time during the manufacturing period or at the time the
product is ready for shipment, does not justify the terms of payment specified
(other than payment in advance), Kmac/Tws may require full or partial
payment in advance.
If shipments are delayed by the purchaser, payments
shall become due from date when Kmac/Tws is prepared to make shipment.
If manufacture is delayed by the purchaser, payment shall be made based on the
contract price and percent of completion and purchaser shall reimburse Kmac/Tws
for any additional costs resulting from such delay. Products held for the
purchaser shall be at the risk and expense of the purchaser.
The prices do not include any Federal, state or local property, license,
privilege, sale, use, excise, gross receipts or other like taxes which may now
or hereafter by applicable to, measured by or imposed upon or with respect to
the transaction, the property, its sale, its value or its use, or any services
performed in connection therewith. Purchaser agrees to pay or reimburse any
such taxes Kmac/Tws is required to pay.
No returns will be accepted by Kmac/Tws without proper authorization.
Authorization and shipping instructions for the return of any product must by
obtained in writing from Kmac/Tws All returns are subject to a 20%
restocking charge or $35.00/Line Item, whichever is greater. Product must be returned
with complete identification in accordance with Kmac/Tws instructions or
it will not be accepted. Products must be in marketable condition upon receipt
by Kmac/Tws Purchaser will be charged for any outgoing and incoming
transportation paid by Kmac/Tws Custom made-to-order items and
non-standard items are non-returnable. In no event will Kmac/Tws be
responsible for product returned without proper authorization. No
returns will be accepted after 30 days from the shipment date.
Claims for damage or shortage or any other reason must be made within 30 days
from the date invoiced.
Any order may be canceled only on written notice. Cancellation charges will be
charged to purchaser at the time of cancellation for all expenses incurred by Kmac/Tws.
Orders that are shipped and are cancelled in transit, the customer will be
responsible for all shipping charges, including the return of the product.
Limitation of Liability
Kmac/Tws, its subcontractors and suppliers of any tier, shall not be
liable in contract, in tort (including negligence or strict liability) or
otherwise for damage or loss of other property or equipment, loss of profits
or revenue, loss of use of equipment, cost of capital, cost of temporary
equipment (including additional expenses incurred in using existing
facilities), claims of customers of the purchaser, or for any special,
indirect, incidental, or consequential damages whatsoever. The remedies of
purchaser and the liability of Kmac/Tws shall not exceed the price of
the product or part on which such liability is based.