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Terms and Conditions  Terms and Conditions

The terms and conditions presented here apply to all purchases and sales of items offered by The Tool Company, Inc. Any and all purchases made to us signify you have accepted our terms and conditions of sale. We disclaim any other terms and conditions contained in any customer purchase order, order form, or otherwise unless expressed and approved by us in writing.

The Tool Company, Inc. represents all brands of the products, the photographs, features, specifications, price, standard and/or optional accessories, and equipment may change without notice.
Quotations from us, including retail account's or resale account's purchase orders, and acknowledgments of retail account's or resale account's purchase orders by us are made subject to written acceptance and acknowledgement delivered from us or directly from our supplier, and are made subject to the following terms and conditions of sale:

LIABILITY
The Tool Company, Inc. or our supplier, stock most parts, but can not guarantee that all will be in stock 100% of the time. We will not be held liable for any losses due to down time or parts availability.
Safety precautions, Metalworking machinery, Woodworking machinery, Accessory, and Shop Equipment can be very dangerous, which means they may cause injury or death if used carelessly or incorrectly. Purchaser, Operators, and/or Service Persons shall require to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by our supplier's or shall meet OSHA safety standard requirements. It is strictly limited to those warranties of fitness for purpose and safety as provided by The Tool Company, Inc. and/or our supplier of the product sold. Any and all national and local codes including OSHA regulation are may be different by states and various safety requirements. It is the end users responsibility to obtain all information from your local or state safety regulation organization and be provided proper training and safe operating procedures to ensure any person uses or services the product, must meets or exceeds their respective federal, state, and local safety laws at any time. The Tool Company Inc. will not be held liable for any personal injury resulting from unsafe practice of any reason and harmless from and against any and all claims, losses or damages arising therefrom.

PRICING AND CHARGES
Pricing and charges are shown on our website and are subject to change without notice. All prices are F.O.B. shipping point in US dollars at our warehouse or at our supplier's location, unless otherwise stated. All quotations expire 30 days from date shown on quotation. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time. Prices are listed to the best of our knowledge; however, our supplier may have made a price change without notifying us. If this has occurred, you will be notified prior to purchasing.

SPECIAL PROMOTIONAL SALE PRICES
All special promotional sale prices are shown on our website or quoted are subject to change without notice. All prices are F.O.B. shipping point in US dollars at our warehouse or at our supplier's location, unless otherwise stated. Special promotional sale prices are for a limited time only. Any order received after the expiration date will not qualify for the discount price.

TAXES
Prices do not include sales, use, excise, property, or similar taxes arising out of, or relating to, the sale or use of the products. Customer shall hold The Tool Company, Inc. free and harmless from and against the imposition and payment of such taxes, whether or not they are stated in any invoice for products shipped.

PRIVACY POLICY
The Tool Company, Inc. will not sell, trade, share, or rent purchaser’s information to anyone. We believe that purchaser’s information is personal and should be kept that way. We use purchaser’s information to provide purchaser with better customer service support, and to update purchaser on The Tool Company, Inc. specials that purchaser have requested.

ORDER SECURITY
As one of the most successful machinery, accessories, and equipment website on the Internet today, The Tool Company, Inc. realizes the importance in our purchasers having the same confidence when using credit cards online as they do when ordering by phone. That is why we use data encryption to ensure that purchaser online purchase is safe with us.
Encryption is a process by which we use software to make purchaser credit card number and personal information unreadable to others during the order process. The Tool Company, Inc. currently uses the industry-standard SSL (Secure Sockets Layer) encryption. We believe in keeping up-to-date with new technologies in order to provide the best security for our customers. That means when purchasers shop online with The Tool Company, Inc., purchasers are buying with confidence. If at any time purchasers feel uncomfortable providing personal information online, please feel free to call us at 562-623-9089.

The Tool Company, Inc. uses personal information to enhance the overall shopping experience by providing purchaser with better customer service. Positive purchaser identification allows us to contact the purchaser and ensure all their needs are met and handled appropriately and accurately. All personal information that we acquire is provided by each individual purchaser. This allows us to provide knowledgeable support from our customer service team. Benefits purchaser may receive by allowing us to keep purchaser personal information on hand include:
1) A Personal Internet Account - Purchaser will be identified by The Tool Company, Inc. every time when log in with personal customer number so in the future purchaser will save time by not having to submit the information again.
2) Traceable Product Delivery - Purchaser will be able to track the location of the shipment through login to your account
3) Order Status Updates - Purchaser will receive order status updates through email notification, including order-confirmation. Purchase also will receive the charge information from our internet gateway company Authorize.net
4) Updates on Internet Specials - Purchaser will receive updates on Internet specials that purchaser have requested.
5) Personalized, Knowledgeable Customer Service - Our customer service team will be able to assist purchaser promptly and accurately by identifying purchaser and purchaser preferences.
6) Opting Out - Purchaser may withdraw purchaser’s personal information from The Tool Company, Inc. at any time. To withdraw purchaser information email, or write us at:

The Tool Company, Inc.
Customer Service
13239 Rosecrans Avenue
Santa Fe Springs, CA 90670

SECURE ORDERING
The Tool Company, Inc. secures purchaser private information using a Comodo SSL Certificate. All credit card and order information are processed using 128-Bit encryption. Information exchanged with any address beginning with https is encrypted using SSL before transmission. The Tool Company does not store purchase’s sensitive such as credit number on the server. All transaction information is handled by the website gateway company.

PAYMENT TERMS
All payments are should made to order of “The Tool Company, Inc.”. Payment is expected at time of order by cash, credit cards, check, or bank wire transfer. For any products on back order, 60% deposit is required with the order, the 40% balance due prior to shipping when the shipment is available in stock and ready to ship. Other payment terms such as net 30 days may be made available on a case-by-case basis to credit worthy government entities, schools, large corporations, and some frequent customers. Any other payment schedule must be confirmed in writing before the product can be delivered and are subject to interest charges of 1.5% per month when past due. The purchaser agrees to offer normal assistance and financial information required to obtain appropriate financing for the product. The Tool Company, Inc. reserves the right to cancel and to refuse to complete purchaser's purchases if, in
The Tool Company, Inc.’s opinion, has not established credit to promptly meet the payment terms of the order.

AVAILABILITY AND BACKORDERS
The Tool Company, Inc. makes every effort to have all products available at all times but does not guarantee availability. Backorders are processed and automatically shipped when stock becomes available unless prior notification is received from the purchaser.

CANCELLATIONS
Orders of the product, and/or optional accessories/equipment that have been installed or shipped are not subject to cancellations. Orders of the product, and/or optional accessories/equipment that have not been installed or shipped may be cancelled in writing by purchaser to The Tool Company, Inc. within the next business day of the date of the purchase order. Orders which are cancelled past the next business day will normally be subject to a cancellation charge equal to twenty percent (20%) of the product purchase price.

SHIPPING AND HANDLING
All orders are subject to applicable shipping, freight, and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table that is based on the combined weight of all items on the order on stock status. There are additional charges for shipments on back order items. Shipping charges for premium shipping services will be subject to the carrier's published rates. In some cases, shipping charges may be more than carrier’s quoted actual cost to process and ship. We may charge if they exceed. Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. The Tool Company, Inc. will pass the surcharge on to the purchaser.

The Tool Company, Inc. shall exert its best efforts to ensure that the product to be shipped and delivered in accordance with the payment terms and provisions of the terms and conditions. However, all delivery dates stated are approximate dates only, and are estimated in good faith to the best of The Tool Company, Inc.‘s ability to commensurate with foreseeable scheduling.
Deliveries are made Monday through Friday, daytime hours only. The Tool Company, Inc. uses various carriers for different items and/or regions. Items that are drop shipped directly from suppliers may take longer. Items ordered together may not always arrive in the same package or on the same day. Orders placed on Friday, weekend, or holiday will be shipped on the next business day. Please check with us for more information at time of order.
 
DAMAGED OR LOST SHIPMENTS
UPS, Fed-Ex, other any carriers & truck shipments: Check your order immediately upon arrival. All damages must be noted on delivery receipt. We must be contacted immediately for any shortages and damages at 562-623-9089 or e-mailed to customerservice@machinetools4sale.com no later than next business day. Any claims for shortages or claims that the product delivered is other than that what was ordered or claims for damages prior to delivery to purchaser or purchaser's agent must be made in writing to The Tool Company, Inc. on next business day after the arrival of the product at purchaser's pointed ship to address and/or place of business. All damaged product must be kept for inspection. At that time you must file a claim with the carrier.
RISK OF LOSS
Upon delivery by The Tool Company, Inc. to a carrier for shipment of the product to purchaser, risk of loss shall pass to purchaser. Thereafter, the carrier shall be deemed to be acting for and on behalf of purchaser and the terms of payment for the product shall not be affected by damage to or destruction of the product sold.

RETURN POLICY
The Tool Company, Inc. retains the exclusive and sole right as to whether a product may be returned, exchanged or order cancelled. The Tool Company, Inc. thus encourages purchasers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless expressly consents.
Product returned to The Tool Company, Inc. or direct to our supplier with prepaid shipping charges and a valid RGA number will not be accepted. Credit will be issued within ten (10) business days of receipt of authorized returned products. Original shipment shipping and handling charges are non-refundable. Custom built units with standard and/or optional accessories/equipment installs cannot be returned for any reason other than The Tool Company, Inc. and/or our supplier error or warranty. Custom built units being returned for warranty reasons must have been deemed non-repairable by a The Tool Company, Inc. and/or our supplier authorization. Custom built units being returned due to The Tool Company, Inc. and/or our supplier error must be returned in the original container and must be un-used.
Some products are returned in used condition will be scrapped and credit will be denied.
Unauthorized non-warranty returns may be assessed additional restocking fees twenty percent (20%) of the product purchase price, returned to sender under freight collect, or disposed of without credit issuance at The Tool Company, Inc. and/or our supplier discretion.
Credit issuance is subject to product inspection and warranty eligibility verification by The Tool Company, Inc. and/or our supplier. Returned products which fail to meet returned products requirements will be subject to additional restock fees twenty percent (20%) of the product purchase price and may result in reduced or denied credit issuance. Non-warranty return shipments must be returned via purchaser prepaid freight, C.O.D. returns cannot be accepted. Discounted, customized, and cut-to-length product cannot be accepted.

WARRANTY
The product purchased from us shall be free from defects in material and workmanship per our supplier’s standard limited warranty policy. Respective suppliers vary with their warranty. Please contact us for complete warranty information of a specific item. All warranties offered are those of our suppliers of the product and not The Tool Company, Inc. We assign to the purchaser all warranties (if any) from our supplier. The Tool Company, Inc. has no obligation or liability arising from the supplier’s warranty.
The Tool Company, Inc. shall not be liable to purchaser, or any other party, for any loss, damage, injury, or expense of any kind or nature caused directly or indirectly by the product, or the failure of the product to operate properly. Purchaser hereby agrees to assume whole responsibility to pay royalty or expenses, if any, for any dispute resulting from such use. The Tool Company, Inc. gives no warranty, express or implied, as to the quality, finish, accuracy or tolerance, compliance with electrical, hydraulic, pneumatic, or other safety codes required by any governmental or quasi-governmental body; efficiency, productivity, performance, merchantability, and conditions of the product suitable for any particular use intended purpose or otherwise. Warranties are void outside of the U.S.A.

FORCE MAJEURE
The Tool Company, Inc. shall not be responsible for nonperformance or late performance of any part of the terms and conditions due to orders, regulations, and/or ordinances by government, natural disaster, war, blockade, insurrection, mobilization or due to any other causes or circumstances beyond The Tool Company, Inc.'s and/or our supplier’s control.

DESCRIPTIONS OF PRODUCTS
All weights and measurements given are estimates, stated as correctly as possible, and any deviations shall not invalidate on purchaser’s purchase order. The original supplier’s brochures can be requested by purchaser if it is available. Photographs and other illustration representing the product offered are not binding in detail, as improvements are constantly being made in the time of design and are subject to change without notice. As hard as we may try, a clerical error may occur on our part or from the supplier. Should you notice or discover an error, please notify us and we will correct it immediately.

GOVERNING LAW
This terms and conditions agreement shall be construed in accordance with the laws of the State of California, U.S.A.

MERGER CLAUSES
The entire terms and conditions are embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to all brands of the product including statements made in or conduct implied from past dealings that are not fully expressed herein.
 

Terms and Conditions
Copyright© 2000, 2007 The Tool Company, Inc. - All rights reserved.