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Terms and Conditions of Sale

Terms (Upon Credit Approval): Domestic-Net 30 days, FOB shipping point. Export-U.S. dollars by confirmed irrevocable Letter of Credit payable against shipping documents or Wire Transfer. We accept MasterCard, Visa and American Express.

Conditions of Sale: By accepting an order, Test Mark Industries, an Ohio based corporation, will comply with all applicable and valid Federal, State of Ohio and local Ohio laws and regulations. Notice is hereby given that the above uniform condition of sale applies to all incoming orders or purchase orders and supersedes all other conditions on the buyer's order form.

Specifications: Website specifications and descriptions are as accurate as possible. We reserve the right to make changes and improvements in accordance with the latest specifications and design developments.

Warranty and Limitations: The warranty described herein shall be in lieu of any other warranty, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. There are no warranties, which extend beyond the description on the face of this agreement.

Test Mark Industries Incorporated warrants all new compression testing machines and their accessories manufactured by Test Mark against defects in workmanship and materials for a period of 24 months from the original date of shipment, provided the equipment has been properly installed, maintained and operated in accordance with installation and operating instructions and used in conformity with such products intended manufactured use. Normal wear and tear is not covered by the limited and exclusive warranty. This warranty does not cover damages to the product caused by negligent, improper use, electrical supply irregularities, accidents, fire, water, lightening strikes or any act of God. All other products manufactured by Test Mark are warranty for a period of six months from date of shipment and apply to the previous warranty terms. Third party products supplied to Test Mark for the purpose of resale will carry the warranty of the original manufacturer.

The parties agree that the buyer’s sole and exclusive remedy against Test Mark Industries, Inc. shall be for the repair or replacement of the defective product or component part, or a credit of the purchase price at the option of Test Mark Industries, Inc. When repair can be accomplished by exchange of a component part, the buyer may be required to remove the original part and install the newly exchanged part. It is agreed that no other remedy, including but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or other incidental or consequential loss, shall be available to the buyer due to the use of or inability to use the Product. Products not manufactured by Test Mark Industries, Inc. will carry the warranty of the original manufacturer.

This warranty does not cover expenses, either direct or indirect, that may arise from the use of or the inability to use Test Mark Industries products.

This warranty extends only to the original purchaser of the product and is not transferable to a subsequent purchaser of the product. No warranty, either express or implied, is intended to a subsequent purchaser on resale of the product regardless of the time remaining on the warranty.

Any descriptions or pictures of products contained in Test Mark literature are for the sole purpose of identifying the product. No description of the product being sold has been made part of the basis of the bargain or has created or amounted to an express warranty that the goods would conform to any description or picture. Test Mark Industries, Inc. reserves the right to change the engineering design of a product at any time, and such change may affect the appearance of the product but not its performance or intended use.

This exclusion of liability for loss or damages, whether direct or indirect, incidental or consequential, shall apply to all claims whether sounding in contract, warranty or tort, including both negligence and strict liability, or any other basis of liability.

Packing/Shipping: Packing and cases for domestic shipments are included at no additional cost. Since export shipments require special packing and cases, an additional charge is added. When specific shipping instructions are absent, our judgment, based on the nature of the material, distance to be sent and the size and weight of the package, will prevail.

Returned Goods: Items may not be returned without prior written permission from Test Mark Industries. No item is returnable after 30 days from shipping to customer. All returns are subject to a restocking charge of 20% of selling price ($20. minimum). Any use and/or damage by customer, or due to customer's improper repacking, is subject to further charges as necessary to place item(s) in a resalable condition. Items returned must be sent prepaid; no C.O.D. returns can be accepted.

Sales Taxes: Applicable Sales tax for residents of Ohio, California, Kentucky, Florida, Virginia and Pennsylvania will be calculated and added at the point of checkout unless exemption certificate is on file with Test Mark Industries.

Claims: All claims for shortage, breakage or other discrepancies should be filed with the carrier immediately upon receipt of the shipment.

Weights: Shipping weights are subject to change without notice.

Quotations: Current quotations submitted on request.

Disclaimer of Responsibility

SAFE USE OF EQUIPMENT

Use of instruments, apparatus, and equipment described in this catalog may involve hazardous procedures and/or materials. Use may also be subject to regulatory limitations. Information in this catalog is not intended to address the many safety, legal, and regulatory issues associated with use.

It is the responsibility of the user to:

  1. Follow appropriate methods to insure that industry standards are met for all safety and health issues resulting from use.
  2. Determine applicability of all regulatory limitations prior to use.
  3. Be familiar with all applicable test standards and test procedures.
  4. Comply with all applicable Federal, State and Local laws and regulations relating to the use of such goods.

Neither Test Mark nor other manufacturers of equipment sold by Test Mark can assume any liability expressed or implied for user's failure to follow Industry standards for safety and health, or to comply with applicable regulatory limitations, standards, and procedures.