ITW Linx Terms and Conditions:
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- Terms: Net 30 Days; F.O.B. Carol Stream, Illinois 60188.
- All orders subject to applicable minimum billing charge in effect at time of shipment. Prices are for quantities to be shipped within a 90-day period.
- Delivery is subject to delay caused by riot, strike, fire, flood, accident, governmental law, regulation or order, and any other cause beyond seller’s control. Or by delay of subcontractor for any such cause. Seller reserves the right to terminate delivery or cancel contract for any such cause.
- Price is subject to change without notice and will be adjusted to Seller’s price in effect at time of shipment. Applicable prices will conform with governmental price regulations in effect at that time.
- Seller reserves the right to schedule its production and to make deliveries accordingly. In case Buyer specifies deliveries to be made in installments which do not conform to such schedule and Seller elects to deliver as specified by Buyer, Seller shall have the right to adjust the price to cover Seller’s additional costs.
- Buyer assumes liability for all state taxes which are or may become applicable to this transaction. Prices do not include any state taxes unless so specified on quotation or on acknowledgement of order.
- If Buyer repudiates the contract or notifies Seller to proceed no further therewith, Seller shall have the right to deliver all finished goods and goods in process, and Buyer agrees to accept same and pay to Seller the contract price for goods finished and delivered by Seller plus reimbursement for unfinished goods.
- All drawings, dies and tooling remain the exclusive property of Illinois Tool Works Inc
- Buyer’s exclusive remedy for any goods having defects in materials or workmanship and for any damages including consequential damages caused thereby will be a refund of the purchase price or replacement of such defective goods returned to the Seller within thirty (30) days after receipt thereof by the Purchaser. Either (I) Buyer’s failure to allow Seller a reasonable opportunity to inspect, test, or sample the goods prior to their return to Seller, or (II) Buyer’s failure to give written notice of the defects to Seller within 10 days after receipt of the goods, constitutes a waiver by Buyer of all claims in respect of goods furnished hereunder. There are no warranties express or implied which extend beyond these terms and conditions.
- See website for up-to-date warranty information.
- Non-cancelable Non-returnable.
- Any purchase order must reference quote number.
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This Acknowledgement confirms acceptance of your order, subject and conditional upon the terms and conditions stated herein and below, any other provision in Buyer’s order being hereby rejected. Seller’s acceptance is expressly conditional upon Buyer’s assent to only Seller’s provisions contained in this Acknowledgement and Seller’s quote, if any. Such provisions of Seller and acceptance by Buyer shall constitute the entire agreement between the parties hereto. BUYER SHALL BE DEEMED TO ACCEPT ONLY THE PROVISIONS OF SELLER CONTAINED HEREIN AND BELOW AS BEING THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO, UNLESS SELLER IS NOTIFIED OTHERWISE WITHIN 10 DAYS AFTER RECEIPT OF THIS ACKNOWLEDGEMENT OR DATE OF SELLER’S SHIPMENT WHICH EVER IS EARLIER. If Buyer’s order is in response to our Quote and all the conditions stated therein, this acknowledgement confirms approval of the order, any other terms and conditions of Buyer being rejected and not part of this sales contract all as heretofore provided in the Quote provision.
- Delivery is subject to delay caused by riot, fire, flood, accident, strike, governmental law, regulation or order, and any other cause beyond Seller’s control, or by delay of subcontractor for any such cause. Seller reserves the right at its election, to extend the time for making delivery for a period equal to such delay, terminate delivery, or cancel the contract for any such cause.
- Price is subject to change without notice and will be adjusted to Seller’s price in effect at time of shipment.
- Seller reserves the right to schedule its production and to make deliveries accordingly. In case Buyer specifies deliveries to be made in installments which do not conform to such schedule and Seller elects to deliver as specified by Buyer, Seller shall have the right to adjust the price to cover Seller’s additional costs.
- Buyer assumes liability for all taxes which are or may become applicable to this transaction. Prices do not include any taxes unless so specified on quotation or on acknowledgement or order.
- If Buyer repudiates or avoids the contract or notifies Seller to proceed no further therewith, Seller shall have the right to deliver all finished goods and goods in process, and Buyer agrees to accept same and to pay to Seller the contract price for goods finished and delivered by Seller. Buyer agrees to pay Seller for all unfinished goods, lost profits and incidental damages incurred by Seller should Buyer repudiate, avoid or give such notification and nothing herein shall preclude Seller from any other remedy it may have thereby.
- Dies, molds and tools are charged at cost and shall always remain the sole property of Seller.
- LIMITED WARRANTY: Seller’s products are warranted for a period of 1 year from date of delivery to be free from defects in material and workmanship and to be in accordance with the written requirements of Buyer’s order, including applicable specifications, plans,
drawings or samples, provided Buyer, within the warranty period, gives Seller written notice of any claim under this warranty and promptly returns the product prepaid in accordance with Seller’s written authorization. Seller will, at its sole election thereafter, refund the purchase price or repair or replace such product found, under the terms of this warranty, to be defective or not within Buyer’s specifications. This warranty does not include, nor does Seller assume responsibility for defects or damage caused by misuse, abuse, alterations, service or repair by others, or failure to properly maintain this product.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The remedies stated herein are exclusive remedies and Seller shall not be responsible or liable for any indirect, consequential or incidental damages or further loss of any kind whatsoever.
HOLD HARMLESS AND INDEMNIFICATION: Buyer represents and warrants that any product to be furnished Buyer hereunder which is pursuant to Buyer’s specifications, plans, drawings or samples will be in full compliance with all laws, rules and regulations and will not infringe any unexpired patent or trademark. Buyer agrees to protect, defend and save harmless Seller from any claim, action or suit brought against Seller on account of the work performed or product furnished by Seller pursuant to the specific requirements of Buyer as herein described including but not limited to compliance with any laws, rules or regulations or infringement of any patent or trademark. Buyer shall indemnify Seller against any and all loss, damage, or expenses which Seller may sustain, incur or become liable for pursuant to such claim, action or suite.
- All Shipments F.O.B. Shipping Point.
- Before using a product, Buyer should review applicable standards and codes such as U.L., NEMA, CSA, OSHA and others for recommended practices. If we can assist you with your application problems, we urge you to call upon us. However, Buyer and/or user shall determine the suitability for the intended use and assume all responsibility in connection with such use. Only written statements or recommendations signed by an officer of Seller shall be binding upon Seller.
- All prices are based on Buyer accepting over-runs or under-runs on each individual item not exceeding 10% of quantity ordered. Where parts are supplied to Seller for further fabrication, there may be some losses incurred during set-ups and destructive tests for which Seller shall not be responsible.
- Seller’s inspection is made on a percentage basis only. Prices do not include 100% individual inspection of each part.
- See website for up-to-date warranty information.
- Non-cancelable Non-returnable.
- Any purchase order must reference quote number.
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back to the main page of ITW Linx Terms and Conditions |
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back to the main page of ITW Linx Terms and Conditions |
NO CLAIMS WILL BE ACCEPTED FOR QUANTITY DISCREPANCIES UNLESS WRITTEN NOTIFICATION IS RECEIVED WITHIN 30 DAYS OF SHIP DATE
THIS CERTIFIES THAT THE ABOVE ITEMS ARE MADE IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS AND THAT TEST REPORTS OF MATERIALS FUNCTIONS AND PROCESSES ARE AVAILABLE AT OUR PLANT FOR INSPECTION.
ITEMS NOT SHIPPED AT THIS TIME WILL BE BACK ORDERED AND INVOICED AT THE TIME OF SHIPMENT.
THESE GOODS HAVE BEEN CHECKED TWICE. IF ANY SHORTAGE OR ERROR IS FOUND, PLEASE REPORT PROMPTLY AND RETURN THIS PACKING LIST WITH YOUR LETTER SO THAT WE MAY INVESTIGATE.
SEE WEBSITE FOR UP-TO-DATE WARRANTY INFORMATION.
NON-CANCELABLE NON-RETURNABLE.
ANY PURCHASE ORDER MUST REFEENCE QUOTE NUMBER.
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