1. Agreement:
Customers agree to all the following terms and conditions listed below once a purchase is made. It is very important that each customer reads all of the following terms and conditions completely. Total Control Solutions, Inc. (TCS) has the right to change and update the following terms and conditions at anytime. It is recommended that you read the terms and conditions before placing an order. Note that TCS will not assume any responsibility for any damage to equipment, data or other property resulting from the use of our products or services. The customer assumes all responsibility for the use of each product purchased. It is recommended that the customer make sure that the product being purchased suit his or her application needs properly.
2. Delivery & Acceptance of Goods:
All orders placed with TCS are shipped FOB our warehouse in Corcoran, Minnesota unless otherwise agreed to in writing by TCS. Upon request by the buyer, TCS shall prepay insurance and freight and invoice buyer for such costs. The buyer will inspect the product delivered and shall advise TCS of any damage or defect in material and/or workmanship within 3 days of receipt of product.
3. Payment/Taxes:
TCS payment terms, conditioned on approved credit, are net 30 days from the date of invoice unless otherwise stated in writing by TCS. TCS also accepts payment in C.O.D. and the following major credit cards, American Express Card, VISA and MasterCard. In addition, TCS reserves the right to modify the payment terms provided herein if, in TCS's opinion, the payment record or financial condition of the Buyer so warrants. Late payments shall be subject to a charge of 1.5% interest per month on the unpaid balance.
The Buyer's failure to make timely payments may result is in such action as commencement proceedings for collections, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods, and termination of product warranty. In the event payment is not made, TCS shall be entitled to at its discretion to dissolve the sale and retake possession of the product and retain all monies received on account from purchaser in part payment as liquidated damages.
The Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes). Exemption certificates must be presented prior to shipment for correct order processing.
4. Order Cancellations:
It is understood that orders placed pursuant to this agreement may not be cancelled or rescheduled without TCS's written consent and shall be subject to cancellation charges/-restocking charges determined by TCS. Orders for Custom Products are made for specific applications and may not be cancelled.
5. Return Policy:
No product shall be returned to TCS without prior authorization of TCS and an RMA number. Product(s) returned without a valid RMA number will not be processed by TCS. The product(s) shall be returned to TCS at the Buyers expense, sufficiently packaged so as to avoid damage in transit, with the original documentation, software and accessories. A valid RMA number should be clearly displayed on the outside of the package. TCS shall not be liable for loss or damage while in transit to TCS. If a product is returned for reasons other than specified above, a re-stocking/ return to stock charge shall be applied at TCS's discretion. NO returns for credit will be considered after thirty (30) days from initial shipment date for TCS.
6. Purchase Orders:
Purchase orders for all TCS products must be received by TCS in writing with sufficient lead time to permit TCS to schedule normal delivery. Delivery will not be made until a binding purchase order is received from Buyer. Total Control Solutions will acknowledge the receipt of an order in writing if the request is included in the Purchase Order at time the order was placed.
7. General:
These terms and conditions shall constitute the final, complete and exclusive agreement with respect to all sales between TCS and the Buyer superseding all prior agreements, offers, negotiations and understandings.