1. - GENERAL AGREEMENT. - All sales are expressly conditioned on the terms
and conditions set forth on this, along with those contained in any attachments
hereto. No additional or different terms shall apply (whether a part of Buyer's
purchase order or other communication from Buyer) unless expressly agreed to in
writing by a duly-authorized representative of CMS Industrial Equipment Company, and or its
subsidiaries. Notice is hereby given that CMS Industrial Equipment Company does object to any
different or additional terms and that such different or additional terms shall
not be binding upon them. Acceptance of, or payment for any of the goods
constitutes Buyer's agreement to CMS Industrial Equipment Company terms and conditions.
2. – WARRANTY DISCLAIMERS. Since the goods sold hereunder are not manufactured
by us, CMS Industrial Equipment Company, we make no warranties or representations, expressed or
implied, as to workmanship, performance, quality, durability, fitness for
purpose or merchantability for any of the articles it sells. This disclaimer is
for all liability including, among others, liability for consequential and
special damages. The only warranties applying to such articles are those, which
are written and are specifically, provided by the manufacturer.
CMS Industrial Equipment Company
makes no warranties, but it does maintain and provide to any customer, upon
request, information concerning the manufacturer warranties. THE WARRANTY
EXPRESSED IN THIS PARAGRAPH 2 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, AND CMS INDUSTRIAL EQUIPMENT MAKES NO IMPLIED WARRANTY OF EITHER
MERCHANT LIABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
3. – TERMS OF SHIPMENT. Shipping dates given in advance of actual shipment are
estimated. CMS Industrial Equipment Company shall not be liable for failure to perform or delay in
performance resulting from fire or other casualty loss, labor difficulties,
transportation problems, interruptions or delays in the usual source of supply,
or any other cause beyond its reasonable control. All direct shipments are
F.O.B. point of shipment, and each shipment or delivery shall be considered a
separate and independent transaction. Responsibility for filing claims with the
manufacturer or carrier, as the case may be, rests with the Buyer as our
responsibility for delivery ceases upon acceptance of shipment by Transportation
Company, who acts as your agent; the purchases and sale being completed at our
facilities. Next Day Air shipments must be faxed in by 10:30 A.M. Central
4. - TAXES. The prices for goods may not include any sales, use or other taxes
or charges payable to state or local authorities. To the extent that such taxes
do not appear as an additional separately itemized charge. Buyer certifies that
the sale of the goods is exempt from such tax and Buyer assumes the liability
for any such tax, which may be found to be due, hereby agreeing to indemnify and
hold CMS Industrial Equipment Company harmless with respect thereto.
5. - SERVICE CHARGES. All orders with a value under $300.00 USD will be
subject to a minimum value charge of $20.00 USD
A service charge in the amount of the lesser of 5% per
month (60% Annual Percentage Rate), or the maximum allowed by law, will be added
to all invoices that are one day past due. In the event it is necessary to place
any Invoice on these terms and conditions in the hands of an attorney for
collection, Customer shall pay CMS Industrial Equipment Company costs of collection of money due
and unpaid, including attorney’s fees.
6. - RETURNS. No goods may be returned without the written consent of
CMS Industrial Equipment Company, which consent, if given, shall be understood only as (a) acceptance
for credit of the goods returned in the same condition as they were when
delivered to applicant, (b) upon the payment by applicant of all transportation
charges with respect to the delivery and return of those goods, and (c) in
addition, a minimum 15% handling or restocking charge will be added. In no
circumstance will goods made to order be accepted for return. Credit for
returned goods will be allowed only to the extent agreed to in writing by a duly
authorized representative of CMS Industrial Equipment Company, no credit or return will be
processed after 90 days of date of purchase and no credit will be issued unless
Buyer provides the original invoice.
If you are dissatisfied for any reason, please call us to obtain a refund on complete undamaged hardware.
Please note that for ALL RETURNS a 15% re-stocking fee will be assessed, SHIPPING CHARGES ARE NOT REFUNDABLE.
Returns & Warranty requests are processed within
5 (FIVE) normal business weekdays, Monday through Friday.
At that time, you will be
e-mailed or faxed a response with the RGA number,
shipping charges are NOT REFUNDABLE.
You can return complete undamaged hardware for a full merchandise refund
LESS 15% RE-STOCKING FEE, in the first 15 days under the following conditions:
Unless we made a packing & shipping
error, the merchandise must be sent back in its original packaging, and
received in the same new condition as when sold to you, including all parts
Merchandise must be repackaged properly so that it is not damaged during
Do not mark or deface any Original Manufacturer containers in ANY manner. We
will return such items to you, and charge twice the normal shipping fee. If
you reject that returned shipment, we reserve the right to liquidate the
inventory and withhold credit. All costs related to the return shipping must
be paid by you, the customer, UNLESS the item is DOA (dead on arrival), and
you ask for warranty replacement.
The package MUST have our Return Goods Authorization Number on the return
label! Returns without an RGA # will not be processed, will be charged twice
the normal shipping fee, and may be refused!
Warranty & Replacement shipping BACK to you, is prepaid by us. We cannot
accommodate Return shipping fees for locations outside of the USA.
For all replacements, we will bill the credit card on file for the
replacement item (s) upon shipment. We process your product refund to the
credit card only upon return receipt of the items meeting the above
If a product warranty replacement is 'No longer Available' after the first
15 days, we will substitute a like item or issue a refund equal to the
pro-rated purchase price paid for the item.
If your current shipping address is different than the shipping address on
the original order, please let us know.
Shipping charges are not refundable.
Damaged returned goods, we will notify you if your returned goods arrived
damaged, you will have 30 calendar days to resolve this with your carrier,
we will treat your returned goods as abandoned after 30 calendar days and we
reserve the right to liquidate the inventory and withhold credit.
7. - EXTRA EXPENSE. No labor expense or other charges will be accepted by
CMS Industrial Equipment Company as a result of the use or modification of any of the goods sold
hereunder, unless approved in writing by duly authorized representative of
CMS Industrial Equipment Company prior to the incurring of such expense.
8. - LIABILITY. CMS Industrial Equipment Company shall not be liable for special, indirect,
incidental or consequential damages. The remedies of Buyer as set forth herein
are exclusive, and the liability of CMS Industrial Equipment Company respect to any contract of
sale, or anything done in connection therewith, whether in contract tort,
negligence or under any warranty or otherwise, shall not exceed the price of the
goods on which such liability is based.
9. - QUOTES, RECEIPT OF ORDERS AND ACKNOWLEDGEMENTS. As to quotes by
CMS Industrial Equipment Company and as to the receipt of customer orders and the acknowledgement of
such orders, all of the foregoing shall apply (except that reference to "goods
sold hereunder" shall mean "goods to be sold hereunder"), and in addition
thereto, the following:
A. The obligation of CMS Industrial Equipment Company to supply the goods is expressly conditioned
on the manufacturer continuing to produce such goods and unless otherwise
indicated prices are based on no change price by the manufacturer.
B. Changes from any quotation or order accepted by
CMS Industrial Equipment Company including a
reduction in quantities, deletion or items, and delays as to release dates, may
result in price changes.
C. CMS Industrial Equipment Company reserves the right to accept or reject all purchase orders,
whether issued as to terms quoted, or otherwise. If in the judgment of
CMS Industrial Equipment Company the financial condition of Buyer at the time the goods are ready for
shipment does not justify the extension of credit, CMS Industrial Equipment Company reserves the
right to require full payment in cash before shipment or delivery.
D. Material offered in this quotation, shall considered in their entirety as a
part of CMS Industrial Equipment Company’s terms and conditions of sale in the same manner as if
fully written out in this quotation.
10. - OTHER TERMS AND CONDITIONS. No terms and conditions other than those
herein stated, and no agreement or understanding, in any way purporting to
modify these terms and conditions shall be binding upon
CMS Industrial Equipment Company unless
consented to, in writing, by a duly authorized representative of CSC Industrial.
OUR ACCEPTANCE OF YOUR PURCHASE ORDER IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THESE TERMS AND CONDITIONS.
We process orders during regular business hours (M-Th
6:30 am - 6:30 pm & F 6:30 - Noon). Approximately 80% of the items displayed on this site ship within 24 - 72 hours of receipt of your order and will arrive in 5 - 7 days from shipping date. 10% ship within 3-5 working days, 10% can take up to 4 weeks depending upon the stock of our suppliers/manufacturers.
Most items will ship from us, some will ship directly from our suppliers to you. You may receive two or three packages to complete a large order. There will not be any additional shipping charges because of multiple deliveries. On ALL orders shipping to a residential address for your protection, we require a signature upon delivery. If you request "No Signature Required" in the comments section of the order form, we will comply but the recipient is responsible for said delivery.
Within the "lower 48" states, shipping is standard ground service. Shipping
charges shown in the shopping cart are based on estimated weight, distance and
packaging and may vary when invoiced in case of a return shipping charges are
not refundable. Expedited shipment is available. Please indicate your interest
in expediting your merchandise in the comments field of the shopping cart or you
can inquire by email, or by calling us at 1-866-566-0222.
Payments, all Invoices become delinquent 1 day after due date, at which time we reserve the right to withhold future shipments.
A service charge in the amount of the lesser of 5% per month (60% Annual
Percentage Rate), or the maximum allowed by law, will be added to all invoices
that are one day past due. In the event it is necessary to place any Invoice on
these terms and conditions in the hands of an attorney for collection, Customer
shall pay CMS Industrial Equipment Company costs of collection of money due
and unpaid, including attorney’s fees.
Terms of shipping
F.O.B. Shipping point, our responsibility for delivery ceases upon
acceptance of shipment by transportation company, who acts as your
agent; the purchases and sale being completed at our facilities. All
shortages or other factory errors must be reported to the shipping
location 48 hours after receipt of merchandise. Please see clause 3. Air
shipments must be faxed to us by 11:00 A.M. CST.
By placing an order by phone or through this website, you agree to
these terms & conditions.
If you simply need advice on Product use, please
call the number below.