These Terms and Conditions of Sale apply whenever products are sold to a Customer in the United States.
- BAND-IT may provide quotes in writing or by phone, e-mail or fax. If a quote given by phone is confirmed by BAND-IT in writing or by e-mail or fax, the price in BAND-IT’s written confirmation, e-mail or fax shall be deemed to be the quoted price.
- Unless and except to the extent expressly stated otherwise by BAND-IT in writing, quotes are non-binding and may be withdrawn or revised by BAND-IT at any time prior to acceptance of an Order by BAND-IT.
- Minimum Order amount: US $200.00 net.
- Orders may be submitted in writing. BAND-IT may, in its sole discretion, also allow Orders to be submitted by phone, e-mail or fax.
- All Orders are subject to acceptance by BAND-IT. BAND-IT may confirm acceptance of an Order in writing or by phone, e-mail or fax. Entry of an Order or shipment of the products ordered shall also constitute acceptance of an Order.
- Unless and except to the extent expressly stated otherwise by BAND-IT in writing, these Terms and Conditions shall apply to all Orders. No additional or different terms and conditions that may be set forth in or referenced on Customer’s Order form shall apply to any Order or be binding on BAND-IT.
- No Order accepted by BAND-IT may be cancelled by Customer without BAND-IT’s consent. Order cancellation charges may be imposed on Customer by BAND-IT in connection with the cancellation of an Order.
- All Orders and terms of payment are subject to BAND-IT credit approval.
- Price shall be the price quoted by BAND-IT or, if no price is quoted, the price listed in BAND-IT’s published price list in effect at the time of Order entry, plus, in each case, any applicable surcharges. All prices are in US Dollars.
- BAND-IT may increase prices or impose surcharges to pass through increases in BAND-IT’s costs and otherwise after a price is quoted. In addition, prices may be increased and surcharges may be imposed if Customer requests changes in shipping dates, quantities or specifications or otherwise modifies an Order.
- All prices are net prices to BAND-IT and are exclusive of sales taxes, duties, customs broker fees, and other similar taxes and charges. All such taxes and charges shall be the sole responsibility of Customer and, to the extent paid by BAND-IT, may be invoiced to Customer by BAND-IT.
- All prices are FCA (Incoterms 2011) origin (BAND-IT’s Denver, Colorado, facility).
- All products will be shipped from BAND-IT’s Denver, Colorado, facility.
- Title to product passes to Customer and all risk of loss and damage to product shall pass to Customer immediately upon shipment, and Customer shall look solely to the carrier for any loss or damage during shipment.
- Orders with a net value under US$750.00 will be shipped by the most direct and economical method in one of three ways: freight collect, freight prepaid and added, or by third party billing.
- Orders with a net value of US$750.00 or greater with a destination within the 48 contiguous States of the United States will be shipped freight prepaid by the most economical method. For other destinations inside or outside the United States, freight terms will be specified by BAND-IT after receipt of the Order.
- For Customer requested multiple shipments against the same Order, each shipment will be treated as a separate Order for freight terms.
- Customer requested expedited or premium shipment (e.g. air) will be shipped freight collect, prepaid and added, or by third party billing regardless of Order net value.
- Net 30 days from date of invoice. Payment date is the date funds are received and acknowledged by BAND-IT.
- Amounts not paid within terms are subject to a 1.5% per month service charge or the maximum rate permitted by applicable law, whichever is less.
- Visa and MasterCard are accepted for payment.
- BAND-IT retains and is granted a first lien and security interest in all products and proceeds to secure payment of the price and other amounts payable to it in connection with an Order. In the event Customer fails to pay any amount within terms, BAND-IT may exercise any and all rights granted to a secured creditor under the Uniform Commercial Code and other applicable law. Customer authorizes BAND-IT to file and sign in its name all such UCC statements and other documents that BAND-IT deems necessary or appropriate to evidence and enforce its first lien and security interest in products and proceeds.
- BAND-IT and its affiliated companies shall have the right to set off and deduct amounts due to BAND-IT and its affiliated companies from Customer and its affiliated companies against amounts due to Customer and its affiliated companies in connection with returns or otherwise.
- All payments must be made in US Dollars.
- Other payment terms may apply at BAND-IT’s discretion.
Performance Specifications: Performance specifications for BAND-IT products in promotional and technical literature and materials are determined under controlled laboratory conditions and according to specific test requirements. The results of these tests are not intended to define the performance of any BAND-IT product under actual conditions or specific applications. BAND-IT does not warrant the suitability of any BAND-IT product for any specific application, and Customer will have sole responsibility for determining the suitability of BAND-IT products for its application.
Warranty: Except as stated above under Performance Specifications and below under Warranty Exceptions and Exclusions:
- BAND-IT warrants that BAND-IT products will conform to BAND-IT’s published specifications at time of shipment for a period of 12 months from the date of invoice.
- THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY BAND-IT. NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE QUALITY, WORKMANSHIP, MATERIALS, DESIGN, PERFORMANCE OR SUITABILITY OF ANY BAND-IT PRODUCT.
- If a warranty claim is approved by BAND-IT, BAND-IT will either replace or repair the non-conforming BAND-IT product free of charge or, at BAND-IT’s sole discretion, refund or credit to Customer the purchase price it paid for such non-conforming BAND-IT product. Such replacement, repair, refund or credit will be BAND-IT’s sole liability and obligation and Customer’s sole remedy with respect to any nonconforming or defective BAND-IT product. All BAND-IT products that are replaced shall be the property of BAND-IT. Customer shall be responsible for all freight charges in connection with any replacement or repair.
Warranty Exceptions and Exclusions: Notwithstanding anything to the contrary:
- BAND-IT products that are quoted as being sold “Without Warranty” are not warranted.
- BAND-IT products that are quoted with a warranty less than 12 months from the date of invoice are warranted only for the period specified in the quote.
- Tool components that are subject to normal wear and tear (e.g. knives, blades, grippers, etc.) are not warranted.
- Tool repairs and tools sold as "Used" or "Reconditioned" are warranted only for 90 days from date of invoice.
- A warranty claim must be asserted during the applicable warranty period, and BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if a warranty claim is asserted after the expiration of the applicable warranty period for such BAND-IT product.
- A warranty claim must be asserted within 7 days after Customer discovers or should have discovered that a BAND-IT product does not conform to BAND-IT’s published specifications at time of shipment, and BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if a warranty claim is asserted more than 7 days after Customer discovers or should have discovered that such BAND-IT product did not conform to BAND-IT’s published specifications at time of shipment, notwithstanding that the warranty claim may be asserted during the applicable warranty period for such BAND-IT product.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if BAND-IT is not given the opportunity, after receiving a warranty claim with respect to such BAND-IT product, to examine such BAND-IT product at its Denver, Colorado, facility.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if Customer makes any further use of such BAND-IT product after asserting a warranty claim with respect to such BAND-IT product.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if the nonconformity to BAND- IT’s published specifications at time of shipment is directly or indirectly attributable to normal wear, neglect, misuse, modification, improper installation, improper repair, failure to follow BAND-IT’s oral or written instructions, damage during or after shipment, or any non-BAND-IT product, component or tool with which such BAND-IT product is used.
- BAND-IT makes no warranty with respect to products of other manufacturers that BAND-IT may sell. Any warranty with respect to products of other manufacturers shall be limited to a pass through of the other manufacturer’s warranties to the extent permitted by the manufacturer.
- In no event shall BAND-IT or any of its affiliated companies have any liability in connection with any Order or product for special, incidental, indirect, consequential or punitive damages, including, but not limited to, any loss of sales, profits, income or business, loss of contracts, loss of goodwill, damage to reputation, loss of property, or loss of information or data, whether or not advised of the possibility of such damages.
- In no event shall BAND-IT and its affiliated companies have any liability in connection with any Order or product in an aggregate amount in excess of the lesser of (i) in the case of any individual Order, the total price payable to BAND-IT by Customer under the Order, or (ii) in the case of any individual product, 125% of the price that Customer paid BAND-IT for such product.
- Warranty Claim: If requested by BAND-IT, product that is the subject of a warranty claim must be returned to BAND-IT. Prior to return, a Return Goods Authorization (RGA) number or Tool Repair (TR) number must be obtained from BAND-IT customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA or TR number on the outside of the packaging and on the packing list and returned freight prepaid. If the warranty claim is approved, replacement, repair, refund or credit for the non- conforming BAND-IT product is typically made within 30 days after receipt of the product by BAND-IT.
- Non-Warranty Tool Repair: Prior to return for repair, a Tool Repair (TR) number must be obtained from BAND-IT customer service. Returned tool must be clearly marked with the TR number on the outside of the packaging and on the packing list and returned freight prepaid. After repair, tool will be returned freight collect and a repair invoice will be issued.
- Wrong Product/Excess Quantity Shipped: If the wrong product or excess quantity is shipped, the wrong product or excess quantity may be returned to BAND-IT for credit within 30 days of shipment. If more than 30 days has elapsed since shipment, the return will be treated as an Other Return as provided below. Prior to return, a Return Goods Authorization (RGA) number must be obtained from BAND-IT customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA number on the outside of the packaging and on the packing list and returned freight collect. If the claim is approved, credit for the returned product is typically made within 30 days after receipt of the product by BAND-IT.
- Other Returns: Except as provided above under Wrong Product/Excess Quantity Shipped, returns for credit are at the sole discretion of BAND-IT, and BAND-IT reserves the right to refuse to accept the return of any product. Prior to return for credit, a Return Goods Authorization (RGA) number must be obtained from BAND-IT Customer Service. An invoice number and date of purchase are required. Returned product must be unused, undamaged and complete, in its unopened original box or packaging, immediately resaleable, clearly marked with the RGA number on the outside of the return packaging and on the return packing list, and returned freight prepaid. An offsetting Order of equal or greater value may be required as a condition to approval of a return. Return acceptance and credit are subject to inspection of returned product by BAND-IT. If BAND-IT approves the return it will be subject to a minimum restocking charge of 15% of the original invoiced value of the product.
Returns: Make return requests to BAND-IT customer service with type of product, quantity, price paid, invoice number and date of purchase. Credits may not be deducted unless and until credit memo has been issued.
Intellectual Property: All patents and other intellectual property rights in relation to BAND-IT products remain the sole and exclusive property of BAND-IT.
Force Majeure: Notwithstanding anything to the contrary, BAND-IT shall not be liable for any delay in performance or inability to perform that is directly or indirectly attributable to or caused by any circumstance or event beyond its reasonable control, including, but not limited to, war; riot; civil disturbance; act of terrorism; accident; sabotage; theft; malicious damage; confiscation; nationalization; embargo; compliance with law, rule, regulation or governmental or regulatory order or directive; act of government or authority; interruption, shortage or restriction in transportation, power, utilities, materials, parts or components; damage or destruction of facilities or equipment; natural disaster; fire; explosion; flood; storm; strike; lockout; labor dispute; labor shortage; epidemic or other widespread illness, or breach or default of suppliers or subcontractors.
Export Controls: Products and related technical information, data, documents and materials are subject to export controls under U.S. Export Administration Regulations and Department of the Treasury embargo regulations. Customer shall strictly comply with all such export controls and shall fully cooperate with BAND-IT in any official or unofficial investigation, audit or inspection that relates to any of such controls, and shall not export, re-export, divert or transfer, directly or indirectly, any products or related technical information, data, documents and materials to any party or destination or for any use that is subject to an embargo or otherwise prohibited pursuant to such controls, unless Customer has obtained all required U.S. governmental and regulatory approvals, authorizations and licenses.
Governing Law: Quotes, orders, acceptances and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States and the State of Delaware, and the rights, liabilities and obligations of BAND-IT and Customer shall be determined under the laws of the United States and the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Modification: BAND-IT shall have the right to modify these Terms and Conditions at any time in its sole discretion. No course of dealing between BAND-IT and Customer shall operate to modify or waive any of the provisions of these Terms and Conditions.
Other Terms and Conditions: Other terms and conditions may apply only if and to the extent specifically set forth and agreed to in writing by BAND-IT.