TERMS AND CONDITIONS

PAYMENT TERMS: Special terms printed on customers orders will not be recognized where they differ from our terms.

SET OFF, ETC: Buyer shall have no right of set off, offset, nor any right to withhold payment of amounts due ICS for any completed or partially completed order based on any alleged claims connected with other transactions, sales or orders.

CREDIT: Open account priviledges are extended to any firm having a satisfactory D & B rating. New accounts should submit three trade references and one bank reference with complete information. All references will be checked promptly and shipment will be made as quickly as possible. If immediate delivery is required before references can be checked, please include check or C.O.D. authorization, or you can charge the order to your Mastercard.

DELIVERIES: Delivery periods and shipping dates are given in good faith, but are not of the essence of the contract. Tools are offered subject to prior sale.

SPECIAL CUTTING TOOLS: Inquiries for non-standard catalog items are invited. Special orders manufactured to your custom specifications may not be cancelled following our acceptance of your order and are non-returnable. All orders for “specials”, i.e. non-catalogued items must be confirmed in writing. ICS reserves the right to consider any such order complete when quantity is shipped within plus or minus 10% of specified quantity.

SPECIFICATIONS: All tools are described and illustrated as accurately as possible in the ICS catalog, and are manufactured at least to the level of internationally accepted standards. Insignificant variations of tools from their stated dimensions or descriptions will not constitute a breach of contract or be a valid reason to return tools.

RETURN GOODS: Returns can only be made within 30 days of delivery and will only be accepted with a return goods authorization number and label issued by ICS. No returns will be accepted for credit without a return goods authorization number. If this number is not on outside of package, delivery will be refused. All returns, so accepted are subject to a restocking charge of 20%. If items cannot be returned to stock, no credit will be given. Discontinued items and items held for 30 days will not be accepted. Credit for returns shall exclude freight charges both ways. Freight collect returns will not be accepted.

UPS - SHORTAGE OR DAMAGE: Shipments by ICS remain the property of ICS Cutting Tools until you sign driver delivery sheet stating goods were received in good condition. If any packages are damaged, broken open or have been retaped, have driver note this on delivery record. If driver refuses to note obvious damage, refuse shipment and we will reship. Any box you suspect has been retaped should be weighed to verify that shipping weight and receiving weight are the same. Notify your local UPS office and ICS Cutting Tools immediately so we can reship tools and file claim. Keep damaged tools and container for UPS inspection or until advised to dispose.

WARRANTY

ICS CUTTING TOOLS, INC. warrants to original equipment manufacturers, distributors, and industrial and commercial users of its products that each new product manufactured or supplied by ICS CUTTING TOOLS shall be free from defects in material and workmanship. ICS CUTTING TOOLS’ sole obligation under this warranty is limited to furnishing without additional charge for a replacement for, or at its option, repairing or issuing credit for any product which shall within 30 days from the date of sales by ICS CUTTING TOOLS be returned freight prepaid to the plant designated by an ICS CUTTING TOOLS representative and which upon inspection is determined by ICS CUTTING TOOLS to be defective in materials or workmanship.

Complete information as to operating conditions, machine setup and application of cutting fluid should accompany any product returned for inspection. The provisions of this warranty shall not apply to any ICS CUTTING TOOLS product which has been subject to misuse, improper operating conditions, machine setup or application of cutting fluid or which has been repaired or altered if such repair or alteration in the judgement of ICS CUTTING TOOLS would adversely affect performance of the product.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE. ICS CUTTING TOOLS’ sole liability on any claim of any kind, whether in contract, tort or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery or use of the products sold hereunder shall in no case exceed the cost of replacement or repair as provided herein.

IN NO EVENT SHALL ICS CUTTING TOOLS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. There are no other warranties, expressed or implied made by ICS CUTTING TOOLS except the warranty against defects in material and workmanship set forth above and ICS CUTTING TOOLS neither assumes nor authorizes any person or firm to assume for it any other obligations or liablity in connection with its products.