Terms and Conditions

Terms and Conditions of Sale

ACCEPTANCE-QUOTATIONS/INVOICES: THE GOODS BEING OFFERED HEREIN ARE SUBJECT TO PRIOR SALE AND ARE INTENDED FOR IMMEDIATE ACCEPTANCE. BY THE ISSUANCE OF A PURCHASE ORDER, BUYER ACCEPTS COMPLETELY AND EXCLUSIVELY THE TERMS AND CONDITIONS HEREIN, WHICH INCORPORATED WITH THE SPECIFIC MACHINE BUILDER(S) TERMS AND CONDITIONS, CONSTITUTE THE ENTIRE CONTRACT. TENSILEMILL CNC, SHALL NOT BE BOUND BY ANY OTHER TERMS CONTAINED WITHIN THE BUYER'S PURCHASE ORDER OR ANY OTHER DOCUMENT WHICH ATTEMPTS TO IMPOSE CONDITIONS AT VARIANCE WITH THE TERMS AND CONDITIONS OF THIS QUOTATION/INVOICE UNLESS SAID VARIANCE IS SPECIFICALLY AGREED TO IN WRITING. ALL QUOTATIONS AND ACCEPTANCES OF ORDERS ARE MADE WITH THE MUTUAL UNDERSTANDING THAT ORDERS ARE NOT SUBJECT TO CANCELLATION. THE SHIPPING DATE IS APPROXIMATE ONLY AND MAY BE SUBJECT TO DELAYS AND AVAILABILITY OF GOODS. BUYER AGREES TO RECEIVE GOODS IN A TIMELY MANNER; ANY STORAGE FEES BECOME THE RESPONSIBILITY OF AND ARE TO BE PAID BY THE BUYER. AN ORDER RESULTING FROM THIS QUOTATION IS TO BE MADE IN FAVOR OF TENSILEMILL CNC AND BECOMES BINDING ONLY UPON ACCEPTANCE BY TENSILEMILL CNC. IT IS A CONDITION OF SUCH ACCEPTANCE THAT THE TERMS AND CONDITIONS SET FORTH IN. THE DESIGN OF THE MAIN INSTRUMENT INCLUDING EXTERNAL AND INTERNAL COMPONENTS MAY CHANGE WITHOUT NOTICE, PROVIDED ALL INITIALLY DISCUSSED TECHNICAL SPECIFICATIONS AGREED UPON BY THE CUSTOMER ARE MET.

THIS QUOTATION SHALL GOVERN AND, IF SUCH TERMS OR CONDITIONS CONFLICT WITH THE CUSTOMER'S, THE POINT(S) IN QUESTION, SHALL BE NEGOTIATED BY THE BUYER BEFORE THE TIME OF ACCEPTANCE OF THE ORDER BY TENSILEMILL CNC, AND BECOME BINDING UPON THE DULY EXECUTED DOCUMENT SIGNED BY BOTH PARTIES. THIS AGREEMENT SHALL BE AN ONTARIO CONTRACT AND SHALL BE INTERPRETED AND ADMINISTERED FOR ALL PURPOSES UNDER THE LAWS OF THE PROVINCE OF ONTARIO.

TERMS: TERMS FOR NEW EQUIPMENT ARE STATED IN EACH SPECIFIC QUOTATION AND BECOME BINDING UPON ACCEPTANCE OF THE ORDER BY TENSILEMILL CNC. ALL SALES ARE SUBJECT TO APPLICABLE FEDERAL, STATE, AND LOCAL USE, SALES, AND EXCISE TAXES WHICH THE BUYER AGREES TO PAY, AND WHICH MAY BE BILLED AS PART OF THE SELLING PRICE, OR SEPARATELY, IF TENSILEMILL CNC IS REQUIRED BY ANY TAXING AUTHORITY TO COLLECT AND PAY SUCH A TAX.

CANCELLATION: IN THE EVENT THAT THE PURCHASER CANCELS AN ORDER, TENSILEMILL CNC RESERVES THE RIGHT TO INVOICE PURCHASER AN AMOUNT EQUAL TO TENSILEMILL'S FULL COST OF WORK PERFORMED, NON-REFUNDABLE PURCHASED SERVICES, AND MATERIALS PURCHASED TO AND INCLUDING THE DATE OF CANCELLATION WHICH INVOICE THEREOF SHALL BE DUE AND PAYABLE IMMEDIATELY UPON RECEIPT BY PURCHASER.

IF THE SUPPLIED EQUIPMENT PERFORMS ACCORDING TO THE SPECIFIED TECHNICAL DELIVERABLES BUT A RETURN IS REQUESTED, THE EQUIPMENT MAY BE RETURNED AND REFUNDED AS A DEMO SYSTEM. THE CLIENT IS RESPONSIBLE FOR SHIPPING THE EQUIPMENT BACK TO TENSILEMILL CNC. UPON RECEIPT AND INSPECTION OF THE EQUIPMENT, A REFUND OF 55% TO 65% OF THE ORIGINAL PURCHASE PRICE WILL BE ISSUED BASED ON THE EQUIPMENT'S CONDITION.

TITLE: TITLE SHALL NOT PASS TO BUYER UPON DELIVERY OF THE GOODS, BUT SHALL REMAIN VESTED IN TENSILEMILL CNC UNTIL THE ENTIRE PURCHASE PRICE AND APPLICABLE FEES AND TAXES ARE PAID IN FULL.

CLAIMS: IN THE EVENT OF ANY DAMAGE IN TRANSIT, IT IS EXPRESSLY AGREED THAT THE BUYER'S SOLE AND EXCLUSIVE REMEDY SHALL BE A CLAIM FOR SUCH GOODS, WITH THE RIGGER OR FREIGHT HANDLER. TENSILEMILL CNC WILL NOT ACCEPT LIABILITY FOR A REFUND OF ANY KIND FOR GOODS DAMAGED OR ALTERED IN ANY WAY, AND IN NO EVENT OR CIRCUMSTANCE SHALL TENSILEMILL CNC BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.

TENSILEMILL CNC WILL HOLD NO FINANCIAL RESPONSBILITY NOR OBLIGATIONS FOR LATE DELIVERIES

WARRANTIES: TENSILEMILL CNC WARRANTS EQUIPMENT IT SELLS FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT TO THE PURCHASER. AS LONG AS THE EQUIPMENT IS IN THE POSSESSION OF THE ORIGINAL PURCHASER, TENSILEMILL CNC WILL REPLACE OR REPAIR, AT ITS OPTION, FREE OF CHARGE, ANY PART, WITH EXCEPTION OF ANY COMPONENT (E.G., AXIS DRIVES) COVERED BY AN ORIGINAL MANUFACTURER WARRANTY, WHICH UPON TENSILEMILL CNC'S EXAMINATION, IS FOUND TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL. TENSILEMILL CNC WILL PROVIDE PURCHASER WITH PROOF OF VALID ORIGINAL MANUFACTURER WARRANTY ON ANY/ALL SUCH COMPONENTS INCLUDED IN THE EQUIPMENT PURCHASED; PURCHASER IS REFERRED TO SAID ORIGINAL MANUFACTURER WARRANTY FOR TERMS AND CONDITIONS THEREOF. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON TENSILEMILL'S PART. TENSILEMILL CNC EXPRESSLY DENIES THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR TENSILEMILL ANY OTHER LIABILITY IN CONNECTION WITH ITS SALE OF EQUIPMENT. TENSILEMILL'S OBLIGATION UNDER THIS WARRANTY SHALL BE STRICTLY AND EXCLUSIVELY LIMITED TO FURNISHING LABOR AND MATERIALS REQUIRED FOR REPAIRING OR REPLACING PARTS WHICH ARE DETERMINED TO BE DEFECTIVE ON INSPECTION BY OUR EMPLOYEE, AGENT, OR AUTHORIZED REPRESENTATIVE. THE DETERMINATION OF TENSILEMILL CNC REPRESENTATION SHALL BE FINAL. TENSILEMILL SHALL NOT REIMBURSE PURCHASER FOR REPAIR, REPLACEMENT, PACKING OR SHIPPING COSTS INCURRED WITHOUT WRITTEN CONSENT OF AN TENSILEMILL CNC AUTHORIZED REPRESENTATIVE.

LIMITATION OF LIABILITY: IN NO EVENT SHALL TENSILEMILL CNC BE LIABLE TO PURCHASER
FOR LOSS OF PROFITS, LOSS OF USE, OR DAMAGES OF ANY KIND ARISING FROM A CLAIM FOR BREACH OF WARRANTY OR FOR FAULTY WORKMANSHIP OR MATERIAL, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES AND INCIDENTAL DAMAGES EXCEPT AS THEY MAY BE IMPOSED BY LAW IN THE CASE OF PERSONAL INJURIES FROM "CONSUMER GOODS." TENSILEMILL'S WARRANTIES AS SET FORTH ABOVE SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GROW OUT OF TENSILEMILL'S RENDERING OF TECHNICAL ASSISTANCE OR SERVICE IN CONNECTION WITH PURCHASER'S ORDER FOR ANY EQUIPMENT FURNISHED UNDER THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY WHATSOEVER FOR LOSS OF USE OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING (WHETHER IN TORT, STRICT LIABILITY. CONTRACT, NEGLIGENCE OR OTHER).

LATE FEES: THE BUYER ACKNOWLEDGES AND AGREES THAT IF THE BALANCE PAYMENT IS NOT MADE WITHIN THE APPROVED NET TERMS, A MONTHLY INTEREST CHARGE OF 8% OF THE GROSS ORDER VALUE WILL BE APPLIED FOR EACH DELINQUENT MONTH UNTIL THE INVOICE IS PAID IN FULL. THE APPLICATION OF INTEREST CHARGES DOES NOT WAIVE THE SELLER'S RIGHT TO PURSUE ANY OTHER LEGAL REMEDIES AVAILABLE FOR THE COLLECTION OF OUTSTANDING PAYMENTS.

INDEMNIFICATION: BUYER/CUSTOMER/USER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND TENSILEMILL CNC FROM ANY AND ALL CLAIMS, LIABILITIES OR LAWSUITS ARISING OUT OF THE USE OF, OR IN ANY WAY INVOLVING INJURY OR ACCIDENT OCCASIONED BY SAID EQUIPMENT. SAID AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, THE DUTY TO INDEMNIFY, HOLD HARMLESS AND DEFEND TENSILEMILL CNC IN ANY OF THE FOLLOWING SITUATIONS: CLAIMS INVOLVING OR ALLEGING IMPROPER OR NEGLIGENT DESIGN, MAINTENANCE, CONSTRUCTION, RECONSTRUCTION, REPAIR, ALTERATION OR MODIFICATION OF THE EQUIPMENT BY TENSILEMILL CNC, ITS AGENTS OR EMPLOYEES; CLAIMS INVOLVING OR ALLEGING BREACH OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR SAFETY OF THE EQUIPMENT; CLAIMS INVOLVING ALLEGATIONS OF FAILURE, NEGLIGENT OR OTHERWISE, ON THE PART OF FEDERAL, STATE, OR LOCAL GOVERNMENT STATUTES, RULES OR REGULATIONS, OR AS IS CUSTOMARY IN THE TRADE; AND CLAIMS INVOLVING OR ALLEGING NEGLIGENCE BY TENSILEMILL CNC, EITHER ALONE OR JOINTLY WITH BUYER OR ANY OTHER PERSON, FIRM OR ORGANIZATION. BUYER/CUSTOMER/USER SPECIFICALLY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND TENSILEMILL CNC FROM ANY AND ALL CLAIMS ALLEGING NEGLIGENCE ON THE PART OF TENSILEMILL CNC, AND WAIVES BENEFIT OF ANY LAWS, RULES, OR REGULATIONS CONTRARY TO, OR IN LIMITATION OF THIS AGREEMENT. THE INVALIDITY, NOW OR IN THE FUTURE, OF ANY OF THE COVENANTS RECITED HEREIN SHALL NOT AFFECT THE VALIDITY OF THE REMAINING COVENANTS. UNDER NO CIRCUMSTANCES SHALL TENSILEMILL CNC OR ANY AFFILIATE OF OURS HAVE ANY LIABILITY WHATSOEVER FOR THE LOSS OF USE OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGE.

Novice Level
In order to reach this level, the client needs to purchase at minimum of $ 1,500.00 USD worth of consumables and spare parts outside to be counted towards their lifetime volume for membership level qualifications. Offer applies to all spare parts and consumables offered by TensileMill CNC Inc. after the initial turnkey system acquisition.

Benefits:
2.5% OFF All Consumables and Spare Parts Orders
2.5% OFF Our Lowest Pricing on Tensile Sample Preparation and Tensile Testing Equipment
2.5% OFF Our Lowest Resale Pricing for Additional Quality Control Equipment

Conditions:

• Spare parts and consumables purchased as a turnkey package for any given quality control system offered by TensileMIll CNC Inc. do not count towards the lifetime volume
• Free or promotional consumable and spare part offers do not count towards the lifetime volume

Skilled Level
In order to reach this level, the client needs to purchase at minimum of $ 1,500.00 USD worth of consumables and spare parts outside to be counted towards their lifetime volume for membership level qualifications. Offer applies to all spare parts and consumables offered by TensileMill CNC Inc. after the initial turnkey system acquisition.

Benefits:
5% OFF All Consumables and Spare Parts Orders
5% OFF Our Lowest Pricing on Tensile Sample Preparation and Tensile Testing Equipment
5% OFF Our Lowest Resale Pricing for Additional Quality Control Equipment
FREE Shipping On All Select Consumable Orders with Purchases Over $ 300.00 (up to $ 45.00)

Conditions:

• Spare parts and consumables purchased as a turnkey package for any given quality control system offered by TensileMIll CNC Inc. do not count towards the lifetime volume
• Free or promotional consumable and spare part offers do not count towards the lifetime volume
• The Free Shipping bonus applies to all consumables and spare parts based on estimated shipping charges up to $ 45.00 USD. Additional shipping fees will be applied to

Professional Level
In order to reach this level, the client needs to purchase at minimum of $ 1,500.00 USD worth of consumables and spare parts outside to be counted towards their lifetime volume for membership level qualifications. Offer applies to all spare parts and consumables offered by TensileMill CNC Inc. after the initial turnkey system acquisition.

Benefits:
10% OFF All Consumables and Spare Parts Orders
10% OFF Our Lowest Pricing on Tensile Sample Preparation and Tensile Testing Equipment
10% OFF Our Lowest Resale Pricing for Additional Quality Control Equipment
FREE Shipping On All Select Consumable Orders with Purchases Over $ 300.00* (up to $ 100.00)
FREE ANNUAL BONUS OFFERS Includes Over $ 150.00+ of Free Merchandise, Additional Discounts and Incentives

Conditions:

• Spare parts and consumables purchased as a turkney package for any given quality control system offered by TensileMIll CNC Inc. do not count towards the lifetime volume
• Free or promotional consumable and spare part offers do not count towards the lifetime volume
• The Free Shipping bonus applies to all consumables and spare parts based on estimated shipping charges up to $ 100.00 USD. Additional shipping fees will be applied to
• The Free Annual Bonus Offers can be applied towards any product or service offered by TensileMill CNC Inc with a minimum purchase volume of $ 500.00 in a given fiscal year.