Application of Terms & Conditions of Sale
Our Terms and Conditions apply to all purchases and sales of items offered on this Website, and your purchase means you have accepted our Terms & Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms & Conditions of Sale; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and INDUSTRYCONTROLLING LLC in a separate mutual writing. Additional terms are not binding unless agreed to by INDUSTRYCONTROLLING LLC in a separate writing. We reserve the right to decline fulfilling orders at our discretion.
Customers transacting e-Commerce business with INDUSTRYCONTROLLING LLC on our Website and/or via third party platforms are subject to the Website Terms of Use, and other limitations appearing on and applicable to visitors and users of our Website, found at www.industrycontrolling.com.
Pricing & Charges
Product: Prices and charges on this Website are effective immediately when displayed on our Website and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time. Availability may vary according to supply and demand.
Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for orders will be subject to the carrier’s published rates plus an additional handling charge of $5.50 (U.S. dollars) per order. In rare cases, shipping charges may be less than or greater than INDUSTRYCONTROLLING LLC’s actual cost to process and ship.
Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier’s discretion. INDUSTRYCONTROLLING LLC will pass on the surcharge as part of the total shipping cost indicated at the time of checkout.
Minimum Order: A minimum of $25.00 (U.S. dollars) will be charged with any order value of $25.00 or less.
Terms & Billing Options
Net 30 days on approved open accounts from date of invoice. In addition to open accounts, we also accept payments by most major credit cards. INDUSTRYCONTROLLING LLC has multiple payment/billing options. If an open account customer fails to make full payment within thirty (30) days from date of invoice, INDUSTRYCONTROLLING LLC may defer any further shipments or other orders, or cancel any portion of an unshipped order.
INDUSTRYCONTROLLING LLC further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. It is understood and agreed that customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees, collection agency fees and court costs incurred by INDUSTRYCONTROLLING LLC in connection with any collection action for payment of the amounts due herein.
INDUSTRYCONTROLLING LLC makes available certain payment processes through which you can provide payment information to us when you pay for your order (our “Accepted Payment Methods”). Our Accepted Payment Methods include providing payment information by telephone, by email, or through our Website checkout page. INDUSTRYCONTROLLING LLC has implemented physical, technological and administrative safeguards intended to protect the information that you provide using our online payment process. If you do not use a secure internet connection or provide payment information through some other method (such as via phone or email), then safeguards provided by us may not protect your payment information, and you will provide such information at your own risk. INDUSTRYCONTROLLING LLC expressly disclaims all responsibility regarding the collection, use and protection of information that was not submitted through our online webstore checkout process.
Delivery
Most orders are shipped by UPS. INDUSTRYCONTROLLING LLC or the manufacturer of the goods may use various carriers. Items that are shipped directly from manufacturers will take longer, so items ordered together may not always arrive in the same box or on the same day. All orders are shipped FCA by INDUSTRYCONTROLLING LLC or the manufacturers. Title and risk of loss pass to customer on delivery to the carrier or upon customer pickup. Orders placed on Fridays (after our local cut-off time), weekends or holidays will be shipped on the next regular business day.
Damaged or Lost Shipments
UPS Ground or other package carriers: Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into INDUSTRYCONTROLLING LLC at +1 (212) 837 8474 or e-mailed to contact@industrycontrolling.com within seven (7) calendar days of order delivery.
Warranties
General Warranty: Except as otherwise stated, the only warranties applying to goods sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. EXCEPT AS SET FORTH HEREIN, INDUSTRYCONTROLLING LLC MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. INDUSTRYCONTROLLING LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST INDUSTRYCONTROLLING LLC BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER’S WARRANTIES. OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund for the purchase price of an item will be given, subject to our Q.A. inspection, for any defective item returned to us and received by us within 30 days of the date of shipment in its original packaging. Any products found by INDUSTRYCONTROLLING LLC or the manufacturer to be modified, altered, misused, abused or neglected will void any warranty. This warranty is void outside of the U.S.A. and Canada.
Manufacturer’s Responsibility: The customer recognizes that INDUSTRYCONTROLLING LLC is a distributor and not a manufacturer or fabricator, and all applicable product specifications, representations and warranties are solely those of the manufacturer or fabricator of the products sold. INDUSTRYCONTROLLING LLC’s liability hereunder for any claim of loss or damage of any kind whatsoever by the customer arising from a breach of any such specifications, representations or warranties by the manufacturer or fabricator shall be limited to reimbursement of the price paid for the specific item sold, and other than such reimbursement, as between the customer and INDUSTRYCONTROLLING LLC, the customer’s sole and exclusive recourse for such loss or damage is to the manufacturer or fabricator of the products. Customer waives any right of set-off or cover under the Uniform Commercial Code or otherwise.
Limited Liability: IN NO EVENT SHALL INDUSTRYCONTROLLING LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDUSTRYCONTROLLING LLC shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of INDUSTRYCONTROLLING LLC. The value of the defective goods is our only liability.
Online Shop Errors
Although all information in the INDUSTRYCONTROLLING LLC online shop has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction.
Compliance with Laws
Some goods may be obtained from multiple supply sources and shipped directly to the customer without sending the item through INDUSTRYCONTROLLING LLC. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. INDUSTRYCONTROLLING LLC relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped.
The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by INDUSTRYCONTROLLING LLC to be accurate. INDUSTRYCONTROLLING LLC, however, shall not be responsible for how products are used or installed or for the product’s conformance to regional, state, or local codes or regulations. INDUSTRYCONTROLLING LLC does not guarantee compliance with any law and assumes no responsibility for how the goods are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the goods.
Import & Export Controls
Some of INDUSTRYCONTROLLING LLC goods, especially TAVADEC SA made to order parts, may be subject to U.S. or Canadian import & export control laws, regulations and administrative policies, depending on the intended use and application of the parts. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of goods contrary to U.S. or Canadian law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency or the respective Canadian governmental departments or bureaus, as applicable prior to importation or exportation of TAVADEC SA made to order parts. Customer further understands that it is unlawful to import, export, re-export or transfer, or to attempt to import, export, re-export or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries. It is the customer’s responsibility to be aware of these Lists and Embargoes.
Country of Origin Information
The Country of Origin for all manufactured or fabricated goods and parts sold by INDUSTRYCONTROLLING LLC is Switzerland (CH).
Provisions
Independent Contractors: INDUSTRYCONTROLLING LLC and Customer are independent contractors and not principal and agent. Nothing contained in these Terms & Conditions of Sale shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate INDUSTRYCONTROLLING LLC in any manner, nor will Customer represent to anyone that it has the right to do so.
Intellectual Property: Customer shall have no right to copy or use any of the intellectual property of INDUSTRYCONTROLLING LLC or its suppliers without INDUSTRYCONTROLLING LLC’s permission. All materials contained on INDUSTRYCONTROLLING LLC‘s Website are subject to the ownership rights of INDUSTRYCONTROLLING LLC and its suppliers.
Controlling Law & Venue
The provisions of the Uniform Commercial Code, as adopted in New York, shall apply (except as expressly modified hereby) with no application of the United Nations Convention on Contracts for the International Sale of Goods. All transactions shall be governed by the laws of the State of New York, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in New York County, State of New York.
Effective date: May 1, 2018