Terms & Conditions

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of our Purchase Order Terms

Payment Terms
Net 30 days (to credit approved customers).
The customer agrees to indemnify and hold PCS Company harmless for any and all costs and expenses incurred by PCS Company including collection costs, reasonable attorneys’ fees and court costs, in connection with collection of invoices and/or the enforcement of any of its
rights hereunder.

Pricing
All items are billed at prices in effect at the time
of shipment. Prices are subject to change without notice.

F.O.B.
Shipping point: Prepaid and billed, or collect.

Shipping
All shipments will be made via UPS, Federal Express, or any available carrier requested by the customer. We are not responsible for transportation charges, damage or delays encountered during such transportation. All risk of loss passes to customer upon shipment of the products by PCS.

Claims
Claims for any shortages, errors, or defects must
be made within ten (10) business days from
receipt of shipment.

Returns
Approval must be obtained from PCS, prior to the return of any merchandise. Upon receipt of returned parts, and inspection approved by a PCS authorized representative, credit will be issued to customers account provided the parts are unused and in saleable condition as determined by PCS in their sole discretion. All parts made to customer specifications are not returnable. All cut-to-length wearplates are not returnable. Cost of a return is the responsibility of the customer, unless otherwise agreed upon. Please see Restocking Charge for
all charges.

Restocking Charge
There is no restocking charge on standard items returned to PCS within 30 days of invoicing, with pre-approved authorization otherwise a 10% restocking fee will be charged. There is a 10% restocking fee on all returned Standard Mold Bases and must have a pre-approved authorization and returned in re-sellable condition. PCS reserves the right to pass on to the customer any restocking charge issued by an original manufacturer.

Warranty
PCS warrants that its products are made from quality materials using processes designed to produce consistent quality. Due to the wide variety of applications, mold designs, molding conditions and possible uses by our customers, no other warranties are expressed or implied including, but not limited to, there being no warranty of merchantability and no warranty
of fitness for particular purpose.


 

Liabilities
PCS liability arising from, or in any way connected with, the items sold or this contract shall be limited exclusively to repair or replacement of the items sold, or refund of the purchase price paid by the buyer, at PCS’s sole option. In no event shall PCS be liable for any incidental, consequential, or special damages of any kind or nature whatsoever, including but not limited to, lost or anticipated profit or revenue, loss of product or loss of use of product, even if PCS has been notified of the likelihood thereof, arising from or in any way connected with this agreement or items sold here under, whether alleged to arise from the breach of contract, express or implied warranty, or in tort including without limitation, negligence, failure to warn or strict liability. Customer shall indemnify, defend and hold PCS harmless from and against any and all claims, liabilities, suits, losses, costs, expenses or damages to the extent caused by any act or omission of customer including, but not limited to, customer’s alteration and/or failure to properly use and maintain any product manufactured by PCS.

Products
PCS reserves the rights to delete, improve, and/or modify any product currently sold and/or manufactured by PCS without notification. Such action is deemed exempt from any liability or claim. Diagrams and drawings in the PCS catalog are meant to be reference only; every effort is made to verify the accuracy of such diagrams and drawings, however, accuracy is not guaranteed.

PCS Terms Control
No terms or conditions submitted by the customer to PCS, irrespective of their date, shall prevail over these terms and conditions. All orders shall be deemed to be an offer by PCS to sell goods or work pursuant to these terms and conditions and acceptance of the order by customer shall be deemed conclusive evidence of customer’s acceptance of these terms and conditions.

Force Majeure
PCS is not liable for any alleged loss or claim made by customer or any third party which results in whole or in part from PCS being prevented or delayed in fulfilling any or all of its obligations under any order by reason of circumstances beyond its reasonable control including, but not limited to, strikes, labor disturbances, riots, fire, severe weather, governmental action, war, acts of terrorism, acts of God or acts of customer.

Entire Agreement
These terms and conditions shall constitute the entire agreement between PCS and customer and no other proposals, conversations, bids, memoranda or other matter shall vary, alter, amend or interpret the terms hereof.

Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Michigan. Any disputes involving litigation shall be resolved exclusively in the courts of Michigan or Illinois.

Waiver
Failure of PCS to exercise any option, right or privilege under these terms and conditions shall not constitute a waiver of any such right, privilege or option or the performance thereof.

Effective 04/18/05