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of our Purchase Order 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.
All items are billed at prices in effect at the time of shipment. Prices are subject to change without notice.
Shipping point: Prepaid and billed, or collect.
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 for any shortages, errors, or defects must be made within ten (10) business days from receipt of shipment.
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. All discontinued items are not returnable. All products with date inserts are subject to review and approval before any return will be accepted. Cost of a return is the responsibility of the
customer, unless otherwise agreed upon. Please see Restocking Charge for
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.
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.
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.
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.
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
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.
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.
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.
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.