Terms & Conditions

All sales of material or equipment by INDUSTRIAL CONTROLS SUPPLY CO. INC. (ICS) are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in the purchase order of the Purchaser or in any similar such communication are hereby objected to by INDUSTRIAL CONTROLS SUPPLY CO. INC. and shall not be binding nor effective unless assented to in writing by an authorized representative of INDUSTRIAL CONTROLS SUPPLY CO. INC..

Prices and Terms

Unless otherwise stated, all prices by INDUSTRIAL CONTROLS SUPPLY CO. INC., hereafter referred to as Seller, are subject to change without notice. Prices do not include sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be as a separate item and paid by the Purchaser. All items shown as freight allowed pertain to particular items and quantities. Any deviation after placement of order such as changes in quantity or partial release will be subject to the manufacturer’s terms and conditions where applicable. Unless otherwise noted, all sales are made f.o.b. point of shipment. In all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon the Purchaser. Extra labor or mechanical facilities required to unload shall be provided by Purchaser without any cost to Seller.

Delivery

Factory shipping dates given in advance of actual shipment are estimates by the manufacturer and are based upon prompt receipt of all necessary information. Quoted shipping dates are based on time after receipt of order at factory, with complete information, until merchandise is delivered to common carrier. Seller shall not be liable for failure to deliver or for delays in delivery or performance due to (1 ) causes beyond its reasonable control, or (2) acts of God, acts of Purchaser, acts of civil or military authority, priorities or other governmental allocations or controls, fires, strikes or other labor difficulties, riots and other civil disturbances, delays in its usual source of supply, delays in transportation, or (3) any other commercial impracticability. Factory lead times for any custom manufactured products are estimates only and neither INDUSTRIAL CONTROLS SUPPLY CO. INC. or manufacturer shall be liable for any damages resulting from any deviation in expected or implied delivery of product. In the event of any such delay, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay.

Payment

Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If, in the judgment of Seller, the financial condition of the Purchaser at the time of manufacture or shipment does not justify the terms of payment specified, Seller reserves the right to require full or partial payment before manufacture or shipment and to suspend any further performance until such payment has been received.

Warranties

Material and equipment distributed by Seller are the products of reputable manufacturers sold under their respective brand or trade names. Seller shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer’s warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of products that may prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the purchaser and the sole obligation of Seller. Except as to title, THERE ARE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED, OR STATUTORY relating to the described material or equipment which extend beyond that described in this paragraph. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.

Limitation of Liability

Seller’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of material or equipment hereunder, or its sale, resale, operation or use, whether based on warranty, contract, negligence or other grounds shall not exceed the price allowable to such material or equipment or part thereof involved in the claim. Seller shall not, under any circumstances, be liable for any labor charges unless agreed upon in advance by Seller. Seller shall not in any event be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of the Purchaser for such damages. Except as otherwise expressly set forth in this agreement, the products are provided “As Is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability for a particular purpose. Without limiting the generality of the foregoing, ICS expressly disclaims any warranty, express or implied, together with any claim for negligence, relating to the products being “Millenium Compliant” as that term is defined in the ICS Year 2000 Policy Statement. ICS shall not be liable for any lost profits, lost savings or other incidental, special or consequential damages arising as a result of any product not being millenium compliant, even if ICS has been notified of the possibilities of such damages. In addition to the foregoing, the entire liability of ICS for loss or damages resulting from the purchase of or use of the products sold hereunder regardless of the form of action, whether in contract or in tort (including but not limited to negligence, strict liability or otherwise) shall be limited to proven damages in an amount not to exceed the price paid to ICS for the products. Under no circumstances shall ICS be liable to the Customer for damages in excess of such amount regardless of how such damages arise.

Cancellation

Purchaser may cancel any order by mutual agreement based upon payment to Seller of reasonable and proper cancellation charges.

Returned Goods

Material and equipment must not be returned without the advance written consent of Seller.

Assignment

Any assignment of any contract involving this order, or any rights thereunder, by the Purchaser without the advance written consent of Seller shall be void.

Hazardous Business

Material and equipment distributed by Seller has been designed and manufactured for use in standard commercial, industrial and residential applications. If the material or equipment is to be applied in any location which might be of a hazardous nature, such as atomic installations, commercial or military aircraft, missile installations, space explorations or other critical applications where a failure of a single component could cause substantial harm to persons or property, Seller disclaims all responsibility unless it has received a complete description of the application and has concurred that the product in question is suitable for the proposed application. Such concurrence must be signed by an officer of the INDUSTRIAL CONTROLS SUPPLY CO. INC. Any questions should be referred to the manufacturer through Purchaser’s local Industrial Controls office.

General Terms

Material and equipment distributed by Seller has been designed and manufactured for use in standard commercial, industrial and residential applications. If the material or equipment is to be applied in any location which might be of a hazardous nature, such as atomic installations, commercial or military aircraft, missile installations, space explorations or other critical applications where a failure of a single component could cause substantial harm to persons or property, Seller disclaims all responsibility unless it has received a complete description of the application and has concurred that the product in question is suitable for the proposed application. Such concurrence must be signed by an officer of the INDUSTRIAL CONTROLS SUPPLY CO. INC. Any questions should be referred to the manufacturer through Purchaser’s local Industrial Controls office.

Attorney’s Fees

In any suit or action brought on this sale to enforce the provisions of this sales agreement the losing party agrees to pay the prevailing party’s reasonable attorney’s fees to be fixed by the trial court, and on appeal the prevailing party’s reasonable attorney’s fees to be fixed by the appellate court. STANDARD TERMS AND CONDITIONS APPLYING TO ALL SALES All sales of material or equipment by INDUSTRIAL CONTROLS SUPPLY CO. INC. are expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in the purchase order of the Purchaser or in any similar such communication are hereby objected to by INDUSTRIAL CONTROLS SUPPLY CO. INC. and shall not be binding nor effective unless assented to in writing by an authorized representative of INDUSTRIAL CONTROLS SUPPLY CO. INC..

Shipping & Returns

Order and Shipping Confirmation

You will receive an email confirmation once your order has been successfully placed–it will include your order number and shipping method. Please make sure your shipping address is correct as we are unable to redirect goods once they are in route to you. Orders can take up to 1 business day to be processed and shipped. Once your order is prepared for shipment you will receive a shipping confirmation email. Please also note that in some cases, your order may arrive in multiple shipments (i.e., in the case of pre-order, drop shipments, backorders, and made to order items).

Where We Ship

We currently ship to U.S. addresses including Alaska, Hawaii and U.S. Territories. We do not ship to PO Boxes/APO/FPO addresses.

We will ship to Canada and we are working on expanding to other countries soon.

Shipping Costs

United States:
Standard shipping (5 to 7 business day transit) on all orders less than $249.99 before taxes and shipping, is $9.95 and free for all orders of $250 or more. Please note that order processing may take up to 1 business day after the order is placed for standard shipping. All orders over $50 will have the additional $5.00 handling fee waived.

Expedited shipping is available upon request. Cost will vary based on size, weight, shipping method and destination. Feel free to give us a call to receive a shipping estimate.

Canada:
We do not offer expedited shipping to Canada at this time. Please note that order processing may take up to 1 business day after the order is placed for standard shipping.

All duties, surcharges, taxes or extra fees applied to shipping international will be paid for by the customer.

Taxes

Applicable sales tax will be charged on merchandise total, where applicable. Taxes are calculated according to shipping destination and itemized on the Order Summary page.

Return Policy

Returns on items eligible for return are accepted within 30 days of order shipment date. Items must be returned unused, in their original packaging. To return an item contact us at 1-800-756-2356.