The following standard terms and
conditions apply to all orders entered with Thermal Devices. We can not accept
and specifically do not acknowledge or agree to any terms on customer purchase
orders that are in conflict with, or in addition to, the following terms and
conditions. We obviously reserve the right to amend these terms and conditions
from time to time at our sole discretion.
Order Entry: Order entry with Thermal Devices is fast and
simple. You may order on-line through our website at
www.thermaldevices.com or you can call us toll free at 800-282-9100
or you can FAX your order to our toll free FAX 800-457-1634. For
existing customer accounts using a purchase order or for any customer using a
credit card, we generally attempt to ship all in-stock merchandise ordered by 2
PM EST on the same business day. Should you find yourself entering an order
that you absolutely must have shipped same day via air freight regardless of
the time of day, please contact us at 800-282-9100 - WE WILL MAKE EVERY EFFORT
TO MAKE IT HAPPEN!
New Customers: We sincerely appreciate the opportunity to serve new customers.
In order to provide our customers with the best service possible, we will
establish NET 30 DAY terms for new accounts who wish to place an initial order
in excess of $200. For customers meeting that requirement, we can normally
establish open account status within 48 hours. For new customers who can not
wait for the account to be established or who wish to enter an order for less
than $200, we require a credit card to process your first order. New customers
may complete a credit application and submit it with their initial order so
that NET 30 DAY terms may be established for future orders. Account numbers
will be assigned by the credit department and forwarded to the customer upon
approval of a completed credit application.
Payment Terms: NET 30 DAYS with approved credit per provisions and requirements
stated above. VISA, MASTER CARD, and AMERICAN EXPRESS are accepted. C.O.D. may
be available depending upon product availability and customer’s requested
delivery time. For customers with open account status, no other payment terms
are available other than NET 30 DAYS. Again, we specifically take exception to
and do not acknowledge any other terms stated on a customer’s purchase
order or in any communication. In all cases, orders are accepted from customers
and entered subject only to the terms and conditions herein.
Minimum Billing: Thermal Devices minimum order requirement is $25 for standard,
in-stock merchandise. However, Thermal Devices is a distributor for many major
manufacturers. For products that are non-stock, custom, altered, manufactured
to order, etc. Thermal Devices’ minimum order will be consistent with the
minimum order requirement placed upon us by the manufacturer of those non-stock
products.
Freight Terms: Thermal Devices freight terms are strictly F.O.B. - Ship Point
with freight either prepaid and added to your invoice or freight collect to
your open account with a carrier of your choice. Our carrier of choice is UPS.
However, we would also be happy to ship your order via FEDERAL EXPRESS or DHL.
For other carriers or truck shipments, we request that you designate your
desired carrier. We will attempt to accommodate all requests regarding
customer’s desired carriers.
Customers located, or drop
shipping, outside of the 48 continental United States are responsible for any
duties, taxes and fees associated with the shipment. Please note that such
charges may not be available for billing at the time of shipment. In those
cases, Thermal Devices will bill the customer for actual charges when we are
notified of those exact costs. Thermal Devices reserves the right to charge a
handling fee for special packaging or unusually complicated and time-consuming
paperwork associated with overseas shipments. However, the customer will always
be notified of the amount of the handling fee prior to any chargeable work
being performed.
Pricing: Due to manufacturer price changes, any prices shown in any of
our publications or on the internet are subject to change at any time. In all
cases we will attempt to update our pricing as soon as possible to avoid any
confusion or delays in processing customer orders.
Sales Tax: Thermal Devices does business in the state of Maryland and must
charge sales tax on all orders shipped to delivery destinations within the
state of Maryland. Customers with a valid tax-exempt certificate in the state
of Maryland must indicate so at the time of every order and submit that
certificate with their initial application for credit or initial credit card
order.
Order Cancellations: If an order cancellation becomes necessary, please call us
immediately. If the order in question represents only stock product that has
not been "picked" to ship at the time of cancellation, there will be
no cancellation charge. We will make every effort to have non-stock items
ordered from a manufacturer canceled at minimal expense. However, cancellation
charges beyond our control may be imposed by the manufacturer for which the
customer will be responsible. Orders for custom designed, custom built products
can not be canceled or returned once the order is entered with Thermal Devices.
Returned Goods: Should it become necessary to return a product to Thermal
Devices, please request a Return Material Authorization (RMA) number from the
customer service department. Our receiving department can not accept returned
goods unless they are properly identified. Originally stock products returned
in un-opened, resalable condition will be accepted subject to a 15% re-stocking
charge. Unfortunately, opened or used products may not be returned under any
conditions. For all non-stock or custom manufactured products, returns will be
subject to acceptance and re-stocking charges imposed by each individual
manufacturer.
Defective Merchandise Procedure: Please inspect all merchandise upon receipt. If a customer
believes a product to be defective, a claim must be made to the customer
service department within 30 days of receipt of product. We will attempt to
ascertain the source of the defect and take immediate steps to alleviate the
inconvenience to the customer. In most cases, the normal procedure is to return
the product to Thermal Devices who will return it to the appropriate
manufacturer for evaluation, repair or replacement. In all cases, the
manufacturer’s warranty will govern the disposition of the product.
Should no defect be found, the
customer may be responsible for any evaluation fees and freight associated with
the return transaction. If the customer desires a replacement product
immediately, the customer may place a new, distinctly separate order for the
replacement part. Upon return of the defective part, Thermal Devices, at our
discretion or the discretion of the manufacturer will either repair or replace
the defective unit or issue a merchandise credit equal to the amount of the
initial invoice less any freight and handling charges. It is our desire to
treat our customers fairly and we will make every attempt to handle a return
transaction with the best interests of the customer in mind.
SPECIAL NOTICE
REGARDING HEATER PRODUCTS: By their very nature, most heater products are custom assembled
for each customer. Even stock heaters are generally modified with lead wires or
other design issues that make such products non-returnable once received by the
customer. Therefore, all heaters purchased from Thermal Devices are
non-returnable unless they are deemed defective by the manufacturer following a
proper return and evaluation as described above. In such a case, the
manufacturer’s standard policies or warranties shall govern the solution
to the problem.
Please note that Thermal Devices
will ship stock heaters in the exact quantity specified on a customer’s
order. However, in the manufacturing of non-stock heaters, it is
necessary to allow for losses in production. For this reason, we reserve the
right to ship as stated below:
SHIPPING
VARIATIONS
No Variation
+/- 1 unit
+/- 2 units
+/- 4 units
+/- 6 units
+/- 8 units
+/- 5% of order
This is an industry standard
manufacturing variation chart with regards to heater manufacturing and all
heater manufacturers can generally be expected to follow the guidelines above.
Therefore, we urge our customers to be aware that large quantity orders may be
over-shipped or under-shipped according to the chart above. Over and under
shipments are billed at the original purchase price for the final quantity
shipped.
Damage-In-Transit: Our experienced packers take every reasonable precaution to
prevent damage-in-transit. Should you discover such damage, please make a claim
to the carrier as soon as possible. We strongly urge you to photograph and
document the exterior of the shipping container for your use in making a claim
to the carrier.
Quantity Discrepancies: All quantity discrepancies must be reported with 72 hours of
receipt of product. Thermal Devices will not be responsible for quantity
discrepancies not reported within 72 hours of receipt of shipment.
Warranty and Disclaimer: As a distributor, Thermal Devices does not manufacture any
products. All of our products are warranted by their respective manufacturers
and we extend those warranties to our customers only to the extent that we are
permitted to by the manufacturer. We therefore can make no express warranties
whatsoever. All products are sold "AS IS, WHERE IS" and subject
solely to the manufacturer’s warranties and conditions of sale. Thermal
Devices makes no representation of any kind, express or implied, with respect
to any product, including, without limitation, any warranty of merchantability,
non-infringement or fitness for any particular purpose, and we hereby disclaim
any such warranties.
Thermal Devices will specifically
not be liable, under any legal definition, for incidental, consequential,
punitive or similar damages resulting from the performance of, use of or in
connection with any product supplied by Thermal Devices, including
non-conforming or defective products. In all cases, for all products, the
manufacturer’s product warranty as it extends, and if it extends, to our
customer, shall be the only warranty available to our customers. In no event,
even if we have been advised of or are aware of the potential for a claim from
a third-party(ies), will Thermal Devices be liable for any loss of profits,
loss of use, or any other loss, incidental or otherwise, related to the
performance of, use of or in connection with any product supplied by Thermal
Devices, including non-conforming or defective products. No employee or agent
of Thermal Devices has the authority to enter in to any agreement or contract
that contains terms and conditions that differ in any way from those found in
this document.
As a distributor, Thermal Devices
offers technical support for the products we sell. However, we are not, in any
way, consulting engineers or design engineers. Our customers are solely
responsible for the selection, installation, use and performance of our
products in their equipment or at their location. We strongly urge our
customers to seek licensed, competent, professional advice regarding the use of
any of our products in their facility or equipment. Our customers are solely
responsible for determining and following all local or national code
requirements related to the use of products purchased from Thermal Devices. We
expressly disclaim any authority or knowledge with regards to the safe
installation and use of our products. Further, we specifically ask that all
products be installed according to the manufacturer’s instructions. All
such instructions are either shipped with the product or readily available from
most manufacturers. Thermal Devices will attempt to gather all pertinent
information for our customers if requested but it is the responsibility of the
customer to determine if said information is satisfactory with regards to
performance, safety, code requirements, etc. Equipment damage or serious injury
could result from a failure to follow the proper installation guidelines or
code requirements. Our products should never be used in a hazardous environment
(unless labeled accordingly) or in any critical systems in which a product
failure could lead to death, personal injury or extreme damage to personal or
public property.
