Terms Of Sale
TERMS AND CONDITIONS OF SALE
Before continuing with the checkout process, you must read and agree to the following Terms and Conditions of Sale:
The provisions of these Terms and Conditions of Sale constitute the entire contract between the Seller and the Buyer and supersede all prior proposals, purchase orders, correspondence and other communications, whether written or oral, between the Seller and the Buyer. No provision of these Terms and Conditions of Sale shall be subject to change except by the written authorization of a properly authorized representative of the Seller. The Seller hereby objects to any additional, different or conflicting terms or conditions set forth in any Buyer purchase order. No terms, provisions, or conditions of any Buyer purchase order shall be effective unless expressly accepted by the Seller in writing.
Unless otherwise specified in the checkout process, payment for all purchases must be made by credit card at the time of purchase and prices are Ex-Works Seller’s factory exclusive of sales or use taxes. All payments shall be in the legal currency of the United States unless otherwise designated in the checkout process. All prices are subject to change by the Seller without notice. Pricing errors may be corrected at any time. The Seller may, at any time and without obligation, suspend performance or require payment in cash, security, or other adequate assurances satisfactory to the Seller when, in the opinion of the Seller, in its sole discretion, the financial circumstances of the Buyer warrant such action.
TAXES AND DUTIES
The Buyer will be charged the amount of all applicable taxes (federal, state or local). If the purchase is tax exempt, the Buyer must contact the Seller directly and provide an exemption certificate. Any personal property taxes assessable on the equipment or goods required for delivery shall be borne by the Buyer.
Orders for parts in stock will ship within one business day on domestic orders. All parts shipments will ship via UPS prepaid, or by any other shipment method selected by the Buyer from the options offered to the Buyer during the checkout process. Deliveries shall be Ex-Works Seller’s factory. Shipping dates given by the Seller are approximate. The Seller will use its best efforts to meet the scheduled date, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause for cancellation and/or damages of any character. In the event of any delay requested by the Buyer or any delay caused by erroneous or inadequate shipping instructions, the Seller will store all items ordered at the Buyer’s expense and risk for a reasonable period of time.
Orders for sales to locations outside of the United States may be placed through the Site for certain specified countries, however, they cannot be completed online. After an international order has been placed, a customer representative will contact the Buyer to finalize the transaction. If your country is not a specific country, you must place your order by contacting a customer service representative during regular business hours.
TITLE AND RISK OF LOSS
Risk of loss or damage to the equipment or goods shall pass to the Buyer Ex-Works Seller’s factory. The Buyer will keep all items not paid for in advance insured to the full purchase price with the Seller as the named loss payee and the Seller retains a security interest in the equipment or goods until the purchase price is paid.
All engineering data, design information, and engineering and shop drawings related to any purchase made through this web site are the property of the Seller.
Except as otherwise provided herein, the Seller agrees to indemnify the Buyer from and against all claims, demands and suits based on allegations that the equipment or goods designed and manufactured by the Seller infringe any patent, if the Seller is notified promptly of any such allegation and is given the authority and reasonable information and assistance to defend the same. Upon notification of an infringement claim, the Seller reserves the right to do any of the following, at no cost to the Buyer:
- procure for the Buyer the right to continue using the equipment; or
- replace the same with non-infringing equipment; or
- modify the equipment so that it becomes non-infringing.
The Seller does not assume liability for the infringement of any method and/or process patent or for infringement of any patent covering articles manufactured or produced in accordance with the Buyer’s design.
No item requiring repair or alleged to be defective is to be returned without written authorization by the Seller. Prior to returning any item for any reason, the Buyer must request a return authorization number (“R.A.#”) from the Customer Service Department at Diagraph Marking & Stenciling Products an ITW Company in Marion, Illinois. The R.A.# must be used with all correspondence and posted on the package in which the item is returned. Any item returned to Seller without proper information or R.A.# will not be accepted.
Parts and Sales Toll-Free (in US): (800) 521-3047
Parts and Sales: (618) 997-3321
Technical Service Toll-Free (in US): (800) 521-3047
Diagraph Parts and Sales Fax: (618) 997-1766
Diagraph Marking & Stenciling Products an ITW Company
5307 Meadowland Parkway
Marion, IL 62959
Credits expire one year after the date of the issue and can only be applied to the purchase of products offered by Diagraph Marking & Stenciling Products group.
WARRANTY AND LIMITATION OF LIABILITY
All equipment and goods are warranted by the Seller to be free from defects in material and workmanship as follows:
* Stencil Machines and Coders – One year limited warranty on defective parts and labor.
* Manufacturer's Warranty - Equipment or goods not manufactured by the Seller but supplied through the Seller shall carry the warranty of the original manufacturer.
THIS WARRANTY DOES NOT APPLY TO EQUIPMENT OR GOODS WHICH ARE MISUSED, OR ABUSED, OR DAMAGED FROM INSTALLATION, OR NOT USED IN ACCORDANCE WITH THE SELLER’S INSTRUCTIONS. NORMAL WEAR OF EQUIPMENT OR GOODS IS NOT INCLUDED IN THIS WARRANTY. THE SELLER’S SOLE LIABILITY UNDER THIS WARRANTY SHALL BE LIMITED TO EITHER REPLACING OR REPAIRING WITHOUT CHARGE, AT ITS FACTORY OR ELSEWHERE AT ITS DISCRETION, ANY EQUIPMENT OR GOODS NOT MEETING THIS WARRANTY, OR AT THE SELLER’S OPTION, REFUNDING THE PURCHASE PRICE. THE SELLER SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS CONTRACT OR OTHERWISE. The warranties of the Seller do not cover, and the Seller makes no warranty with respect to any defect, failure, deficiency, or error which is:
- not timely reported to the Seller; or
- due to misapplication, modification, disassembly, abnormal conditions of temperature, dirt or corrosive matter; or
- due to operation, either intentional or otherwise, above rated capacities or in an otherwise improper manner. The Seller assumes no responsibility for the quality or performance of coatings, adhesives or other materials used with the Seller’s equipment or goods. All claims must be brought within one (1) year of sale. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THESE TERMS AND CONDITIONS OF SALE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS (WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS). Any legal action to enforce any right granted by this contract must be filed within one (1) year after delivery, or for warranty claims, within one (1) year of the expiration of the applicable warranty period.