Terms of Sale

 

By placing an order, you are agreeing that the following terms and conditions apply to all purchases that you make through this Website (the “Website”) from ITW Food Equipment Group (“ITW FEG”). PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE YOU PLACE YOUR ORDER:

 

BINDING AGREEMENT - The limit of ITW FEG’s responsibility for purchases made by you (the “Buyer”) through the Website is expressed in these Terms of Sale and the Terms of Use for this Website which are incorporated herein by reference, as they may be amended from time to time (referred to herein collectively, with each order, as this “Agreement”).  When submitting an order, you agree to all of the terms and conditions of this Agreement by clicking on the “Place Order” button.  This Agreement shall be binding upon ITW FEG once ITW FEG has accepted the order.

If you are an individual and intend to use items or services purchased from ITW FEG in performing your duties on behalf of a company or organization (the “Customer”), either as an employee or an independent contractor and either directly for the Customer or in providing services at the direction of the Customer, this Agreement is also between ITW FEG and the Customer, and you hereby represent and warrant that you have the authority to enter into this Agreement on the Customer’s behalf and agree that you are entering into this Agreement on behalf of the Customer as well as yourself and that both you and the Customer are bound by the terms of this Agreement (you and the Customer being referred to herein individually and collectively as the “Buyer”).

The Buyer’s use of the items or services purchased through this Website may also be subject to the terms of a hard copy agreement currently in effect between ITW FEG and (a) the Buyer, (b) a party providing services to the Buyer, or (c) a party to which the Buyer is providing services.  In the event of a conflict between the terms of this Agreement and the terms of any such other agreement, the terms of this Agreement shall prevail and shall be binding upon the Buyer.

 

Except as otherwise specifically provided herein, all ITW FEG price lists, quotations, order confirmations and acknowledgments, and sales invoices relating to the sale of products, parts or services to the Buyer are subject to the terms and conditions set forth below.  Further, any automatic confirmation of an online order or response e-mail is subject to correction prior to delivery due to errors or unavailability.  ITW FEG will confirm any such correction with the Buyer before it completes the order.

SHIPPING – Shipping charges will be applied based on the delivery method chosen by the Buyer.  Shipping times are estimates only. As the delivery of an order is beyond ITW FEG’s control once the order leaves ITW FEG’s facilities, ITW FEG cannot assume liability for late deliveries, regardless of the method specified by the Buyer.

 

Title and risk of loss to the products passes to the Buyer upon shipment. If the product is damaged in transit, the Buyer must file its claim with the carrier.

 

TAXES – The Buyer will be charged the amount of all applicable taxes (federal, state, provincial and/or local) based on the shipping address.  ITW FEG charges tax in all states that impose sales tax unless a valid tax exemption has been verified by ITW FEG’s Tax Department.

 

PAYMENT METHODS – ITW FEG only accepts American Express, Discover, MasterCard and Visa credit cards associated with a billing address within the United States.

INTERNATIONAL ORDERS – ITW FEG will not accept orders for shipments to locations outside of the United States.

PRICING AND CONTENT – All prices are listed in US dollars. Although ITW FEG strives to provide accurate information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price, ITW FEG shall have the right, at ITW FEG’s sole discretion, to refuse or cancel any orders placed for that item. All products and prices are subject to change by ITW FEG without notice and errors may be corrected at any time.

QUANTITY LIMITS – ITW FEG reserves the right, at its sole discretion, to limit the quantity of items purchased per Buyer and/or per order. ITW FEG will provide notification to the Buyer should such limits be applied. ITW FEG also reserves the right, in its sole discretion, to refuse an order from any Buyer.

 

RETURNS –The Buyer may initiate a return if the Buyer sends the item back to ITW FEG unused in the original box and follows the returns procedures described below.

ITW FEG Service E-Store Return Process

1.     Timelines and Restocking Fee Guidelines

a.      Parts maybe returned up to 30 days from the date of the invoice with no restocking fee

b.     A 25% restocking fee applies to parts returned after 30 days and up to 90 days from date of invoice.

c.      No parts returns may be returned after 90 days from date of invoice

d.     All parts returns require a Return Materials Authorization (RMA) to be obtained prior to the return.

e.      Return freight will be the responsibility of the Buyer.

f.      To obtain an RMA, the Buyer may use the self-service returns function built into the E-Store or contact customer service at 800-979-3834.

 

Timeline

Restocking Fees

RMA Required

Original Invoice or Packing Slip Required

0-30 days

0%

Yes

Yes

31-90 days

25%

Yes

Yes

>90 days

N/A

Yes

Yes

 

2.     Parts Ineligible for Return

a.      Parts returned after 90 days from date of invoice

b.     Non-Cancellable/non-returnable parts or non-stock parts

c.      Hazardous materials or items with a shelf life

d.     Electronic boards or components that have been opened

e.      Commercial standard items (i.e., nuts, bolts, screws)

f.      Multiple quantity items with less than the original quantity shipped

g.     Parts not in the original packaging

h.     If ineligible parts are returned no credit will be issued and parts will be scrapped.

3.     Carrier Issues/Freight was Damaged

a.      All damaged, shorted or missing parts must be reported to the freight carrier.

b.     Concealed damage and shorted shipments must be reported within 15 days of order delivery

c.      Notify customer service at 800-979-3834 or via e-mail at Partscustomerservice@ITW FEGservice.com and submit any approved claim paperwork already initiated to 937-332-2376 via facsimile

d.     In damage claims where an inspection is required, the damaged shipment along with all original packaging must be made available to the freight company at the original point of delivery to qualify for claim reimbursement.

4.     Shorted or Missing Parts in Delivery

a.      Any shorted or missing parts must be reported to customer service at 800-937-3834 within 15 days of original delivery.

 

 

All items must be unused and put in the original packaging including any accessories or manuals that shipped with the product. The Buyer will be responsible for shipping the items back to ITW FEG, including any shipping fees, except to the extent prohibited by law.  ITW FEG will issue credit after the product has been received and inspected. If the product is not in new condition or if items are missing, the credit will be reduced accordingly.

 

DISCLAIMER; LIMITATION OF LIABILITY – ANY WARRANTY PROVIDED BY ITW FEG SHALL NOT APPLY TO NORMAL WEAR OR TO ITEMS THAT ARE ABUSED, DAMAGED FROM INSTALLATION OR NOT USED IN ACCORDANCE WITH ITW FEG’S INSTRUCTIONS. ITW FEG’S SOLE LIABILITY UNDER ANY WARRANTY SHALL BE LIMITED TO REPLACING OR REPAIRING ITEMS NOT MEETING SUCH WARRANTY WITHOUT CHARGE, AT OUR FACILITIES OR ELSEWHERE AT OUR DISCRETION, OR, IN THE CASE OF SERVICES, RE-PERFORMING SUCH SERVICES WITHOUT CHARGE, OR AT ITW FEG’S OPTION, REFUNDING THE AMOUNT PAID BY THE BUYER FOR SUCH ITEMS OR SERVICES. ITW FEG SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER THIS AGREEMENT OR OTHERWISE. ITW FEG’s warranties do not cover, and ITW FEG makes no warranty, representation or condition with respect to any defect, failure, deficiency, or error which is: (a) not timely reported to ITW FEG; or (b) due to misapplication, modification, disassembly, abnormal conditions of temperature, dirt or corrosive matter; or (c) due to operation, either intentional or otherwise, above rated capacities or in an otherwise improper manner. ITW FEG assumes no responsibility for the quality or performance of any third party products, parts or materials used with ITW FEG’s products or services or otherwise provided to the Buyer. THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ITW FEG NOR ANYONE ASSOCIATED WITH ITW FEG WARRANTS OR REPRESENTS THAT WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE, PRODUCTS, PARTS OR SERVICES WILL OTHERWISE MEET THE BUYER’S NEEDS OR EXPECTATIONS. Because some jurisdictions do not allow the exclusion of implied warranties or conditions, such exclusions may not apply to you to the extent prohibited by law.

GENERAL – This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, U.S.A., without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of this Agreement or the Buyer’s use of this Website shall be in the state or federal courts located in Cincinnati, Ohio.  The Buyer agrees to submit to the jurisdiction of such courts.

This Agreement, as it may be amended from time to time, completely and exclusively states the agreement between the Buyer and ITW FEG with respect to purchases made through this Website, and no other terms that may have been communicated to the Buyer orally or in any other manner shall have any force or effect.  Any cause of action the Buyer may have with respect to such purchases or this Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred or any other statutorily imposed limitation period, to the extent required by law.

If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties and the other provisions of this Agreement shall remain in full force and effect.

Any dates or times by which ITW FEG is required to perform under this Agreement shall be postponed automatically to the extent that ITW FEG is prevented from meeting them by causes beyond its reasonable control.  ITW FEG’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between the Buyer and ITW FEG nor any trade practices shall be deemed to modify this Agreement.