Terms and Conditions

This Web Site is property of Creative Manufacturing Solutions. All rights reserved.

This Web Site contains many Creative Manufacturing Solutions and third-party trademarks and service marks. All trademarks and service marks are the property of their respective companies. All rights to the intellectual property contained in the Web Site, including copyright, trademarks, trade secret, and patent rights are reserved. Statutory notice contained herein represents trademark status in the United States.

TERMS OF SITE ACCESS

Please review these Creative Manufacturing Solutions Web Site Terms of Access. Entering into this Web Site indicates that you have reviewed the Web Site Terms of Access and have agreed to be bound by these terms.

Privacy Policy
Creative Manufacturing Solutions respects the privacy of our customers and those who visit our site.  No effort is made to identify individuals without their knowledge.  We use personal information given to us upon purchase of our products for sale, payment, and shipping purposes only.  We make no attempt to share customer information will anyone.  Customer information is strictly confidential and will be kept that way.

Disclaimer/Information Accuracy
All information provided on this Web Site is subject to change without notice. While efforts have been made to make this Web Site helpful and accurate, due to the open nature of this Web Site, and the potential for errors in the storage and transmission of digital information, Creative Manufacturing Solutions does not warrant the accuracy of information obtained for this Web Site.

ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND WITHOUT WARRANTIES EXPRESSED OR IMPLIED. CREATIVE MANUFACTURING SOLUTIONS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREATIVE MANUFACTURING SOLUTIONS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE MANUFACTURING SOLUTIONS DOES NOT WARRANT OR REPRESENT THE USE OF MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY. OR RELIABILITY.

Access And Use Of Information
Access to this Web Site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by Creative Manufacturing Solutions at this Web Site. Any access or attempt to access other areas of the Creative Manufacturing Solutions computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Web Site other than in connection with a legitimate business purpose.

Access to this Web Site does not constitute a right to copy or use any of the intellectual property of Creative Manufacturing Solutions or its suppliers.

TERMS AND CONDITIONS OF PURCHASE

Acceptance of Terms and Conditions
Orders are accepted on the basis of terms and conditions in effect at the time the order is received and approved by the "Seller" at "Seller's" Main Offices. Acceptance of any products delivered hereunder by "Seller" or any of its Affiliates or Assignees shall constitute Buyer's agreement to these terms and conditions as described in this document or in our invoices and order forms. No conditions stated by Buyer in its offer or acceptance shall be binding on "Seller" if in conflict with, inconsistent with, or in addition to, "Seller" terms and conditions. Credit is conditional upon determination by "Seller" each time an order is received.

Prices
Prices and pricing policies will be those set forth in "Seller" price lists in effect at the time of shipment. Prices are subject to change without notice.

Terms Of Payment
Unless otherwise agreed upon all sales will require an “approved purchase” from a major credit card. In some cases large orders may seek credit terms. Unless otherwise agreed to in writing, upon approved credit, terms of payment shall be 30 days net.  Past due invoices are subject to a service charge of 1 1/2% per month (18% per annum, or the maximum legal rate) from invoice date until paid.

Returned checks are subject to a $25.00 charge. If Buyer fails to fulfill these terms, or if "Seller" at any time has any doubt as to Buyer's financial responsibility, "Seller" may demand immediate full payment and decline to make further deliveries except against cash or satisfactory security.  Any indebtedness owing from Buyer to "Seller" can be set off and applied by "Seller" and associated companies on any indebtedness at any time, either before or after maturity or demand.

Deliveries
All deliveries will be sent via UPS ground.  Products will be delivered F.O.B. at the "Seller" location of origin or factory of manufacturer (on machinery and heavy equipment) in good condition and properly consigned, at your risk. Prepayment or allowance of freight by Creative Manufacturing Solutions shall not affect this provision. We shall not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use of the goods after or during such delivery.

Returns

Customer must obtain a return goods authorization ("RGA") prior to returning goods. Unless we have erred in filling your order, all returns must be prepaid. No merchandise will be accepted for return which is customized or which has been held for over 30 days. We reserve the right to determine if the Buyer has abused the item in question. If it cannot be returned to stock, credit will not be given. All returns must be accompanied by the original shipper or invoice. Orders returned due to customer error must be prepaid and are subject to restocking charge. No merchandise will be accepted without an "RGA."

Sales And Other Taxes
Unless otherwise stated, "Seller" prices do not include any taxes whatsoever. Buyer agrees to indemnify "Seller" against payment of the same, whether or not included on Buyer's original invoice.

Title
Title and Security interest to the merchandise shall remain with "Seller" until payment to "Seller" of full purchase price by Buyer. "Seller" retains the right to repossess, and any other remedies provided by law.

Disclaimer Of Warranties
Buyer acknowledges and agrees that the merchandise is of a size, design, capacity and manufacture selected by Buyer; that "Seller" is not always the manufacturer of the merchandise; and as between "Seller" and Buyer: THE BUYER PURCHASES THE MERCHANDISE AS IS AND THAT "SELLER" HAS NOT MADE, NOR DOES IT MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT WITH RESPECT TO THE FITNESS, MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, OR SUITABILITY OF THE MERCHANDISE IN ANY RESPECT, INCLUDING ITS FITNESS FOR THE PURPOSES AND USES OF THE BUYER, OR AS TO "SELLER" TITLE THERETO (EXCEPT) AS TO ACTS OR OMISSIONS OF "SELLER" ITSELF), OR ANY OTHER REPRESENTATION OR WARRANTY OR AGREEMENT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED WITH RESPECT THERETO, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.

Limitation Of Liability
IN NO EVENT SHALL "SELLER" BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATIONS UNDER THIS AGREEMENT, NOR SHALL "SELLER" BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY, INSTALLATION, OR FURNISHING OF THE MERCHANDISE OR SERVICES BY ANY MANUFACTURER OF THE MERCHANDISE OR OTHERWISE.

Indemnity
The buyer shall defend and indemnify "Seller" from and against any and all loss of or damage to the merchandise, usual wear and tear excepted; any claim, cause of action, damages, liability, cost or expenses (including attorney's fees) which may arise or be incurred in any manner in favor of any person relating to the merchandise or any part of the merchandise, including by way of example but not of limitation, claims arising out of or incident to the construction, purchase, delivery, installation, ownership, leasing, sale, or return of the merchandise or as a result of its use, maintenance, repair, operation or condition thereof, whether or not any claimed defects in such merchandise or latent or are discoverable; and any claim, cause of action, cost, or expense arising for alleged patent infringement of, for, or as a result of claims for alleged strict liability in tort. The obligations of Buyer herein contained shall survive the expiration of the Agreement as to any loss, damages, claims, causes of action liabilities, costs, or expenses.

Notice To Subsequent Purchaser Or Repacked
For imported articles, the requirements of 19 U.S.C. 1304 and 19 CFR part 134 provide that the articles or their containers must be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or container will permit, to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article.

PRODUCT SAFETY WARNING
Cutting tools may shatter when broken. Wearing eye protection is strongly recommended in the vicinity of their use.

MATERIAL SAFETY DATA SHEETS DISCLAIMER
Note: Material Safety Data Sheets may be provided as a convenience to customers. The information provided is believed to be accurate and represents the best information available to us from the manufacturer and MSDS developer. However, we offer no warranty of merchantability or any other warrant, express or implied, with respect to such information, and assume no liability resulting from its use. You should make your own investigation to determine the suitability of the information for their particular purposes. In no way shall we, the manufacturer, or the MSDS developer be liable for any claims, losses, or damage of any third party or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if the manufacturer or MSDS developer has been advised of the possibility of such damages.