TCI Terms and Conditions

TCI-Sales-Terms-and-Conditions PDF

Minimum Orders

No minimum order required.

Payment Terms

If the customer is located within the United States and qualifies for open credit, standard payment terms are net 30 days. If the customer is located outside the United States, TCI reserves the right to require a letter of credit drawn on a United States bank payable at sight against presentation of shipping documents or to require a cash payment before shipment is made. New accounts are required to provide a signed credit application with credit references. Terms and open account status are subject to change for failure to pay outstanding accounts on a timely basis or if customer’s financial strength is impaired. Late invoices are subject to finance charges equal to 1.5% of the account balance per month (or the highest amount allowable by law). Assessed finance charges are considered unpaid invoices.

Pricing

All prices are quoted in U.S. dollars. All discounts are based on the manufacturer’s most recent List Price Schedule. All prices are subject to change without notice. All prices are exclusive of all sales, use, excise or similar taxes applicable to the sale, purchase, shipment or use of goods sold to the customer, duties and other charges which may apply including, without limitation, charges for freight and insurance. All such taxes, duties and charges shall be paid by the customer whether or not originally invoiced by TCI and regardless of when invoiced.

Quotations

Prices are based on costs and conditions existing on the date of the quote and are subject to change by manufacturer prior to final order acceptance. All quotations are valid for 30 days, unless stated otherwise.

Delivery

All scheduled delivery dates shall be considered estimates only and TCI shall have no liability for failure to meet such dates. Delivery of all products are subject to availability and lead times required for TCI’s production schedule. All product will be shipped to the customer’s address as set forth in its purchase order unless a different delivery address is clearly noted in the purchase order.

Freight Policy – Domestic

All products are shipped Ex Works Germantown, Wisconsin. Typically, freight carriers are selected by TCI and all freight charges are prepaid and added to the invoice. It is the responsibility of the customer to clearly indicate a different carrier and billing method when desired but such requests shall only be binding upon TCI if consented to in writing by TCI prior to the scheduled shipment date.

Freight Policy – International

All products are shipped Ex Works Germantown, Wisconsin, using domestic packaging. Selection of freight carriers is the responsibility of customer and all freight charges are the responsibility of the customer. Customer is responsible for customs clearance, broker’s fees, import duties, and all applicable taxes. Specialized packaging quoted upon request.

Damaged Freight/Claims

Title and risk of loss is passed to the customer upon acceptance of the shipment by the freight carrier. It is the responsibility of the customer to file a claim directly with the carrier for any damaged or lost products occurring during transit. TCI does not purchase or arrange for insurance coverage beyond the Ex Works point for products shipped by TCI. If customer requires purchase of insurance coverage beyond the Ex Works point by TCI, its purchase order must clearly state such requirement but such request shall only be binding upon TCI if consented to in writing by TCI prior to the scheduled shipment date and all costs for such insurance shall be the responsibility of the customer and added to customer’s invoice.

Limited Warranty

The terms and conditions of TCI’s Limited Warranty Policy are incorporated herein by reference. Such policy is available from TCI and on its website. • Authorization and shipping instructions for return of products must be obtained from TCI prior to return of goods • Packages must be labeled with Return Material Authorization (RMA) Number and returned within 30 days from the initial return request to:TCI, LLC, W132N10611 Grant Drive; Germantown, WI 53022 Attn: Returns Department • All returned goods are subject to inspection prior to final disposition. • Restocking charges may apply. For further information, please contact the factory.

Cancellation

In the event customer cancels all or any portion of the undelivered portion of this order, TCI reserves the right to charge cancellation fees on all non-standard and slow moving parts. Cancellation fees will be assessed at the time of the request to cancel.

Force Majeure

TCI shall have no liability for any delay in or failure of performance caused by circumstances beyond its control including, but not limited to, delays or failures caused by civil insurrection, war, fire, flood, government action, strike or any other labor disturbance, acts of God or shortages of materials or equipment.

Collection Fees

In the event TCI refers a past due account to an attorney or other third party for collection, customer shall pay all costs and expenses incurred by TCI in connection therewith including attorneys’ fees.

Contract Terms

Any terms and conditions contained in any purchase orders, confirmations, acknowledgements, shipping orders or other documents issued by customer in connection with the sale of goods by TCI to customer which are inconsistent with the terms hereof shall not apply, and shipment by TCI shall not constitute assent to, any such inconsistent terms. Customer’s full or partial payment or acceptance of delivery shall constitute acceptance of all the terms and conditions set forth herein.

Governing Law; Venue

This document and the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the State of Wisconsin. Customer agrees to submit to the jurisdiction of the courts of the State of Wisconsin and of the United States of America located in the City of Milwaukee for any actions, suits or proceedings arising out of or relating to the sale of goods by TCI to customer.

No Authority; Contract Terms

TCI does not authorize any of its employees or agents to offer or agree upon terms other than those expressly set forth herein. No statement or writing proposing to modify or add to the terms and conditions hereof shall be binding unless in writing and signed by an officer of TCI and customer.

Default in Payment

In the event customer fails to comply with the terms of payment, TCI shall have the right, in addition to all other rights as may be available to it under law, to withhold other shipments to customer, in whole or in part, to recall goods in transit and to repossess goods provided to customer.

Agreement between User and https://transcoil.com 

Welcome to https://transcoil.com. The https://transcoil.com website (the “Site”) is comprised of various web pages operated by TCI, LLC (“TCI, LLC”). https://transcoil.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://transcoil.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

https://transcoil.com is a News and Information Site.

We are providing information on our electrical components and the applications of these components. A customer can generate a quote but cannot purchase on this site. 

Electronic Communications 

Visiting https://transcoil.com or sending emails to TCI, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen 

TCI, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://transcoil.com only with permission of a parent or guardian. 

Links to Third Party Sites/Third Party Services 

https://transcoil.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TCI, LLC and TCI, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TCI, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TCI, LLC of the site or any association with its operators. 

Certain services made available via https://transcoil.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://transcoil.com domain, you hereby acknowledge and consent that TCI, LLC may share such information and data with any third party with whom TCI, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://transcoil.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use https://transcoil.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TCI, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TCI, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TCI, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TCI, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TCI, LLC or our licensors except as expressly authorized by these Terms. 

Third Party Accounts 

You will be able to connect your TCI, LLC account to third party accounts. By connecting your TCI, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users 

The Service is controlled, operated and administered by TCI, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TCI, LLC Content accessed through https://transcoil.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless TCI, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TCI, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TCI, LLC in asserting any available defenses.

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TCI, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

TCI, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TCI, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TCI, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TCI, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction 

TCI, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TCI, LLC as a result of this agreement or use of the Site. TCI, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TCI, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TCI, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TCI, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TCI, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms 

TCI, LLC reserves the right, in its sole discretion, to change the Terms under which https://transcoil.com is offered. The most current version of the Terms will supersede all previous versions. TCI, LLC encourages you to periodically review the Terms to stay informed of our updates. 

TCI, LLC welcomes your questions or comments regarding the Terms:

TCI, LLC 
W132N10611 Grant Drive 
Germantown, Wisconsin 53022

Email Address: marketing@transcoil.com
Telephone number: 414-357-4484

Effective as of March 1, 2018