TERMS & CONDITIONS OF SALE
The following is the terms of the agreement between UKAM Industrial Superhard Tools (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). Buyer agrees to the terms and conditions outlined in this Online Agreement ("Agreement") with respect to the goods, services and information provided by or through the Site. This Agreement constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Agreement. By purchasing goods or services on this site the Buyer has accepted of this Agreement.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes
MERCHANDISING POLICIES:
Prices: Prices are F.O.B. Valencia, CA. Prices, discounts, terms, and conditions are subject to change without notice.
Discounts on Special Products: Products not listed on published price list may be subject to different discounts.
Quotations: On quantities larger than listed on Discount Schedule. Contact your UKAM Industrial sales representative.
Special Order: Special orders or standard products modified to a customers specifications cannot be returned, without our approval. Pre-payment with 50% non-refundable deposit is required.
Sales Tax: UKAM Industrial is required to charge applicable state and local tax on every item for witch sales tax exemption certification has not been provided. When ordering please indicate clearly witch items are tax exempt. Sales tax is only charged for customers located in state of California.
Payment Terms: Pre-payment by credit card. We are happy to accept Visa, Master Card, & American Express. We also accept money orders, wire transfers and checks in US dollars that have cleared our bank. For purchasers with established credit, terms are Net 30 days from date of shipment. If credit is not established, please include payment with order or pay by credit card or wire transfer. Cash or anticipation discounts are not allowed. All payments must be in U.S. Dollars.
FREIGHT POLICY:
Equipment, Parts and accessories: F.O.B. Shipping point (Valencia, CA). Diamond tools: F.O.B. Shipping point with freight allowed on orders of six or more tools if shipped by carrier of our choice. Unless routing is specified on each order, our shipping department will rout all shipment via one of the following carriers:
UPS & FEDERAL EXPRESS . shipments via air freight or other higher cost transportation will be invoiced.
EXPRESS SERVICE . when you want an order delivered as quickly as possible, ask for Express Service. We will help you select the fastest means to delver your order.
DEFECTS:
The billing department must be notified of any price or quantity errors within 5 days after receipt of shipment. Defective merchandise may be returned no later than 30 days after receipt. Contact our Customer Service to Request a Claim Data Sheet. Upon completing this form, you will receive a RETURN AUTHORIZATION NUMBER. The product will be inspected in our laboratory and your claimed reviewed. You will be notified in writing of our findings. Please note, when a tool fails or does not work properly, it does not mean it was defective. In a large majority of cases, the customer has incorrectly used the tool. Such as using at incorrect RPM, not enough coolant reaching the tool, not properly setting up or aligning tool in machine, and etc.
CLAIMS:
All claims for merchandise damaged in transit must be with the freight company.
Any claims regarding or relating to any aspect of products purchased, services rendered must be made within first thirty (30) days of invoice date.
SHORTAGES:
Open and inspect all cartons upon receipt. Shortage claims will only be honored when reported promptly (within 24 hours of merchandise receipt).
RETURNED MERCHANDISE:
Should you wish to return any product you have purchased from us please observe the following:
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Our customer service department must be contacted for approval to return merchandise.
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Merchandise will not be accepted without a Return Goods Authorization number.
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All returned merchandise must be shipped prepaid to destination.
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All returned merchandise must have been purchased within the previous 30 days and be in resalable condition (not used).
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A restocking and handling charge of 25% will be billed, unless approved by a representative.
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Custom made products are not returnable.
Before any product can be returned to us, you must request an RMA number online from Customer Service. Requests for an RMA number must be made within 30 days from the date you received your order. Additional information including the return address will be provided to you once your request has been approved. By issuing you an RMA number, we assume that your return meets our guidelines. If possible, please include a copy of the original packing slip with your return. All products must be returned to us at your own expense. We recommend that you use a service such as UPS that provides a tracking number and includes insurance. In addition, we must receive your return within 30 days from the date the RMA number was issued.
Once we have received and approved your return, we will issue a credit back to the original payment method. The credit will be for the amount of the purchases, promotional discounts and/or coupon codes, kept/used tools and original shipping charges.
If you return a product and you used a free shipping coupon code when you placed your order, the full original shipping charge will be deducted from the refund amount.
CREDITS:
Credit for returned goods not accompanied by the original invoice number will be issued at the current price from which shall be deducted.
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25% of the net credit value, for handling and restocking
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Inbound credit charges for merchandise received collect
Credit for freight charges shall be issued on defective materials and in-house errors only. Credit not taken within a 6 month period will be forfeited. Refund check shall not be issued unless the account is to be closed permanently.
CHANGING OR CANCELING AN ORDER
Order changes or cancellations may be made if the order has not shipped. There are no fees for altering/changing an order. For order cancellations a 0.5% processing fee may apply for some products. For Custom manufactured products, you must check with customer service if order change/alteration or cancellation can be made (depending where your order is in the manufacturing process).
GENERAL TERMS:
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All prices are quoted in U.S. Dollars.
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Prices are subject to change without notice.
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All prices, terms and quotes are binding when approved in writing.
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Written quotes expire sixty (30) calendar days from date of issuance.
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All orders constitute a binding contract between the seller (UKAM Industrial Superhard Tools) and the buyer when seller releases shipment.
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Title to all goods transfers to the buyer at the FOB point.
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If no invoice is found with the shipment, buyer should notify UKAM Industrial Superhard Tools immediately and a second copy will be issued.
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Unless otherwise expressly agreed, UKAM Industrial Superhard Tools may make delivery in one or more installments with each installment being treated as a separate agreement.
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An order shall not constitute a binding contract between Seller and Buyer until (a) Buyer shall have received Seller's written acknowledgment of its acceptance of the order or (b) Seller shall have made shipment.
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Seller's Terms and Conditions of Sale shall prevail over Buyer's Terms and Conditions of Purchase. Our standard terms and conditions are accepted by buyer when ordering. We don not accept any deviations from those terms. If any additional or different terms or conditions are included in your order, we may choose to fulfill your order, but the additional or different terms and conditions will not apply or be deemed accepted by us.
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The prices and terms in this Agreement are not subject to verbal changes or other agreements unless approved in writing by the corporate headquarters of Seller.
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Prices are based upon costs and conditions existing on date of quotation and are subject to change by Seller before final acceptance.
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When quotation specifies material to be furnished by Buyer, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production.
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When material is to be furnished by Buyer, goods are to be delivered to Seller's factory dock freight and applicable duties paid.
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Delivery dates mentioned in any Agreement are approximate only and not of any contractual effect and Seller shall not be under any liability to Buyer in respect of any failure to deliver on any particular date or dates.
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Delivery shall be at Seller's premises unless otherwise stipulated or agreed by Seller. Seller will charge for delivery other than at its premises at its standard delivery rates.
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All non standard products, machines equipment, process development, and / or services. Written price quotation must be obtained from an authorized representative.
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Export freight terms are quoted in accordance with INCOTERMS 1990, or when they become available, INCOTERMS 2000, except as otherwise provided herein. All shipping and related charges will be paid by Buyer.
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All drawings, designs, specifications and other information submitted by Seller are the property of Seller, are confidential and shall not be disclosed to any third party without Seller's prior written consent.
Clerical Errors & Waiver
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UKAM Industrial Superhard Tools is not liable for clerical errors which may be corrected at any time.
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UKAM Industrial Superhard Tools is not liable to buyer for loss, damage, detention or delay resulting from causes beyond its reasonable control.
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UKAM Industrial Superhard Tools has no liability in the case of orders arising from typographical errors and reserves the right to cancel any orders. Every effort has been made to ensure accuracy of information listed and UKAM Industrial Superhard Tools is not responsible for any errors contained therein.
WARRANTY:
UKAM Industrial Superhard Tools, warrants all products manufactured or distributed by us against defects in workmanship and materials. The responsibility of UKAM Industrial Superhard Tools, under this warranty, is limited to replacement or repair of defective parts at UKAM Industrial in Valencia, CA. In no event shall UKAM Industrial Superhard Tools be liable for consequential damages arising out of failure of any product if operated improperly.
This warranty DOES NOT cover normal wear or damages resulting form operator abuse, improper, or incorrect use. Nor does this warranty cover FITNESS FOR A PARTICULAR USE. This warranty is in lieu of all other warranties expressed or implied.
Diamond Tools perform and react differently with each individual application /material. Meaning EACH MATERIAL/APPLICATION
REQUIRES A DIFFERENT SOLUTION/TECHNOLOGICAL PROCESS. Based on our experience & input from other customers. UKAM Industrial Superhard Tools makes its best effort to provide information & recommendations on selecting the right proper diamond tool usage for your application. However, please note: The diamond tool itself is only a small factor in your overall machining operation. Successful Results will depend on a large variety of factors such as:
a.) Selecting the right tool for your material/application
Maintaining & Using proper:
b.) RPM's
c.) Coolants
d.) Equipment
e.) Dressing Devices
f.) Accessories
Selecting these parameters, often involves a trial and error process. UKAM Industrial Superhard Tools has no way of controlling the environment & conditions under witch its tools will be used by the "end user". What works for one application, may not work for another. Hence, in no event shall UKAM Industrial Superhard Tools be liable to any party direct or indirect, for special or other consequential damage due to use of its information, recommendations, or tools.
IN NO EVENT SHALL ANY LIABILITY UNDER THIS WARRANTY EXCEED THE REPLACEMENT COST OF ANY DEFECTIVE PRODUCT OR COMPONENT THEREOF, AND UKAM Industrial Superhard Tools SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGE OR LOSS NOT EXPRESSLY ASSUMED AS SET FORTH HEREIN.
NOTE ON PRODUCT LIFE & PERFORMANCE:
Every effort has been made to accurately represent all products on our web site, their potential, and working live. When estimated product life is indicated, this information was usually obtained in scientifically accurate laboratory tests, under close to ideal conditions. Using proper equipment, speeds, feed rates, coolant system, coolant, material holding method, dressing procedure and very experienced operator. Unfortunately we cannot provide guarantee that they user will obtain same life from this product or estimate life you will experience in using this product.
Example of estimated life in reported in laboratory tests are not to be interpreted as a promise or guarantee of life of a product. Product life is entirely dependent on the person using the product, their skills, technical background, and experience in using this type of product in same or similar applications. Many novice users may experience a learning curve. And will notice product life will increase with amount of use and experience. Since these factors differ according to individuals, we cannot guarantee specific tool life or level of performance.
WARRANTY RELATED CLAIMS:
Contact our Customer Service to Request a Claim Data Sheet. Upon completing this form, you will receive a RETURN AUTHORIZATION NUMBER. The product will be inspected in our laboratory and your claimed reviewed. You will be notified in writing of our findings. Please note, when a tool fails or does not work properly, it does not mean it was defective. In a large majority of cases, the customer has incorrectly used the tool. Such as using at incorrect RPM, not enough coolant reaching the tool, not properly setting up or aligning tool in machine, and etc. This can be determined during our inspection.
CONTINUOUS Rim Blade Warranty
If the bond between the diamond rim and the core fails during normal use, the blade will be replaced free of charge.
CLAIMS / DISPUTES:
All disputes regarding any issue, such such as merchandise not received, warranty, and etc. should be sent to us in writing and resolved within 30 days of purchase date. All costs associated with disputed credit card charges, including but not limited to fees assessed by our banking institutions for processing such disputes will be your responsibility, unless the charge being disputed was due to negligence on our part such as accidental charges to a credit card. An Administrative fee for such disputes that are not due to negligence on our part may be assessed and added to your account balance by us.a
LIMITATION OF LIABILITY
UKAM Industrial SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST PROFITS, LOST SALES, DAMAGES FROM DELAYED OR FAILED SHIPMENT, OR THIRD PARTY CLAIMS) ARISING FROM TRANSACTIONS BETWEEN YOU AND UKAM Industrial, NOR FROM HANDLING, USE, STORAGE METHODS, OR POSSESSION OF ITS PRODUCTS. YOU AGREE THAT UKAM Industrial IS NOT LIABLE FOR ANY DAMAGE CLAIMS CONNECTED WITH THE APPLICABILITY OR ACCURACY OF ANY ADVICE OR INFORMATION, WRITTEN OR ORAL, GIVEN BY UKAM Industrial, ITS AGENTS OR EMPLOYEES. COMPOSITES ONE'S TOTAL LIABILITY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF TRANSACTIONS WITH YOU SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE LIABILITY.
INDEMNIFICATION
Buyer agrees to indemnify and hold harmless UKAM Industrial, its affiliates, and employees and agents of any of them, from and against any and all actual or threatened liabilities, damages, losses, demands, judgments, causes of action, claims (including but not limited to, claims of patent, copyright and/or trade secret infringement), expenses, and costs including attorney's fees and investigation, fines, penalties, and any other charges which arise from or relate to Buyer's actual or intended use of the products, or the performance, non-performance or purported performance of any covenant or agreement, or the breach of any representation, warranty, covenant or agreement hereunder.
CROSS REFERENCE INFORMATION:
Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, the performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.
Copyright
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
Right to Refuse
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
GOVERNING LAW
These Terms shall be governed by the laws of Los Angeles County (California) USA without regard to that state's conflict of laws principles. Buyer agrees that jurisdiction and venue of any legal action relating to the transactions shall be in the State of California, USA.
International Orders
UKAM Industrial requires pre-payment in full by either US bank money order, MasterCard, or Visa prior to shipment unless other terms have been approved UKAM Industrial Superhard Tools. Payment by credit card is accepted only few countries such as: Mexico, Canada, Western Europe, Singapore, and Malaysia. For most other countries, payment in full by wire transfer is required.
All prices are quoted Valencia, CA U.S.A. Unless otherwise stated. All expenses such as freight, duties, taxes, and brokerage fees will be the responsibility of the consignee. You may either choose your own freight forwarder or we will provide one for you based upon the best service for the particular destination. Please note that if we select the forwarder on your behalf, the associated charges will be added to your invoice.
All losses or damages incurred in transit are the responsibility of the consignee, but we will be happy to assist in the claims process by providing supporting documentation
C.O.D. shipments are not available for non-U.S. deliveries. Unpaid Collect freight bills that are reversed and charged back to the shipper will be rebilled with an additional fee from UKAM Industrial Superhard Tools. If this occurs, no further shipments will be allowed until the account has been paid in full. Frequent abuse of collect shipments will result in prepayment only status. Customer Service will contact you for additional information upon receipt of order.
If you have an established Customs Broker, we would be happy to identify them on the export documents. Please have their contact information ready when Customer Service contacts you. Also, recording your import license on these documents can often expedite Customs clearance. Again, please advise Customer Service.
If your country requires any additional documentation, please notify Customer Service of the appropriate details.
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Pro Forma Invoice
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Letter of Credit
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Country Specific Commercial Invoice
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Consular Legalization
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Chamber of Commerce Certification
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Pre-shipment or SGS Inspections
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Certificate of Conformance
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Specialized Certificate of Origin
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Quarantine Certificate
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Special Labeling, Packaging, or Marking
Some of the above items may require a nominal fee to be added to the invoice.
Please be advised that export deliveries require additional processing time and may necessitate minimal delays.
Due to extensive screening and possible licensing requirements, an additional fee will be charged for any international shipments to locations other than the customer's primary address.
Force Majeure
Seller shall not be liable to Buyer for loss, damage, detention or delay resulting from causes beyond its reasonable control including, but not limited to, fire, strike, or other concerted action of workmen, act or omission of any governmental authority or of Buyer, insurrection or riot, embargo, car shortage, wreck or delay in transportation, or inability to obtain necessary labor, materials, or manufacturing facilities from unusual sources. In the event of delay due to any such cause, the date of delivery will be postponed by such length of time as may be reasonably necessary to compensate for the delay. In no event shall seller be liable for consequential damages or claims for labor resulting from failure or delay in delivery.
