Your purchases from TekkiShop are made subject to these Terms and Conditions. Please review them carefully before placing your order. TekkiShop’s Terms and Conditions are subject to change. By purchasing from TekkiShop you agree to be bound by the Terms and Conditions in effect at the time you place your order, which may be viewed at www.tekkishop.com.
We object in advance to any additional or different terms you may propose, whether contained in a purchase order or in any other document or communication and regardless of whether such additional or different terms would materially alter our Terms and Conditions. Your submission of a purchase order or other authorization for products or services, or your allowing us to ship products or commence work, will constitute your acceptance of all of our Terms and Conditions, except to the extent specifically consented to by us in a written confirmation sent to you and signed by an authorized representative of TekkiShop.
- Our Commitment: We promise that you we will make all efforts to make sure you receive your order error free, and in good condition. We cannot guarantee on-time delivery for all orders especially those involving HAZMATS, drop shipments, shipments outside the continental U.S. or to remote destinations, unauthorized transportation carriers, extreme weather conditions, or acts of God. Please inspect products immediately upon receipt and notify TekkiShop of any damage or shortage the same day.
- Prices: All sales will be based upon those prices set forth on the website, unless otherwise agreed upon in writing. State sales tax, if applicable, will be added to your invoice unless an acceptable resale tax exemption certificate is provided. TekkiShop reserves the right to increase and/or decrease pricing at any given time without prior notice. Please be advised that a $4.50 minimum order fee will be applied to all orders less than $50.00.
- Delivery: We will make every effort to ship in accordance with the delivery option you have chosen. Delivery dates may be affected by late receipt of all information necessary to ship or other causes beyond our reasonable control. In any event, we are not liable to you for any loss of time, material, or production or any other loss resulting from late delivery.
- Payment Terms: If you would like to establish payment terms, please contact our Accounting Department or your assigned Account Manager There will be a $35.00 charge for returned checks. Customers paying by COD (Cash on Delivery) will pay a 5% surcharge. Customers paying by Credit Card will pay a 3% transaction fee. Any amount not paid in accordance with specified terms will bear interest at the lesser of fifteen percent (16%) per annum, compounded monthly, and the highest rate permitted by applicable law. In the event TekkiShop retains a collection agency or attorney to enforce any of your obligations to TekkiShop, you agree to pay all of TekkiShop’s costs and expenses associated with such enforcement, including all collection, attorney, and litigation fees. You agree to pay or reimburse TekkiShop for any and all sales, use and excise taxes that may be imposed on you or TekkiShop by any government entity as a result of any sales to you, regardless of when such taxes may be assessed, imposed, or levied. Amounts that you owe to TekkiShop may be deducted by TekkiShop from, or otherwise set off by TekkiShop against, any amounts that TekkiShop may from time to time owe to you. Our Accounting Department is available to help you in all billing matters. Note: We reserve the right to change terms of sale at any time.
- Credit Expiration: All credit memos issued will expire in 12 months after date of issue. No payment will be issued for unused and/or expired credit memos.
- Warranty Support: Although TekkiShop does not separately warrant products, we do pass through all manufacturers’ warranties and will be happy to help you determine the extent of coverage for your claim and assist you with the warranty support offered by the manufacturer. Please contact Customer Support at xx3if you have any questions about warranties. In no event shall TekkiShop be responsible for the warranty of the products we distribute.
- Shipments: Title and risk of loss pass when merchandise is shipped (FOB Shipping Point), however, we will assist you if merchandise is verified as damaged in transit. If damages occur in transit, please take the following action: Do not accept a visibly damaged product until the person making the delivery has endorsed the bill of lading with a statement of the extent of the damage at the time of delivery. If damage is concealed and found after unpacking, retain all packing material and immediately call us. Concealed damage must be reported within 24 hours from time of receipt of shipment. Please notify us immediately of damages so that we can provide you with assistance on the claim with the freight carrier. Short shipments must be reported within 24 hours of receipt of shipment.
- Limitation of Liability: In no event shall TekkiShop be liable to you under any legal theory whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including, but not limited to, such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) lost use of equipment, (iv) purchase, lease, or other acquisition of replacement, substitute, or temporary equipment, facilities, or services, (v) costs of capital, (vi) costs or losses related to downtime, (vii) manual labor costs, or (viii) any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchases of goods or services from TekkiShop, including losses resulting from your general or particular requirements or needs, whether or not TekkiShop, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. TekkiShop’s liability to you shall in no event exceed the purchase price of the nonconforming goods or services giving rise to TekkiShop’s liability to you. The manufacturer warranties that we pass through to you typically contain limitations similar to those stated in this paragraph.
- Compliance with Laws: You agree to comply with all laws and regulations that apply to your use, or the resale or other transfer, of products that you purchase from TekkiShop. In some cases, the export of products from the US may be subject to restrictions or prohibitions under US law. You are urged to review the materials regarding such restrictions made available by the manufacturer/supplier and, where appropriate, to consult legal counsel. In any case, however, you remain solely responsible for such compliance, and TekkiShop takes no responsibility for advising you regarding such matters or for providing any necessary export licenses.
- Governing Law and Venue: TekkiShop’s Terms and Conditions hereunder shall be construed in accordance with the applicable laws of the State of Florida without regard to conflicts of law provisions thereof, or, as appropriate, federal laws of the United States. Any action or proceeding arising from or relating to these terms must be brought in a federal or state court in Miami-Dade County, Florida.
- Severability: If any provision of TekkiShop’s Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect. In the event any clause, section or part of TekkiShop’s Terms and Conditions shall be held or declared to be void, invalid, or unenforceable for any reason, all other provisions will nevertheless continue in full force and effect.