Terms and Conditions
Terms and Conditions of Sales
PLEASE READ THIS AGREEMENT:
It contains the Terms and Conditions of sale that apply to the purchase of products from Timberwolf Supply (“the company”). Any different or additional terms set forth in the customer’s purchase order or similar communication shall not be binding on the company unless a separate agreement has been signed by an authorized officer of Timberwolf Supply. By placing an order for merchandise from the company, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products you agree to be bound by and accept these Terms and Conditions of sale.
AVAILABILITY AND PRICING:
All Catalog product listings, availability, specifications, and pricing are subject to change without notice. Orders are not binding upon Timberwolf Supply unless accepted by an authorized representative of Timberwolf Supply. Prices and charges listed in the catalog and discussed herein are in U.S. dollars. Timberwolf Supply reserves the right to terminate accounts, refuse service or cancel orders in its sole discretion. Timberwolf Supply may also modify or change these Terms and Conditions of Sale from time to time without notice. Prices shown in this website reflect the latest information available at the time of the printing of the catalog or uploading of an electronic catalog. Prices charged will be the prices prevailing when an order is placed. For scheduled deliveries over 60 days, Timberwolf Supply reserves the right to charge Timberwolf Supply the price of the products at time of shipment if higher. Timberwolf Supply’s quoted prices do not reflect the cost of any third-party procurement services or accommodating Customer’s purchases via credit card, software or e-commerce provides and Timberwolf Supply may as such pass through the additional charges incurred as a result of Customer’s use of such purchasing methods. Prices shown do not include any State, Federal or local taxes or any present or future use, sales, excise, value-added or similar taxes. Such taxes, where applicable, shall be billed as a separate item and paid by Customer. Orders are accepted with the full understanding that such taxes will be added, as required by law. Timberwolf Supply charges local sales tax for New Jersey, unless the Customer has a valid sales tax exemption certificate on file with Timberwolf Supply.
The Company will take your order with advance payment via cashier’s check or money order, or with an accepted credit card. For open accounts late payment charge of 1-1/2% per month (annual percentage rate of 18%) shall be charged on all past due accounts and Customer shall pay Timberwolf Supply all costs incurred by it in collecting any past due account from Customer, including all court costs and attorney’s fees. However, if the foregoing charges exceed that rate which may be lawfully charged under applicable law, then such charges are to be calculated so as not to exceed the lawful rate. A $25.00 service charge will be levied on all returned checks.
OPEN ACCOUNTS/CUSTOMER’S FINANCIAL CONDITION:
A Customer that desires to open a credit account must furnish the information as requested by Timberwolf Supply. Timberwolf Supply reserves the right in it absolute discretion to grant, discontinue or refuse any extensions of credit, or reduce or suspend any credit limit at any time. Timberwolf Supply also reserves the right to require payment in advance, cancel any order, require the Customer to provide adequate assurance of performance, without any liability by Timberwolf Supply in the event of the Customer’s filing of a petition in bankruptcy, insolvency, the appointment of a receiver or trustee for Customer or the execution by Customer of an assignment for the benefit of creditors.
Unused product in re-sellable condition in full count cartons may be returned at any time for store credit only. Returns of non-defective product are subject to a minimum15% restocking charge. Product that is defective may be returned at any time for full store credit and is not subject to restocking charges.
Items being returned for exchange due to damage in shipping, manufacturer’s defect or incorrect shipment must be returned unused and complete, to: Timberwolf Supply, c/o Quest Technology International, Inc. 11200 N.W. 138th Street, Medley, FL 33178. Product will be inspected upon receipt and any replacement for damaged product or shipping errors on the part of Timberwolf Supply will be made. Product must be returned and received by Timberwolf Supply prior to any shipment of replacement product.
Permission for the return of products must first be secured from the Company. Products returned without a Return Authorization Number (RA) will not be accepted. Return Authorization Requests showing shipper or invoice number, quantities of items, date and catalog number will be acted upon promptly. Authorizations are conditional. All Return Material must be received and inspected by Timberwolf Supply before authorizations are made final. Credit will be issued at the original price charged less handling and transportation charges. Return of defective product will receive full store credit. Returns of non-defective product are subject to a minimum 15%restocking charge. All claims for shortages must be made no later than 72 hours of receipt of product.
SECURE SOCKETS LAYER (SSL)
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
All information about the customer collected by Timberwolf Supply will be used only for the purpose of the sale and transaction of merchandise between Timberwolf Supply and the Customer. No Information will be sold or given to or shared with any outside companies or entities for any purpose. Contact information will not be used for solicitation of future business, advertisements, or notification of promotions without permission from the Customer. Credit card numbers will be removed from our database unless the retention of this record in the account set up for future ordering is requested by the Customer.
SHIPPING & HANDLING/DELIVERY:
All Discounts offered for minimum order amounts apply only to U.S. domestic shipments. All export orders shipping costs will be the responsibility of the customer. All U.S. domestic shipments are FCA Shipping Point in accordance with Incoterms 2000. In all cases, upon delivery, title shall pass to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges will be billed separately at the discretion of Timberwolf Supply. Next Day and Second Day Air Service are available within the 48 contiguous states, Alaska, Hawaii, and Puerto Rico. Delivery dates provided in advance are estimates only. These dates shall not represent fixed or guaranteed delivery dates. Export shipments are on the basis of FCA Timberwolf Supply Warehouse in accordance with Incoterms 2000. Timberwolf Supply shall charge separately for the costs, insurance, and freight to bring the export shipment to the named place of destination.
HOW TO RETURN MERCHANDISE TO TIMBERWOLF SUPPLY
E-mail the Customer Service Department and request an RA (Return Authorization) number, which will be valid for 30 days – 2. Pack the item(s) securely, along with a copy of your invoice. Include a brief explanation of why the merchandise is being returned. – 3. Print the RA number legibly in bold, visible letters on the outside of the shipping carton. Send the package to: Timberwolf Supply c/o Questy Technology International Inc. 11200 N.W. 138thStreet, Medley FL 33178. Important Notes 1. Timberwolf Supply will not accept Freight collect or COD returns. 2. A 15% restocking charge will be imposed on parts returned due to customer error. All parts with all accessories must be returned enclosed in the original packaging. 3. To receive a credit, parts must be returned within 30 days. Incorrect orders must be reported within 30 days of invoice date.
HAZARDOUS APPLICATIONS PROHIBITED:
The company’s products are not authorized or recommended for safety, surgical implant, life support, nuclear, military or commercial aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or property. Customer assumes all risk and liability for use in such applications and agrees to indemnify Timberwolf Supply for all damages that may be incurred due to the use of the Company’s products in these prohibited applications.
All specifications, drawings and particulars of dimensions, weights, capacity or other details contained in the Timberwolf Supply catalog(s) and website are intended to give a general description of the products only and will not be part of this Agreement. If the product description in Timberwolf Supply’s catalog(s) or website differs from the manufacturer’s description, the manufacturer’s description will be deemed correct. Timberwolf Supply is not responsible for typographical errors in the catalog.
WARRANTY & LIMITATION OF LIABILITY:
Products are sold by Timberwolf Supply with such warranties as may be extended by the manufacturer of the product(s), and there are no warranties for services bundled with the products, value added services, or other services provided by the Timberwolf Supply. Copies of the manufacturers’ warranties are available prior to the purchase of products by e-mailing Timberwolf Supply. Timberwolf Supply makes no other warranties and any and all implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed. Customer is responsible for installation and use in accordance with manufacturers’ instructions and Timberwolf Supply shall not be responsible for customer’s improper selection of a product for a particular application or otherwise. No warranty will apply if its products are in any way altered or modified after delivery by the Timberwolf Supply. Timberwolf Supply’s liability on any claim for loss or damage arising out of this agreement or from the performance or breach of this agreement or connected in any manner with the supplying of any products or services hereunder, or the sale, resale, operation or use allocable to such products or part thereof involved in the claim, whether based on warranty, contract, tort (including negligence and for property damage and death) or other grounds, shall not in any event exceed the price allocable to such products or part thereof involved in the claim, regardless of cause or fault. In no event shall Timberwolf Supply be responsible to customer or any third party for any consequential, incidental or indirect damages, including but not limited to loss of profits, revenues, sales, data, business, goodwill or use, even if the Company has been advised of the possibility of such loss or damage. The parties agree that without this limitation of liability, Timberwolf Supply would not have agreed to the price or terms and conditions of this agreement. The limitation of liability set forth herein applies both to services and products purchased or otherwise provided hereunder. Any cause of action against Timberwolf Supply must be instituted within 1 year from the date of purchase or provision of the products or services. If Timberwolf Supply provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, Timberwolf Supply giving of such advice or assistance will not subject Timberwolf Supply to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
INTELLECTUAL PROPERTY RIGHTS:
The products offered for sale by Timberwolf Supply may be subject to patent, trademark, copyright, design and other rights of third parties. Timberwolf Supply shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. Timberwolf Supply’s entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein. Except as stated below, none of the materials in Timberwolf Supply catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of Timberwolf Supply. Customer may download, store, print and copy selected portions of the content in Timberwolf Supply’s catalog(s) and website(s) provided Customer:(1) only uses the content downloaded, stored, or printed for furthering Customer’s business with Timberwolf Supply; (2) does not post or publish any part of the content from the catalog(s) or website(s) on any other Internet site or in any other catalog; (3) does not broadcast or publish any part of the content from the catalog(s) or website(s) in or on any other media; and (4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
Timberwolf Supply shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of Timberwolf Supply in its business operations.
This Agreement and any sales hereunder shall be governed by the laws of the State of New Jersey without regard to conflicts of laws rules and venue shall be in the federal and state courts of Somerset County, New Jersey, United States of America.
Actions by Timberwolf Supply for non- payment by the Customer of the purchase price of products sold by CableManagementSupply.com, or for redress of other breaches by the Customer of these Terms and Conditions of Sale may be brought by Timberwolf Supply, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at Timberwolf Supply’s option, disputes between Timberwolf Supply and the Customer, including all claims for non-performance by the Company, shall be finally settled by arbitration in Somerville, New Jersey under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Commercial Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of New Jersey U.S.A.
If any provision or provisions of this Agreement shall be held to be invalid, unenforceable or illegal, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Timberwolf Supply’s failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of Timberwolf Supply’s rights hereunder, shall not constitute a waiver of any of Timberwolf Supply’s rights or remedies under this Agreement.
NO THIRD PARTY BENEFIT:
The provisions set forth in these Terms and Conditions of Sale are for the sole benefit of the parties hereto, and confer no rights, claims or benefits upon any person or entity not a party hereto.
INTELLECTUAL PROPERTY STATEMENT:
Premiere Raceway Products are Made in U.S.A.! All rights reserved. WireHider, Raceway On-A-Roll and all other Premiere Raceway Products, Inc. brands and product names are trademarks of Premiere Raceway Products, Inc. All other brands and product names are trademarks of their respective companies.