Claims for shortage, damage or loss must be made in writing within 45 days of invoice date.
Items returned for repair must be prepaid to the location designated by the Service Center and will be returned prepaid with freight charged. No minimum charge on repairs.
NON-WARRANTY STOCK RETURNS
Standard stock items that are current and saleable may be returned, only after written authorization and shipping labels are obtained from Simonds Industries Inc. The material must be returned prepaid to the location designated on the shipping label by Simonds. All returns are subject to a 15% handling charge (value of the authorized returned material) plus any reconditioning costs. Additionally, an offsetting stock order of equal or greater value than the stock return must be placed at the time of the return. Custom made products, including welded-to-length bandsaw blades may not be included in stock returns. Returns are limited to one (1) per calendar year per customer, must be a minimum of $1,200 in invoiced value, and must not exceed 10% of the total purchases by the customer in the prior twelve (12) months.
Simonds warrants to its customers that all non-capital goods manufactured by it are merchantable, fit for the purpose intended and free from defects in material and workmanship. Any item claimed to be defective must be returned by Simonds’ customer prepaid for inspection, to the location designated by the Service Center. Items showing abusive use, use for purposes other than intended, or which have been altered in any manner will not be repaired or replaced except at the expense of Simonds’ customer. If any such item is found to be defective by Simonds, such items will be repaired, replaced or an adjustment made in the exercise of Simonds’ sole discretion. Replacements or items repaired will be shipped freight prepaid. THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY SAMPLE WARRANTY, AND ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
TRANSPORTATION ALLOWANCES AND CHARGES
Orders for the following products will be prepaid and freight allowed to one destination within the United States, excluding Hawaii, if net value of the order is $500 or more. Orders under $500 net value will be shipped freight collect or prepaid and charged on the invoice.
Metal Bands – All Types
Files – All Types
All other products will be shipped freight collect or prepaid and charged on the invoice regardless of the order value.
LIMITATION OF LIABILITY
SELLER’S EXCLUSIVE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY UNDER THIS WARRANT SHALL BE LIMITED TO (AT SELLER’S SOLE OPTION) REPAIR OR REPLACEMENT OF F.O.B. AT SELLER’S PLANT OF ANY DEFECTIVE PRODUCTS OR REFUNDING OF THE PURCHASE PRICE TO THE CUSTOMER. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES OR PROPERTY DAMAGE) OR LOST PROFITS ARISING FROM OR RELATED TO THIS AGREEMENT, THE BREACH HEREOF OR THE USE OR HANDLING OF ANY PRODUCTS MANUFACTURED OR SERVICED BY SELLER. THE CUSTOMER ACKNOWLEDGES THAT SELLER’S PRICES FOR ITS PRODUCTS AND SERVICES ARE BASED UPON AND ARE ADEQUATE AND SUFFICIENT CONSIDERATION FOR LIMITING SELLERS’ LIABILITY HEREUNDER. CUSTOMER ACKNOWLEDGES THAT IT HAS OBTAINED INSURANCE AND HAS TAKEN OTHER MEASURES TO PROTECT ITSELF FROM THE RISK OF LOSS.
The customer shall defend, indemnify and hold harmless Seller with respect to any claim, cause of action, obligation or liability, including, but not limited to, personal injury and property damage claims, arising out of or related in any manner to any breach of the terms and conditions hereof by the customer, any alteration or modification of Seller’s products not approved in writing by Seller, any design, use, storage, installation or application of products sold or serviced by Seller by the customer or any of the customer’s employees, agents, subcontractors, invitees, customers or others with access to such products, or as to any claim that Seller’s manufacture or servicing of the products pursuant to designs supplied by the customer infringed any patents, trade secrets or other rights of third parties.
Seller shall not be liable for any delays or nonperformance resulting from force majeure, including, without limitation, strikes, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, or other abnormal manufacturing conditions, delays or failures of carriers or communications, fire, flood, storms, accident, riot, war and invasion, governmental requisitions or priorities, acts of God, or other causes beyond Seller’s reasonable control.
Cancellation requests for other than stock material may require payment of a cancellation charge. This charge will include all material, services, and supplies provided to the point of cancellation request.
We reserve the right to ship ± 10% of the quantity ordered.
(a) No waiver of any of the terms and conditions herein shall be effective unless waived in writing in a specific instance by Simonds. (b) In the event of conflict between the provisions hereof and the provisions on any general form of terms and conditions used by any Customer, these terms and conditions shall supersede and be controlling in all such instances. (c) Any dispute relating to any good purchased subject to these terms and conditions shall be resolved exclusively within the courts of the Commonwealth of Massachusetts.