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All sales of goods by Star Asia USA, LLC
(“Titan”) to its customers (“Buyer”) are subject to
and conditioned upon Buyer’s acceptance of these Terms and Conditions
of Sale (“Terms and Conditions”). The Buyer’s agreement to these
Terms and Conditions shall be conclusively presumed from Buyer’s
failure to promptly object in writing and/or from Buyer’s order for
Terms and Conditions
Credit. Shipments, deliveries and performance
of work shall at all times be subject to the approval of Titan’s Credit
Department. Titan may at any time
decline to make any shipment or delivery except upon receipt of prior payment
or security or upon other terms and conditions satisfactory to Titan.
Terms of Payment. Subject to the credit provisions
above, terms of payment are as shown on Titan’s quotation or
invoice. Any payment not made
when due shall accrue interest at the lesser of
twelve percent (12%) per annum, or the maximum rate permitted by law, until
paid in full.
Terms and Terms of Shipment
Freight Terms. Unless otherwise stated by Titan,
Titan will pay freight on all orders of $1500.00 and over to be shipped
inside the continental United States.
Call for freight rates on orders shipped outside the continental
United States. Customers may inquire about shipping collect with their
preferred carrier. Unless otherwise stated, all shipments are F.O.B.
Titan’s warehouse in Kent, Washington or supplier’s dock. Title to the subject goods and risk of
loss shall pass to Buyer upon Titan’s or supplier’s placing the
goods with a commercial carrier.
Prices: Our prices are subject to change without any
prior notice. Unless otherwise
stated, prices quoted do not include freight, insurance, import duties, or
sales, use, excise or any other taxes or governmental fees, impositions or
assessments, all of which shall also be billed to and be paid by Buyer. Any increases or additions in the
foregoing charges imposed by law, regulation or governmental action following
Seller’s quotation or confirmation of prices shall also be paid by
Buyer. Prices quoted by Titan are
subject to change because of increase in Titan’s costs upon sixty (60)
days prior notice, and shall be paid by Buyer for all subsequent deliveries
unless objected to, in writing, prior to shipment. In the event of such objection, Seller
shall be excused from making further shipments.
Unless otherwise noted on an order acknowledgement,
all orders to Titan are deemed cancelled if items are not available to be
Buyer shall immediately notify Seller of any defect
and afford Titan a reasonable opportunity to confirm, should it choose to do
so. No goods may be
returned without the Seller’s written consent. Please fax or e-mail your request to : Fax (253)
735-5386 e-mail: email@example.com. We will advise you of terms and
disposition of the product along with a Returned Merchandise Authorization
(RMA). A 15% restocking fee may
be assessed on any returned goods.
Titan warrants to purchasers of our products at
retail as follows:
Our products are free from defects in material and
workmanship under normal usage.
If such a defect is found, the purchaser at retail may return the
product, within 90 days from date of purchase, with a sales receipt to the
original place of purchase for a replacement. After 90 days and up to one year call
our customer service department at 800-368-0191 for parts availability and
NOT BE VALID IF THE PRODUCT HAS BEEN MISUSED, MODIFIED, ALTERED OR REPAIRED
BY A PARTY NOT AUTHORIZED BY TITAN.
THIS WARRANTY IS VOID IF THIS PRODUCT IS USED FOR RENTAL PURPOSES.
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY OR AT
COMMON LAW, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, THE
WARRANTY OF FITNESS OF THE GOODS FOR ANY SPECIFIC PURPOSE, WHETHER OR NOT
KNOWN TO TITAN, AND ANY WARRANTY OF MERCHANTABILITY.
LIABILITY. TITAN’S LIABILITY SHALL BE LIMITED SOLELY TO PROVIDING
REPLACEMENTS FOR DEFECTIVE OR NONCONFORMING GOODS. TITAN SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR
INDIRECT DAMAGES INCURRED BY BUYER OR ANYONE CLAIMING THROUGH BUYER, EXCEPT
TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAW.
AT NO TIME BE LIABLE FOR A CLAIMED BREACH OF THIS AGREEMENT IN AN AMOUNT
EXCEEDING THE STATED PRICE OF THE AFFECTED GOODS.
Force Majeure. Titan shall be excused for any delay
or failure in performance due to acts of God, war, riot, embargoes, acts,
laws or regulations by civil or military authorities, fires, floods,
accidents, quarantine restrictions, manufacturing conditions, strikes,
differences with workmen, delays in transportation, shortage of cars, fuel,
labor or materials, supplier defaults, or any other circumstance or cause
beyond the control of Titan in the reasonable conduct of its business.
Items listed as "In Stock" are
already available in at least one TITAN location. All items are not immediately
available in all TITAN locations; items listed as “In Stock”
may not be available at the TITAN location nearest you.
Items listed as “Usually Ships in (x)
Days” are generally available or expected to be available soon;
once the items you ordered are in stock, we'll package and ship them to
you. You will be notified immediately by a TITAN representative if one
or more of the items that you have ordered is not
TITAN will not be responsible for any delays in
delivery which result from any circumstances beyond its control, including
without limitation, product unavailability, carrier delays, delays due to
fire, severe weather conditions, failure of power, labor problems, acts of
war, terrorism, general insurrection, acts of God or acts of any government
or agency. Any shipping dates provided by TITAN are estimates only.
Product Information and Pricing Disclaimer
TITAN strives to give you accurate content, including
product information, policies, and pricing. Policies, pricing, and item availability
are subject to change without notice, and TITAN reserves the right to limit
quantities. Prices displayed are subject to final approval at the time
of order fulfillment. Images are shown for representational purposes only.
In the event TITAN is unable to provide an actual image of a product,
they reserve the right to substitute a similar image for the one described in
the product information. While TITAN tries in good faith to make sure
that the information displayed is accurate, they are not responsible for
typographical errors or technical inaccuracies. This disclaimer in no
way affects the terms of the manufacturer's warranty, if any.