Terms & Conditions - scales and balances
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM FULCRUM INC. (FULCRUM). PLEASE READ IT CAREFULLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS. NO OTHER TERMS APPLY.
"Product" shall mean any item offered for sale on the torbalscales.com website.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Order Acceptance by Fulcrum
All orders of Products placed by you with Fulcrum shall be subject to acceptance by Fulcrum.
With respect to Fulcrum Products, Fulcrum makes no warranties except those stated in the limited warranty cards included with the Products. With respect to third party Products, such Products are sold by Fulcrum AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
FULCRUM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Payment Terms, Price Confirmation, and Billing Errors
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Fulcrum will charge credit cards upon shipment. Fulcrum payment terms are subject to change without notice at Fulcrum's sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the Fulcrum (torbalscales.com) website is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, you must provide Fulcrum with an appropriate tax exemption certificate.
Receiving Your Order:
Upon receipt of your new scale, please inspect it, its contents and their condition carefully. All claims for damaged or missing items MUST be reported to Fulcrum Inc. within two (2) business days of receipt.
Carefully unpack the scale and be sure NOT to damage or destroy the packaging. DO NOT discard any components of the packaging such as boxes, envelopes, foam inserts, bags etc. You should use the original packaging whenever storing or transporting the scale. Keep the packing slip and the invoice in a safe place.
TORBAL Scales are a sensitive and a delicate instrument. Always handle your scale with care and read all of the enclosed cautionary notes and the instruction manuals before installing and using the unit.
14 Day Return / Exchange Policy:
Items approved for return must be received by Fulcrum Inc. within fourteen (14) calendar days (postmark NOT considered) of delivery receipt. All refunds are subject to a twelve percent (12%) restocking fee of the total purchase value, excluding shipping charges. Shipping charges are none refundable. If defective or damaged, all items may be exchanged within thirty (30) days of receipt for the same model only. If an upgrade to the purchase has been made, the 14 day return period is reduced by the number of days the first purchase has been in possession.
In order to return or exchange equipment, the following conditions must be satisfied (NO EXCEPTIONS):
1. Before returning the scale, contact Customer Service to obtain a pre-approval, an RMA number, and shipping instructions. Returns without an RMA number will be refused.
2. The scale must be packed in original packaging exactly as specified on the enclosed packing specifications sheet, or as instructed by a customer service representative.
3. DO NOT ship the scale via United States Postal Service. Always use a common carrier with a shipment tracking service and insure the merchandise. All shipping charges must be prepaid.
4. The scale must be in the same new condition as when sold, with literature and all instruction manuals. Customer is responsible for missing items, as well as all damages caused by improper use, mishandling, or shipping damages caused by inadequate packing.
5. All refunds are made within 10 to 14 business days by check only.
Software License Terms
All software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement. You agree that you will be bound to such agreement.
Fulcrum continually updates and revises it’s Products. Fulcrum may revise and/or discontinue Products at any time. Changes in products shipped and products described on the Torbalscales.com website and/or direct sales materials are possible.
Shipping and Handling/Risk of Loss
Product prices do not include Shipping and Handling charges. Fulcrum will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability
BOTH YOURS AND FULCRUM’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR FULCRUM BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR FULCRUM SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Title to Product(s) other than software passes from Fulcrum to you upon shipment from Fulcrum’s facility. Title to software shall remain with the applicable licensor(s).
Governing Law/Waiver of Jury Trial
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of New Jersey, without regard to conflicts of laws rules. You agree that the courts of New Jersey shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either Passaic County, New Jersey; or the Northern District of New Jersey of the United States District Court.
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Fulcrum shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Fulcrum. Quantities are subject to availability. In the event of shortage, Fulcrum may allocate sales and deliveries in its sole discretion.
Waiver / Invalidity
Failure of Fulcrum to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
These terms and conditions constitute the entire and exclusive agreement between you and Fulcrum concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Fulcrum.
This website is a complimentary web store offered by Fulcrum Inc. at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Access to and use of this Website is provided subject to these terms and conditions.
We will only use the information that you provide to us in a lawful manor ( in accordance with the Data Protection Act of 1998). We will not sell, transfer, or otherwise give up any of your information, unless required by law.
The information we collect from you is used to process your order and to ensure that we can provide you with the best service possible.
Use of Content
The contents of this website are solely for the personal use of website users. You may not resell, republish, or copy (other than a copy for personal use), any of the contents of this website without the prior written consent of Fulcrum, which may be withheld in its sole discretion.
This web site may link to other websites and websites operated by third parties. Fulcrum has no control over any such other websites or the contents therein. Existence of links shall not constitute an endorsement by Fulcrum of such web- sites, their contents or operators.
Copyrights and Other Intellectual Property
Except where otherwise expressly noted, all contents of this website, including the graphics, icons and overall appearance of the website, are the sole and exclusive property of Fulcrum. The posting of the contents of this website neither constitutes a waiver of any of Fulcrum’s proprietary rights, including but not limited to, copyrights, trademarks, patents, and other intellectual property, nor a transfer or license by implication or otherwise of any such right or of any license to the website user or to any third party. Contents of this website are protected by United States and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any contents you obtain from the website.
UPS and the UPS brandmark are trademarks that are used with permission by the owner, United Parcel Service of America, Inc. All rights reserved.
Fulcrum may at any time make modifications, changes, and alterations to the contents of this website, including these Terms and Conditions, without prior notice.