General Online Sales Terms & Conditions

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Prices
Prices are subject to change without notice and cannot be guaranteed. Orders will be billed at prices in effect at the time the order is received.

 

Payment

Payments are accepted in the form of an approved credit card bearing the Visa, MasterCard, Discover or American Express logo. All orders are shipped with approved credit cards.

Shipping
Shipping costs are determined by order total. Hawaii, Alaska and international orders including Canada and Mexico will have additional charges. Overweight/Oversized items will have additional charges. If actual shipping costs are more than is stated on your order, you will be contacted prior to order processing. If you believe your order falls into one of the categories above, place your order by calling our sales department to avoid delay.

Freight
All shipments are F.O.B. Shipping Point.

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Limitation of Liability
TEK Solution's liability for any claim shall not exceed the purchase price of the order. We shall not be liable for special or consequential damages including but not limited to, personal injury, loss of profit, or cost of substitute goods. This limitation applies whether such claim arises from warranty or negligence and whether such claim arises from design, manufacture or sale.

Defective Material
The manufacturers’ warranties apply to all materials sold by TEK Solutions. No other warranty expressed or implied is offered. Contact the Customer Service Department at 763-290-1525 for prior authorization before returning defective material.

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Web Site Terms and Conditions of Use

 

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

 

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on TEK Solutions Inc’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to de compile or reverse engineer any software contained on TEK Solutions Inc's web site;

• remove any copyright or other proprietary notations from the materials; or

• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by TEK Solutions Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Disclaimer

The materials on TEK Solutions Inc’s web site are provided "as is". TEK Solutions Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TEK Solutions Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

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Limitations

In no event shall TEK Solutions Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on TEK Solutions Inc’s internet site, even if TEK Solutions Inc or a TEK Solutions Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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Revisions and Errata

The materials appearing on TEK Solutions Inc’s web site could include technical, typographical, or photographic errors. TEK Solutions Inc does not warrant that any of the materials on its web site are accurate, complete, or current. TEK Solutions Inc may make changes to the materials contained on its web site at any time without notice. TEK Solutions Inc does not, however, make any commitment to update the materials.

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Links

TEK Solutions Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TEK Solutions Inc of the site. Use of any such linked web site is at the user's own risk.

 

Site Terms of Use Modifications

TEK Solutions Inc may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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Governing Law

Any claim relating to TEK Solutions Inc’s web site shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.

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General Sales Terms & Conditions

 

All purchase orders acknowledged or accepted by TEK Solutions (“Seller”) are subject to the following Terms & Conditions (“Terms”) set forth below. Upon Seller’s agreement to supply Seller’s goods (“Goods”) to a requesting party, these Terms shall become a valid and binding obligation of the parties.

 

1. Applicability. The Terms are the only terms and conditions which govern the sale of Goods by Seller to the purchaser of the Goods (“Buyer”). Notwithstanding anything herein to the contrary, if a written master agreement signed by both Seller and Buyer applies to the sale of the Goods covered hereby, then the terms of the written master agreement are incorporated into and shall be the governing terms and conditions to the extent they are inconsistent with the Terms. Except for terms and conditions expressly agreed to in writing and signed by both parties, any additional or different terms that contradict the Terms are not valid and are rejected.

2. Agreement and Terms. The purchase order or invoice for Goods, to the extent not inconsistent with these Terms, together with these Terms, comprises the entire agreement between the parties (the “Agreement”), and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications. The Terms prevail over any of the general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify, amend, or supplant these Terms.

3. Shipment. The Goods will be delivered within a reasonable time after the receipt of Buyer’s purchase order. Seller shall not be liable for any delays, loss, or damage in transit. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order.

4. Delivery and Acceptance. Unless otherwise agreed by the parties in writing, Seller, or Seller’s agent, shall deliver the Goods to Buyer’s warehouse or such other point of origin or point of entry as Buyer shall designate (the “Delivery Location”) using Seller’s standard methods for packaging and shipping such Goods. Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Location.

5. Non-Delivery. Seller shall not be liable for any non-delivery of Goods (even if caused by Seller’s negligence) unless Buyer gives written notice to Seller of the non-delivery within fifteen (15) days of the date when the Goods would in the ordinary course of events have been received by Buyer. Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice to reflect the actual quantity delivered. If for any reason Buyer fails to accept delivery of any of the Goods on the date that the Goods have been set for delivery at the Delivery Location, or if Seller is unable to deliver the Goods at the Delivery Location on such date because Buyer has not provided appropriate instructions, documents, licenses, or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered to Buyer; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

6. Quantity. The quantity of any installment of Goods as recorded by either (i) Seller upon dispatch from Seller’s place of business, or (ii) any manufacturer, subsidiary, agent, or third-party acting on Seller’s behalf (“Third Party”) dispatching Goods to Buyer from the Third Party’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. If Seller or the Third Party delivers to Buyer a quantity of Goods of up to ten percent (10%) more or less than the quantity set forth in the sales confirmation or sales invoice, acknowledgment, or purchase order, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay the price for such Goods set forth (adjusted pro-rata).

7. Shipping and Risk of Loss. Delivery shall be made FOB the Delivery Location, unless otherwise agreed to by the parties. Title and risk of loss passes to Buyer upon Seller’s delivery of the Goods to the Delivery Location. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a first priority lien on and security interest in and to all of the right, title, and interest of Buyer in, to, and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Uniform Commercial Code and/or other applicable laws.

8. Amendment. The Terms may only be amended or modified in a writing which specifically states that it amends or modifies these Terms and is signed by an authorized representative of each party.

9. Inspection. Buyer shall inspect the Goods within ten (10) days of delivery of Goods (“Inspection Period”). During the Inspection Period, Buyer shall be liable for any damage caused by the Goods as a result of Buyer’s inspection or other handling of the Goods. Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Goods shall be deemed accepted if Buyer places Goods into commercial service or further distributes, transfers for sale, or sells the Goods regardless of any notification of nonconformity. “Nonconforming Goods” means only the following: (i) product shipped is different than product identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.

10. Remedies. If Buyer timely notifies Seller of any Nonconforming Goods during the Inspection Period, Seller shall, in its sole discretion, either: (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Seller shall have the option of requesting that Buyer destroy the Nonconforming Goods or return the Nonconforming Goods to Seller or a Third Party designated by Seller. In the event that Seller requests return of the Nonconforming Goods, Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to a location designated by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Goods to the Delivery Location. Buyer acknowledges and agrees that the remedies set forth in this Section 10 are Buyer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 10, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return to Seller any Goods purchased under this Agreement.

11. Price and Payment Terms. Buyer shall purchase the Goods from Seller at the applicable prices set forth in the purchase order (“Prices”). If the purchase order does not include Prices, then the Prices for the purchase of Goods shall be the Prices identified in the quote or price list provided by the Buyer to the Seller, provided that the purchase order is received within 60 days after Buyer’s provision to Seller of the quote or price list. All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer unless the purchase agreement specifically provides for such tax, duties, or charges. Buyer shall be responsible for all such charges, costs, and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets. Buyer shall pay all invoiced amounts due to Seller within thirty (30) days from the date of Seller’s invoice. Buyer shall make all payments hereunder by wire transfer or check, payment of which shall be made in US dollars.

12. Late or Non-Payments. Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting late payments or for any other breach of these Terms, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or under applicable law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy, or any other cause or dispute.

13. Limited Warranty. Seller warrants to Buyer that for a period of one (1) year from the date of shipment of the Goods (“Warranty Period”), such Goods will conform to Seller’s published specifications in effect as of the date of manufacture under the corresponding purchase order and/or invoice, and will be free from material defects in material and workmanship. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION 13, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

14. Breach of Warranty. Seller shall not be liable for a breach of the warranty set forth in Section 13 unless Buyer gives written notice of the defect, reasonably described, to Seller within seven (7) calendar days of the time when Buyer discovers or ought to have discovered the defect; Seller is given a reasonable opportunity after receiving the notice to examine such Goods, Buyer (if requested to do so by Seller) returns such Goods to a location designated by Seller at Seller’s cost for the examination to take place there; and Seller reasonably verifies Buyer’s claim that the Goods are defective. Notwithstanding the foregoing, Seller shall not be liable for a breach of the warranty set forth in Section 13 if Buyer makes any further use of such Goods after giving such notice; the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use, or maintenance of the Goods; or Buyer alters or repairs such Goods without the prior written consent of Seller. Subject to the foregoing, during the Warranty Period, Seller shall, in its sole discretion, either repair or replace such Goods (or the defective part); or credit or refund the price of such Goods at the pro-rata contract rate; provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such Goods to any location designated by Seller. THE REMEDIES SET FORTH IN SECTION 14 SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 14.

15. Compliance with Law. Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by Buyer. Buyer assumes all responsibility for shipments of Goods requiring any government import clearance. Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties upon the Goods.

16. Limitation of Liability. SELLER’S LIABILITY FOR ANY LOSS OR DAMAGE INCLUDING ANY RESULTING FROM DEFECTIVE GOODS OR ANY ACTS OR DEFAULTS ON THE PART OF THE SELLER, ITS EMPLOYEES, OR AGENTS (EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY WHICH CANNOT BE EXCLUDED BY PROCESS OF LAW) SHALL BE LIMITED TO THE PRICE OF THE GOODS SOLD. SELLER SHALL NOT BE LIABLE TO BUYER OR BUYER’S CUSTOMERS FOR INCIDENTAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS, COSTS OF REPLACEMENT GOODS, ADDITIONAL EXPENSES INCURRED IN THE USE OF GOODS, OR THE CLAIMS OF THIRD PARTIES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER SHALL APPLY TO INCIDENTAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES BASED UPON ANY CAUSE OF ACTION WHATSOEVER ASSERTED AGAINST SELLER, INCLUDING ANY ARISING OUT OF PRINCIPLES OF CONTRACT, ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, GUARANTY, PRODUCTS LIABILITY, NEGLIGENCE, TORT, OR ANY OTHER CAUSE PERTAINING TO PERFORMANCE OR NON-PERFORMANCE OF THE PURCHASE ORDER OR INVOICE BY SELLER. BUYER SHALL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY SUCH CLAIMS BY ANY OF BUYER’S CUSTOMERS. The limitation of liability set forth in this Section 16 shall not apply to liability resulting from Seller’s gross negligence or willful misconduct, or death or bodily injury resulting from Seller’s acts or omissions.

17. No Third-Party Beneficiaries or Agency Relationship. These Terms and any Agreement of the parties is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. The relationship between the parties is that of independent contractors and no Terms or any agreement of the parties shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

18. Termination. In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer fails to pay any amount when due under this Agreement; has not otherwise performed or complied with any of these Terms, in whole or in part; or becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

19. Waiver. No waiver by Seller of any Terms is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Terms or this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

20. Confidential Information. All non-public, confidential, or proprietary information of Seller, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as “confidential” or “trade secret,” in connection with this Agreement is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials received from Seller. Buyer understands and agrees that any violation of this Section 20 will cause irreparable harm to Seller, and Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is in the public domain, known to Buyer at the time of disclosure, or rightfully obtained by Seller on a non-confidential basis from a third party.

21. Force Majeure. Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, blizzard, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes, or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage; provided that, if the event in question continues for a continuous period in excess of sixty (60) calendar days, Buyer shall be entitled to give notice in writing to Seller to terminate further performance under this Agreement.

22. Assignment. Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.

23. Severability and Survival. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement; including, but not limited to, the following provisions: Compliance with Law, Confidential Information, Governing Law and Jurisdiction, and Severability and Survival.

24. Governing Law and Jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the Terms, or the parties’ dealings concerning the Goods, shall be instituted in the courts of Anoka County in the State of Minnesota, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. 

25. Notices. All notices, requests, consents, claims, demands, waivers, and other communications required to be made or provided hereunder shall be in writing and addressed to the parties at the addresses set forth on the face of the purchase agreement, Sales Confirmation, or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by certified or registered mail. Except as otherwise provided in this Agreement, a Notice is effective only upon receipt by the receiving party, and only if the party giving the Notice has complied with the requirements of Section 25.