TOOLQUIP, INC
GENERAL TERMS & CONDITIONS
By engaging with Toolquip in any manner—including but not limited to making a purchase, requesting a quote, proceeding with payment, using our website, communicating with our team, or utilizing any of our services—you confirm your full agreement to Toolquip’s General Terms and Conditions, as outlined below:
1. General:
Any sale to the buyer whose name appears on the attached Toolquip Inc invoice hereof shall be governed solely by the following terms and conditions regardless of any other purchase orders, forms or other documents submitted by buyer to Toolquip Inc, or the inconsistency of any terms herein and therein.
2. Delivery:
Toolquip Inc does not guarantee delivery dates and shall not be liable for any penalties, chargebacks, or damages resulting from late or failed delivery. It is the buyer's responsibility to arrange alternative shipping solutions if necessary. Toolquip Inc shall exert its best effort to cause the machinery, equipment, parts and/or products to be shipped in accordance with terms on the invoice. Toolquip Inc. relies on suppliers and will not be liable if a supplier cannot supply the machinery, equipment, parts and/or products, before or after payment has been received by Toolquip Inc from the buyer. Once payment has been received by Toolquip Inc title to the machinery, equipment, parts and/or products shall pass to the buyer at the point of original shipment or the Toolquip Inc location in Lebanon, Ohio. All risk of damage or loss to the machinery, parts and/or products at any time after payment has been received by Toolquip Inc is assumed by buyer and such damage or loss shall not operate in any way to release buyer from any of its obligations hereunder or otherwise. Toolquip Inc shall not be responsible or liable for any loss or damage whatsoever including loss of income/profits, incidental, special or consequential damages resulting from Toolquip Inc delayed performance, cancellation of sale, or shipment of the machinery, equipment, parts and/or products for any reason whatsoever. Toolquip Inc is not responsible or liable for any delays in shipment or cancellation of order due to export requirements, shipping availability, etc. All shipping quotes or CIF prices are subject to change at any time and subject to the machines fitting into two 40' HC containers. The buyer is responsible for any unforeseen fees in port (USA or abroad) that result from delays, customs clearance inspections or delays, container usage, and any other unforeseen circumstances.
3. Export regulations:
Buyer and their forwarding agent and/or exporting company acknowledge that the machinery, parts and/or products purchased from Toolquip Inc are subject to the US export administration regulations as amended and other applicable laws and related regulations. Buyer and their forwarding agent and/or exporting company give assurance with respect to the machines, parts and/ or products listed on any Toolquip Inc invoice that they shall comply with all US regulations before exporting any machine, part or product on any invoice. If a required export license does not get approved for the buyer, Toolquip will not export the machines. The buyer will still be in charge of the EXW price for the machines.
4. Warranties:
Toolquip Inc is not the manufacturer of the machinery, equipment, parts and/or products indicated in any Toolquip Inc invoice. Toolquip Inc will only offer the warranty to the buyer that is provided from the manufacturer or supplier of the machinery, equipment, parts and/or products to Toolquip Inc. Toolquip Inc is not responsible or liable for the warranty or no warranty supplied from the manufacturer or supplier to Toolquip Inc. All parts must be installed by a qualified technician of the brand of the item being sold. All used machinery is sold as is, and where is, and has no warranty. Toolquip Inc is not responsible for any compatibility issues, installation errors, or operational failures related to the machinery, equipment, parts, and/or products sold. It is the buyer’s responsibility to verify specifications, requirements, and compliance with their specific applications before purchase.
5. Partial shipments:
Unless Toolquip Inc is otherwise instructed, partial shipments are allowed even though Toolquip Inc will always try and ship orders complete. Toolquip Inc will not be liable for under shipments (partial shipments) or over shipments. Toolquip Inc is not responsible for any additional costs or delays resulting from any shipment or multiple shipments. Any required storage, handling, or customs fees incurred due to partial shipments shall be the buyer’s responsibility.
6. Patents, copyrights and trademarks:
No license or other rights under any patents, copyrights or trademarks owned or controlled by the manufacturers of the machines, products and /or parts indicated in any Toolquip Inc invoice are granted to the buyer or implied by the sale of the machinery, products and/or parts or services hereunder. The buyer will be responsible to the manufacturer of the machinery, products and/or parts in any Toolquip Inc invoice for any patent, copyright and trademark infringement.
7. Orders, prices, down payments and payments:
Orders placed are not subject to cancellation. Unless otherwise stated, prices are subject to change without notice. All down payments received on purchases are non-refundable. Invoices are due and payable in full without right of setoff within the indicated time stipulated on this invoice and must be paid in USD funds only. Failure to complete payment within the specified time frame may result in additional fees, penalties, or forfeiture of the order at Toolquip Inc’s discretion.
8. Indemnification:
Toolquip Inc does not warrant that the machinery, parts or products (new or used), comply with O.S.H.A safety standards. Compliance with O.S.H.A. safety standards are the responsibility of the buyer. Buyer/customer/user agrees to indemnify, hold harmless, and defend Toolquip Inc from and against any and all claims, losses or liabilities arising out of or relating to the use of the said machinery, parts or products (new or used), his employees, or agents to instruction, warnings or recommendations available from original manufacturer, or by failure of user to comply with federal, state, and local laws applicable to such equipment, including, but not limited to, the occupational safety and health act of 1970. Buyer assumes full responsibility for ensuring that all machinery, parts, and/or products comply with local, state, national, and international laws, including environmental and regulatory compliance. Toolquip Inc shall not be liable for any fines, penalties, or legal consequences arising from improper use, installation, or operation of shipped and/or sold equipment.
9. Privacy Policy Acknowledgment:
By engaging with Toolquip in any capacity—including but not limited to visiting our website, communicating with our team, making inquiries, placing orders, or being included in our contact database—you acknowledge and agree to our Privacy Policy. This applies whether your information was provided directly by you, obtained through business interactions, or sourced from publicly available or industry-related channels. Toolquip Inc reserves the right to update or modify its Privacy Policy at any time. Continued engagement with Toolquip, including but not limited to website visits, inquiries, business transactions, continued receipt of communications or any interaction constitutes acknowledgment and acceptance of the most current version of the Privacy Policy.
10. Limitation of Liability
Under no circumstances shall Toolquip Inc be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, downtime costs, or labor expenses.
11. Force Majeure
Toolquip Inc shall not be held liable for any delay or failure in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supplier failures, global pandemics, changes in government regulations, trade restrictions, acts of war, cyberattacks, or disruptions in transportation or logistics.
12. Miscellaneous provision.
These terms and conditions constitute the entire agreement between Toolquip Inc and the buyer, purchaser, customer, forwarding agent and exporting company relating to any purchase, sale, export of any machines, products and/or parts indicated in a Toolquip Inc invoice and supersedes any and all agreements, correspondence, quotations or understandings enforced between the parties with subject to the subject matter hereof. This agreement shall be governed by the laws of Ohio. These terms and conditions are subject to change at any time without notice.
PRIVACY POLICY
1. Introduction
At Toolquip (“we,” “our,” or “us”), we value our relationships with customers and industry partners. This Privacy Policy outlines how we collect, use, and share information to enhance our services and improve business operations.
2. Information We Collect
We may collect various types of information, including but not limited to:
- Personal and Business Information: Name, contact details, company affiliation, job title, and payment details.
- Machine and Service Information: Details about CNC machines, service requests, and related interactions.
- Communication Records: Emails, phone calls, and other correspondence with our team.
- Website and Transactional Data: Online activity, IP addresses, and purchasing behavior.
3. How We Use Your Information
We use the information we collect in many ways, including but not limited to:
- Facilitate transactions, service requests, and customer support.
- Improve our products, services, and overall customer experience.
- Conduct marketing, promotional efforts, and industry outreach.
- Develop business strategies and partnerships.
- Fulfill operational, administrative, and compliance requirements.
4. Information Sharing and Business Relationships
As part of our business operations, Toolquip may share information with:
- Affiliated and Related Businesses: Including companies, services, or initiatives that we believe align with our operations, support, or customer needs.
- Industry and Business Partners: To facilitate service enhancements, provide relevant opportunities, and explore potential collaborations.
- Third-Party Service Providers: For processing transactions, analytics, marketing, operational support, and technical assistance.
- Other Relevant Entities: As we believe necessary for business growth, compliance, legal obligations, or operational efficiency.
We may share information in a variety of contexts, including collaborations, marketing campaigns, research initiatives, and strategic partnerships.
5. Data Retention and Management
Toolquip retains customer and business information for as long as we consider necessary to fulfill operational, legal, and strategic purposes. Retention periods may vary depending on the nature of the information and our business needs.
6. Disclaimer of Liability
While we take reasonable steps to manage and share information in line with our business needs, Toolquip is not responsible for any unauthorized access, loss, disclosure, or misuse of your information, including but not limited to instances of data breaches, hacking, or third-party actions beyond our control. By using our services, you acknowledge and accept that Toolquip assumes no liability for how your data is accessed, used, or shared by us or any third parties with whom we engage.
7. Your Choices and Contact Information
We respect customer preferences regarding communication and marketing outreach. If you wish to update your contact details, opt out of certain communications, or have questions about our data practices, you may contact us at:
Toolquip
2828 Utica Rd.
sales@toolquipUSA.com
513.486.0291
8. Updates to This Policy
Toolquip may update this Privacy Policy at any time. The latest version will be posted on our website, and continued use of our services indicates acceptance of the current policy.