PS INDUSTRIES® INCORPORATED STANDARD TERMS & CONDITIONS OF SALE

Acceptance: The buyer agrees to all terms and conditions of PS Industries® Incorporated. The terms of PS Industries® Incorporated proposal govern any inconsistent terms of any other document are of no force and effect.

Payment Terms: Terms subject to establishing credit limits with PS Industries® Incorporated. For goods sold on account, terms shall be as detailed on proposal “Payment Terms”. Late Pay charges of 0.05 percent per day (18 percent annual rate) will be assessed and invoiced on balances over stated proposal “Payment Terms”. No retainage is authorized. Buyer shall pay all taxes, levies, and duties and assessments of every nature due in connection with Buyer’s purchase of product or services, unless itemized in proposal. The entitlement of PS Industries® Incorporated to payment shall be absolute and not contingent upon the Buyer receiving payment for such work. Production, shipment, deliveries, and all services shall at all times be subject to the approval of PS Industries® Incorporated’s Credit Department and PS Industries® Incorporated reserves the right to require full or partial payment in advance if, in our opinion, the financial condition of the Buyer does not justify shipment on the terms of payment specified. Accounts not current with payment terms (shown on proposal) may be placed on hold. Once payment has been received or arrangements have been made, orders will be rescheduled based on the current applicable schedule.

Delivery Schedule: Projected delivery schedule shown on all proposals are estimated at time of proposal. Actual delivery schedule is not determined or scheduled until receipt of any and all final information required, to include Final Approval Drawings, Credit Approval, Purchase Order Acceptance, receipt of scheduled payments, and any other information deemed necessary by PS Industries® Incorporated.

Freight: Freight is FOB Factory, 58201, Freight Collect (unless itemized on proposal). Handling Fees apply to Prepay and Add, Parcel shipment at 10% of published rates. Common Carrier handling fee is 20% of net rate or a maximum of $55, whichever is less. Delivery of the material by PS Industries® Incorporated to the carrier shall constitute delivery thereof to the Buyer and thereafter such material shall be at the risk of the Buyer.

Warranty: All goods sold by PS Industries® Incorporated are warranted to be free from defects in material and workmanship, under normal use and service, for a period of one year (unless otherwise itemized on proposal) from date of tender of delivery, which warranty is in lieu of and excludes all other warranties, whether expressed or implied by operation of law or otherwise. It is expressly understood that the Buyer waives all claims for damages of any kind other than those specified herein, including but not limited to any claims for incidental or consequential damages, and that the price of the product is based on the foregoing warranty. No claim under this warranty will be recognized unless all defective parts are available for inspection by PS Industries® Incorporated, and or PS Industries® Incorporated’s authorized representative.

Any claim by Buyer with reference to goods sold by PS Industries® Incorporated shall be deemed waived by Buyer unless made in writing within ninety (90) days from date of shipment of goods. Warranty and Back-charge claim estimates must be submitted to PS Industries® Incorporated in writing with detailed itemization of all charges. Prior written authorization, by PS Industries® Incorporated, is required for payment of any and all material, labor or miscellaneous costs associated with this claim. Warranty of Back-charge claims made without prior written authorization from PS Industries® Incorporated will be disallowed.

Purchase Order Change or Cancellation: Changes or Cancellations to Purchase Orders are subject to certain fees depending upon the product and production status of the purchase order.

Cancellation Fees:

  • 10% of order if cancelled prior to approval drawings being completed.
  • 45% of order if cancelled after approval drawings issued to the customer.
  • 75% of order if cancelled after manufacturing materials have been ordered.
  • 90% of order if cancelled after the manufacturing process has started.
  • 100% of order if job is cancelled after the completion of the product.

Customer Returns: Buyer must request Prior Approval for return of goods. Restocking Fees or Applicable Charges may apply. Consult PS Industries® Incorporated.

REFUND/RETURN POLICY

Thank you for shopping at psindustries.com. To return a product, please follow the instructions listed below:

  1. All items returned must be in unused and new condition, and in the original packaging.
  2. You MUST have prior authorization from PS Industries® Incorporated to return an item. To obtain a Return Material Authorization Number (RMA#), contact PS Industries® Incorporated by calling 877.446.1519 and asking for RMA Returns Department.
  3. A completed RMA Form must be packaged with the returned items.
  4. Return freight is the responsibility of the customer. Shipping costs are non-refundable.
  5. All returns are subject to a minimum 25% restocking fee.
  6. Sale items cannot be returned. Only regular price items are eligible to receive a credit, subject to a restocking fee.
  7. Once we receive your item, we will inspect it and determine the appropriate credit amount. If your return is approved, we will initiate a refund to your credit card. You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

HOW TO RETURN YOUR ITEM

  1. Obtain a RMA # from PS Industries® Incorporated.
  2. Package RMA Form with item to be returned.
  3. Ship to:
    PS Industries® Incorporated
    Attn: Returns
    1150 S. 48th Street
    Grand Forks, ND 58201

If you have any questions on how to return your item to us, contact us at 877.446.1519.

ORDER CANCELLATION POLICY

Please submit any cancellation via email to 4psinfo@psindustries.com, or call 877.446.1519.

Email cancellations must contain the following: Company name, contact name, order number, and email address, phone number. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.

Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email or phone), and your order was shipped out after, we will credit the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped; the order will be treated as a return in accordance with our Return Policy.

LIMITED WARRANTY

PS Industries® Incorporated warrants this product and components to be free from defects in material and workmanship for a period of one (1) year from date of shipment. If within the term of this warranty, any component is found to be defective upon inspection by an authorized PS Industries® Incorporated representative, PS Industries® Incorporated will replace or repair, at PS Industries® Incorporated’s discretion, any part found to be defective. Any field labor charges incurred are the sole responsibility of the customer.

Unauthorized modification of or to this product voids the PS Industries® Incorporated Limited Warranty. Accordingly, you can expect any request for warranty repair to be charged to you, if the product requires service after unauthorized modification. Authorized modifications, received in writing from PS Industries® Incorporated, as long as the modification is accomplished in strict accordance with PS Industries® Incorporated’s instructions, does not void warranty.

To request product modifications contact PS Industries® Incorporated, phone 877.446.1519, email: 4psinfo@psindustries.com.

PS INDUSTRIES® INCORPORATED SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.

All other warranty’s, express or implied including any warranty of merchantability, are expressly excluded. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you.

WARRANTY DOES NOT APPLY TO ANY DAMAGE OR DETERIORATION CAUSED BY MODIFICATION, ABUSE, APPLIED PAINT FAILURE OR FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE.

This warranty gives you specific legal rights, and you may also have other rights, which vary, from state to state.

To make a claim against the warranty contact PS Industries® Incorporated, phone 877.446.1519, email: 4psinfo@psindustries.com.

GENERAL TERMS & CONDITIONS

This website is owned and operated by PS Industries® Incorporated (“Site Owner”). By visiting and using the features of this website, you agree to be bound by all of the terms and conditions set forth herein, collectively referred to as “Policy.”

Site Owner may change any content in this Policy at its discretion by updating this page. It is recommended that you visit this page regularly to review any changes. If you do not agree to all of the terms in the Policy, you must leave the website immediately.

This Policy outlines how the Site Owner uses, collects and protects information that you give us when you use this website. Any information you provide on this website to Site Owner will be used in accordance with this Policy and may be shared across any website operated by Site Owner.

Site Owner is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this Policy.

If this website is sold to, or merges with, another company not owned by the Site Owner, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, the Site Owner will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but Site Owner cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

INFORMATION & CONTENT ON THIS WEBSITE

Your use of this site is an acknowledgement that all content, graphics, images, videos, audio, and other material that is subject to copyright or trademark protection (“Intellectual Property”) is owned by or licensed to Site Owner. Except as permitted below, any duplication in whole or in part of any Intellectual Property on this website requires written permission from Site Owner.

PERMITTED USES OF INTELLECTUAL PROPERTY.

You may download, copy, save or print Intellectual Property provided such action is for personal, non-commercial use and that such action does not alter in whole or in part the original content as it was on the website.

Site users are encouraged to “Share” pages and content on this website across various social media outlets (Facebook, YouTube, Twitter, FourSquare, etc) so long as you do not alter in whole or in part any of the shared content or claim any such content to be that of your own.

INFORMATION WE COLLECT

We may collect the following information (“Personally Identifiable Information”):

  • Name
  • Contact information including email address, mailing address, city, state or zip code
  • Any other information relevant to operating this website

You may refuse to provide any Personally Identifiable Information at your discretion; however, such refusal may impede your use and experience of this website and may disqualify you from entry into Site Owner and other Third Party sponsored contests, promotions, giveaways, sweepstakes, etc.

In some cases Site Owner may incorporate a third party with a promotion, contest, sweepstakes, etc, as a sponsor.

Consistent with the Children’s Online Privacy Protection Act, this site does not knowingly collect, use, or disclose personal information (including online contact information) of children under the age of 13.

WHAT WE DO WITH COLLECTED INFORMATION

We require this information in order to effectively run online contests, sweepstakes, surveys and to collect general contact information when submitted on a contact form. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our website and other services
  • We may periodically send promotional email about contests, promotions, events or special offers
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. You are in no way obligated to participate in such market research requests
  • We may use the information to customize the website according to your interests.

We collect and use your information to help understand our customer needs, and provide a tailored experience for how you interact with our brand. The information is only distributed to the services we use to help us execute this unique content experience for you. In addition to using cookies and related technologies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (for instance, to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior.

We will not sell your information to any third party for any reason.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

You may choose to have us remove or alter any information we have on file about you, even if you previously opted in to provide us with that information. To do so, please send an email to 4psinfo@psindustries.com.

We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of Personally Identifiable Information which we hold about you by writing to:

PS Industries® Incorporated
1150 S. 48th Street
Grand Forks, ND 58201

COPYRIGHT INFRINGEMENT

If you believe in good faith that information or materials on the website infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to the address above.

WARRANTY AND DISCLAIMER

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JURISDICTION AND VENUE

You agree that any action at law or in equity arising out of or relating to these terms of use or our website shall be filed, and that venue properly lies, only in state courts located in the GRAND FORKS, ND, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the content on our website is appropriate or available for use in any particular location. Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” All trademarks appearing on this website are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the party that may own the applicable trademark.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.