Terms & Conditions

Standard Sales Terms and Conditions for Tool and Equipment Sales Corp

Last Updated: May 12, 2020

Sales Policy

1) Prices

Prices listed are Wholesale and do not include any applicable shipping, handling fees, taxes, and/or duties, associated with your purchase.  Prices are subject to correction or change without any prior notice. Any market sensitive commodity products will be priced according to current market conditions and value.

2. Sales Tax

Tool and Equipment Sales Corp. charges sales tax on shipments made to the following states: California, Florida, Illinois, Michigan, New Jersey, New York, Oklahoma. 

3. Payment and Credit Terms

Tool and Equipment Sales Corp. accepts cash, Visa, MasterCard, Discover, American Express and PayPal. With additional forms of payment to be added in the future. For customers with established Tool and Equipment Sales Corp. credit accounts, payment terms are net thirty (30) days from the date of shipment or pick‑up. Credit extended by Tool and Equipment Sales Corp. to any customer, and the limits of such credit, is provided at Tool and Equipment Sales Corp. sole discretion, and may be reduced or revoked by Tool and Equipment Sales Corp. at any time, for any reason without prior notice. Tool and Equipment Sales Corp. reserves the right to charge a fee for late payments. Tool and Equipment Sales Corp. further reserves the right to charge customer a late payment fee at the rate of 2 percent (2%) of the total amount due for each month or portion thereof in which the amount remains unpaid, or such amount as may be permitted under the applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars.

In the even a customer fails to make payment within the allotted thirty (30) days of shipment or pick‑up, fails to comply with Tool and Equipment Sales Corp's credit terms, or fails to supply adequate assurance of full performance to Tool and Equipment Sales Corp within a reasonable time after requested, Tool and Equipment Sales Corp may defer shipments or place a hold on the account until such payment or compliance is made, in addition Tool and Equipment Sales Corp may require cash in advance for any further shipments and /or demand immediate payment of all amounts owed. Tool and Equipment Sales Corp may elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at our discretion cancel all or any part of an unshipped order.

The customer agrees to assume responsibility for, and hereby unconditionally guarantees payment of, as provided herein, all purchases made by the customer, its subsidiaries and/or affiliates. Each customer subsidiaries and/or affiliates purchasing from Tool and Equipment Sales Corp will be jointly and severally liable for purchases, and said customer is also acting as agent for any such subsidiaries and affiliates.

Credit Balance. Customer agrees that any credit balance issued by Tool and Equipment Sales Corp will be applied to customer’s account within one (1) year of its issuance. IF ANY CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, THE REMAINING CREDIT BALANCE WILL BE SUBJECT TO CANCELLATION, AND Tool and Equipment Sales Corp SHALL HAVE NO FURTHER LIABILITY TO SAID CUSTOMER.

4. Tool and Equipment Sales Corp Reserves the Right to Accept, Reject Any Order or Offer at any Time.

5. Items Are Sold for Domestic Consumption in the United States

  • If any purchased product is exported, the purchaser assumes full responsibility for compliance with US Export Controls, Duties and Customs.


Current Shipping Policy

In some circumstances a $3.50 shipping and handling fee may be charged on orders totaling less than $25 before tax and shipped to any single address within the continental United States. Shipping and handling is not charged to customers for standard ground delivery on orders of $99 or more before applicable taxes.

USPS and UPS are our primary carriers, we utilize a variety of carriers for LTL shipments and full truck loads.

ALL TITLE AND RISK OF LOSS PASS TO THE CUSTOMER UPON TENDER OF SHIPMENTS TO THE CARRIER.

Shipping Policy Exceptions

Some products do not qualify for the above posted Shipping Policy. Additionally, standard shipping rates apply for all orders to Alaska and Hawaii and rates may be higher to these locations for logistical reasons. Any charges applied by a carrier for hazardous materials or other special handling, such as lift gate by the carrier must be paid by the customer. Fuel surcharges may be applied if applicable.

Tool and Equipment Sales Corp accepts orders for shipments only within the continental US, Alaska and Hawaii. Any orders placed requesting shipment to an international destinations will not be processed. Tool and Equipment Sales Corp will attempt to ship to a PO box via USPS only, UPS does not ship to PO Box addresses. The Purchaser assumes all responsibility for orders requesting shipment to a PO box, lost or damaged orders will NOT be refunded or replaced. 

Expedited Shipping Guidelines

Most orders ship within 1-2 Business days, To qualify for any type of expedited shipping, Tool and Equipment Sales Corp must receive your order before 1pm (EST) Monday–Friday. Tool and Equipment Sales Corp does not offer Saturday delivery and we do not process shipments on Saturdays or Sundays. To qualify expedited orders must weigh less than 100lbs, and contain no hazardous materials of any type. Expedited orders only ship on business days; any orders placed on a Friday after 1pm EST or Saturdays/Sundays/Holidays will be processed on the next standard business day. If you have any questions or concerns, please feel free to contact our Sales dept. 305.592.1793

Return Policy and Limitation of Liability

1. Tool and Equipment Sales Corp Offers a 30 Day Return Policy

If for some reason you are unsatisfied with your purchase, products may be returned to Tool and Equipment Sales Corp 4200 NW 72nd Ave Miami, FL 33166 within 30 days of the data of shipment for a full refund or exchange (provided the product is undamaged). Return documentation should clearly specify if you are requesting a refund or exchange, some restrictions do apply.

3. Limitation of Liability

LIMITATION OF LIABILITY. Tool and Equipment Sales Corp EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. Tool and Equipment Sales Corp LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

4. Manufacturer’s Warranty Information

For information on any specific manufacturer’s warranty, please do not hesitate to contact the customer service dept. at Tool and Equipment Sales Corp at 305.592.1793.

5. Product Compliance Policy.

Jurisdictions have varying laws and regulations governing construction and similar industries, the installation, and/or use of any products for a particular purpose. Some products may not be available for sale in all areas. Tool and Equipment Sales Corp makes no guarantee of compliance for the products it sells with any current or future laws, codes and/or regulations, Tool and Equipment Sales Corp accepts NO responsibility for the construction, installation and/or use of a product purchased from our store. It is the customer’s sole responsibility to review the product application and all applicable laws, codes and regulations for the relevant jurisdiction to be sure that the products are compliant.

Product Information

  • 1. Website or Catalog Information

    Any product depictions contained in the catalogs and/or websites are provided for illustrative purposes only. Possession of, or access to any Tool and Equipment Sales Corp catalog, literature or websites does not constitute any right by the possessor to purchase products. Tool and Equipment Sales Corp reserves the right to correct or change any publishing errors in its catalogs or any of its websites, without notification.

    Unfortunately, we are human and occasional pricing errors may occur within the Tool and Equipment Sales Corp catalogs and/or on it's websites. Tool and Equipment Sales Corp reserves the right to cancel any and all orders resulting from such pricing errors, Including cases where the customer has received an order confirmation and up until the product is shipped and has been turned over to the carrier. 

    2. Product Substitution Policy

    Products (and country of origin) may be substituted in some cases and may not be identical to catalog and/or website published descriptions or images. 

    3. Hazardous Substance Regarding Occupational Safety and Health Administration (“OSHA”)  

    Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. Tool and Equipment Sales Corp MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

    4. Regarding California Proposition 65

    Proposition 65. For products denoted as such the following warnings apply:

      • WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
      • WARNING: This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
      • WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
      • WARNING: Cancer. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
      • WARNING: Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
      • WARNING: Cancer and Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.

    5. MSDS Information

    MSDS information is available upon request by calling Customer Support at 305.592.1793

    7. Product Compliance and Suitability.

    States and Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for specific purposes. Some products may not be available for purchase in all areas, such as items deemed Hazardous Substances.  Tool and Equipment Sales Corp makes no guarantee of compliance or suitability of the products it sells with any laws, codes or regulations set forth by any state. Tool and Equipment Sales Corp accepts NO responsibility for construction, installation and/or use of a product. It is the customer’s sole responsibility to review the product, it's application and all applicable laws, codes and regulations for any and all relevant jurisdictions to be sure that the construction, installation, and/or use involving the products are compliant.

General Terms

1. Intellectual Property

At no time shall any customer have right, title, or interest in the trade names, trademarks, copyrights, patents, domains, product names, catalogs or any other intellectual property rights reserved by Tool and Equipment Sales Corp, including trademarks or service marks owned by Tool and Equipment Sales Corp. Any materials on the Tool and Equipment Sales Corp website is subject to the ownership rights of Tool and Equipment Sales Corp and its approved affiliates. Customer shall have no right to copy or use any of the intellectual property of Tool and Equipment Sales Corp or its Affiliates without Tool and Equipment Sales Corp expressed permission.

2. No Third Party Benefit
The provisions stated herein are for the sole benefit of the parties hereto, they confer no rights, claims or benefits to any person or entity not a party hereto.
3. Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Florida, excluding its conflict of law rules, and venue shall either be in the state courts in Florida or if applicable the federal courts for Southern Florida Districts.

4. Modification of Terms
Tool and Equipment Sales Corp order acceptance is subject to the customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Tool and Equipment Sales Corp acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Tool and Equipment Sales Corp terms and conditions by customer shall be binding upon Tool and Equipment Sales Corp, unless agreed to in writing and signed by an authorized representative of Tool and Equipment Sales Corp. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Tool and Equipment Sales Corp acknowledgment, Tool and Equipment Sales Corp fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Tool and Equipment Sales Corp of any of the terms and conditions contained herein or in Tool and Equipment Sales Corp acknowledgment.
6. Severability
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

7. Force Majeure

Tool and Equipment Sales Corp. shall never be held liable for any delay or impairment of duty to the customer, due in whole or any part from any force majeure event. Including but not limited to natural disasters, acts of God, labor disruptions, acts of war, acts of terrorism (actual or threatened), governmental decrees or control implementation, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain appropriate permits and/or licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Tool and Equipment Sales Corp in the conduct of its business.

8. Complete Agreement
The terms and conditions in: (1) Tool and Equipment Sales Corp forms, (2) acknowledgments, (3) quotations, (4) invoices, (5) websites, (6) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Tool and Equipment Sales Corp.