Terms and Conditions
PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS BEFORE USING OUR WEBSITE. By using our site, you agree to follow and abide by these Terms & Conditions that govern their use and purchase of their products. Purchasing and shipping products that are on this site creates an agreement between you (the buyer) and Timing Chutes, LLC (the seller).
Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom
PLEASE READ THIS CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Timing Chutes, LLC (“Timing Chutes”) that will be provided to you (“Customer”) on orders for products and/or services and support sold in the United States. By accepting delivery of the products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH TIMING CHUTES, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER TIMING CHUTES STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in TIMING CHUTES’ sole discretion.
Other Documents. These terms and conditions may NOT be altered, supplemented, or amended using any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Timing Chutes.
Payment Terms; Order; Quotes; Interest. Terms of payment are within TIMING CHUTES’ sole discretion, and, unless otherwise agreed to by TIMING CHUTES, payment must be received by TIMING CHUTES prior to TIMING CHUTES’ acceptance of an order. Payment for the products and services and support will be made by credit cards approved by TIMING CHUTES, Pay Pal, or some other prearranged payment method unless credit terms have been agreed to by TIMING CHUTES. Orders are not binding upon TIMING CHUTES until accepted by TIMING CHUTES. Any quotations given by TIMING CHUTES will be valid for the period stated on the quotation. Customer agrees to pay interest on all past due sums at the highest rate allowed by law.
Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on TIMING CHUTES’ invoice(s). Shipping to customers in the 48 contiguous States (Hawaii and Alaska are excepted) shall be paid by Timing Chutes. Shipping to all other places shall be charged to customer. Unless Customer provides TIMING CHUTES with a valid and correct tax exemption certificate applicable to the product ship-to location prior to TIMING CHUTES’ acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on TIMING CHUTES’ invoice.
Title; Risk of Loss. Title to products passes from TIMING CHUTES to Customer upon shipment from TIMING CHUTES’ facility. Loss or damage that occurs during shipping is Customer’s responsibility. The Customer and/or Agent shall have, and has, the authority to physically examine and accept (including the opening of all sealed containers) for contract conformity of the goods at the seller’s place of business.
Warranties. FACTORY DIRECT PURCHASES OF TIMING CHUTES ARE BACKED BY A ONE (1) YEAR WARRANTY AGAINST MANUFACTURING DEFECTS ONLY.
THE LIMITED WARRANTIES APPLICABLE TO TIMING CHUTES PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES. TIMING CHUTES MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN TIMING CHUTES’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND TIMING CHUTES WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON TIMING CHUTES’ RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. TIMING CHUTES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIMING CHUTES’ RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN TIMING CHUTES’ APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. TIMING CHUTES RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION.
Return/Exchange Policies. TIMING CHUTES products may be returned by Customer in accordance with TIMING CHUTES “Return Policy” in effect on the date of the invoice. Please check the contents of this shipment immediately against the items listed on the packing slip and for any concealed damage. If anything appears damaged or missing, TIMING CHUTES must be notified within seven (7) days, or merchandise cannot be replaced.
- Any items that are backordered will be shipped to you as soon as they become available.
- All sales final unless approved for return by TIMING CHUTES’ Customer Service. Regarding the return of any defectively manufactured merchandise you must call our customer service department at 217-779-3782. You will be assigned a return authorization number and be advised on the process of the return depending on the situation. Please have invoice and/or order number available when you call.
- Any item approved for return and credit must be sent back within 30 days of receipt. Except for damaged or defective merchandise, a 15% restock fee based upon the retail price will be applied on the return of unused (new) items. Used items cannot be returned for credit. All shipping charges for returns are the responsibility of the customer.
Exchanges. From time to time, TIMING CHUTES may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with TIMING CHUTES’ exchange policies in effect on the date of the exchange.
Limitation of Liability. TIMING CHUTES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT. TIMING CHUTES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, TIMING CHUTES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, TIMING CHUTES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
Service and Support. TIMING CHUTES will provide general service and support, to Customers in the United States, in accordance with the then-current service and support policies and conditions in effect. For end-user Customers, TIMING CHUTES promises that its support people will attempt to handle over the telephone any problem involving TIMING CHUTES Products. However, TIMING CHUTES support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. TIMING CHUTES has no obligation to provide service or support until TIMING CHUTES has received full payment for the Product or services and support that Customer purchased.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Dispute Resolution. The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against TIMING CHUTES LLC, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “TIMING CHUTES”) arising out of or relating to this Agreement, TIMING CHUTES’ advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be resolved by plaintiff filing suit in Small Claims Court in Adams County, Illinois. Small Claims Court is under the jurisdiction of the Clerks of Courts Act (705 ILCS 105) and Illinois Supreme Court Rule 282. All hearings and trials shall take place in Quincy, Adams County, Illinois and will be governed by Illinois law to the exclusion of any other inconsistent state laws. Small Claims Court shall render its award in writing and will include the findings of fact and conclusion of law upon which its judgment is based. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from an Illinois court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. If a court with jurisdiction finds any of these Terms and Conditions invalid, that provision will be severed but will not affect the validity of the remaining provisions of these Terms and Conditions.
Website Terms and Conditions
PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS BEFORE USING OUR WEBSITE(S). By using our site(s) you agree to follow and abide by these Terms & Conditions that govern their use and purchase of their products. Purchasing and shipping products that are on this site creates an agreement between you (the buyer), this Website, and the site owner, Timing Chutes, LLC.
Warranties, Disclaimers & Liability
All Rights Reserved. All trademarks or service marks, (registered or un-registered) contained in this website are the sole property of their respective owners. No portion of this website may be reproduced in any form, or by any means without prior written permission from Timing Chutes, LLC. Timing Chutes LLC will aggressively pursue, through the process of law, any person, persons, partnership, corporation or entity which is in violation of copyright or is found to have made unauthorized use of any content, materials, graphics, trademarks, service marks, or format from any portion of Timing Chutes, LLC’s website. The information provided is “as is” with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Timing Chutes, LLC. makes no warranties or representations regarding the accuracy or completeness of the information.
In no event shall Timing Chutes, LLC. be liable for any incidental or consequential damages, lost profits, or lost data, or any indirect damages even if Timing Chutes, LLC. has been informed of the possibility thereof. The information, text, graphics, and links provided in Timing Chutes, LLC web site are offered as a convenience to our customers and home page visitors. Timing Chutes, LLC. does not warrant the accuracy or completeness of the information and text contained on this or any other server.
The Timing Chutes, LLC. web site contains hot links to non- Timing Chutes, LLC sites. These links are provided only as a convenience to our home page visitors. Timing Chutes, LLC is not responsible for the contents of any linked site or for any link contained within a linked site. Additionally, the inclusion of any link does not imply an endorsement by Timing Chutes, LLC of that site.
Data Retention. When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Changes. We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Material displayed on the Timing Chutes, LLC. website is regularly checked for accuracy and is presented “As is,” without any warranties, expressed or implied. Information on Timing Chutes, LLC.’s website might contain typographical errors, inaccuracies and/or omissions. These are unintentional. Therefore, Timing Chutes, LLC. reserves the right to correct errors, inaccuracies, and omissions, and change and/or update information without prior notice, including errors, inaccuracies and/or omissions related to product descriptions, pricing, and availability. Timing Chutes, LLC. will not assume any responsibility for any errors, inaccuracies or omissions found on our website. Timing Chutes, LLC. is also not responsible for any damages incurred as a result of the content or use of our website. Further, any link between Timing Chutes, LLC and any other website does not constitute an endorsement of the linked or affiliated website. Timing Chutes, LLC does not make any warranty as to the content of other websites linked to Timing Chutes, LLC. We apologize for any inconvenience this might cause. It is the intention of Timing Chutes, LLC that the information and data contained on our website is reliable, accurate and up to date. However, because information, documents and other kinds of data have been compiled from various sources, it is provided “AS IS.”
TIMING CHUTES, LLC.EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO PRODUCTS SOLD ON OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTION REGARDING QUALITY OR FITNESS OF PURPOSE. FURTHER, TIMING CHUTES, LLC.DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IT BEING THE USER’S RESPONSIBILITY TO DETERMINE WHETHER ANY INFORMATION DOWNLOADED FROM OUR WEBSITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY HARMFUL NATURE. UNDER NO CIRCUMSTANCES SHALL TIMING CHUTES, LLC.OR ANY OF ITS MANAGERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR ANY OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR IN TORT, ARISING FROM ACCESSING, USING OR THE INABILITY TO USE, THIS WEBSITE OR ANY RELATED MATTERS REGARDING PRODUCTS SOLD ON OUR WEBSITE.
If a court with jurisdiction finds any of these Terms and Conditions invalid, that provision will be severed but will not affect the validity of the remaining provisions of these Terms and Conditions.