Terms and Conditions of Sales

Order Acceptance All orders are subject to written acceptance by Time Mark Corporation, Tulsa Oklahoma, and are subject to all the terms and conditions in effect at the time of acceptance.

Prices Prices are subject to change without notice. Any addition or alteration to an outstanding order will be accepted at prices in effect when the addition or alteration is accepted.

Payment Terms Net payment is due thirty (30) days from the date of shipment with approved credit. Payment should be made to Time Mark Corporation, 11440 East Pine Street, Tulsa, OK 74116-2019.

Shipment Terms All Shipments are made F.O.B., Tulsa, Oklahoma.

Responsibility and Title Title in the product shall pass to buyer upon tender of the shipment to a common carrier at F.O.B. point, Tulsa, Oklahoma.

Delivery Time Mark Corporation will make every responsible effort to fill all orders promptly. Time Mark Corporation will not be responsible for late deliveries resulting from any cause beyond its control. Claims for shortages or other errors must be made in writing to Time Mark Corporation within 30 days after receipt of shipment. Failure to do so will constitute a waiver of all claims by the purchaser.

Return of Merchandise for Credit No merchandise may be returned unless written authorization has been obtained from Time Mark. Unauthorized returns will not be accepted. Only unused equipment of current design may be returned for credit. Should a purchaser return merchandise for reasons of his own, a restocking charge may be assessed. Where applicable, the restocking charge is a minimum of $35 or 20% of billing, whichever is greater, plus transportation charges.

Return of Merchandise for Repair or Replacement If the merchandise is under warranty and the return is necessary because of defect in material and/or workmanship, see warranty statement below.

Warranty Time Mark Corporation’s standard “3-Phase Monitors” and all standard socket-mounted products are warranted to be free from defects caused by faulty materials or workmanship for a period of five (5) years from the date of manufacture. All other standard products are warranted for a period of one (1) year from the date of manufacture. The liability of Time Mark Corporation under this warranty is limited to repairing, or at its option, replacing or issuing credit for any of its products which are returned during such period provided, however, that;

Time Mark Corporation is promptly notified following any product failure; and
Time Mark Corporation authorizes the return in advance of merchandise; and
Defective merchandise is returned to Time Mark Corporation accompanied by a report of findings indicating the basis for rejection, and with transportation charges prepaid; and
That such defects as exist have not been caused by abuse, misuse, neglect, improper installation, repair
or alteration.
“In no event shall Time Mark Corporation be liable and Time Mark Corporation disclaims responsibility to the purchaser or any third party for loss, direct or indirect, for costs, expenses, losses or consequential damage of any nature. This disclaimer is in lieu of and supersedes all warranties, expressed or implied, as to description, quality or merchantability. There are no warranties of fitness for any particular purpose.”

Order Cancellation Any orders accepted by Time Mark Corporation may not be altered or modified by the purchaser without the written agreement of Time Mark Corporation. Any other cancellation or termination will be subject to payment of Time Mark Corporation losses, damages and expenses arising from such cancellation or termination.

Contract Agreement Time Mark Corporation’s Terms and Conditions of Sale are applicable. Time Mark Corporation will not recognize conflicting terms and conditions unless specifically agreed to in writing.

Penalty Clauses Time Mark Corporation will not accept any liability for penalty clauses of any kind, written or implied, unless specifically approved in writing by Time Mark Corporation.

©2016 Time Mark Corporation