Terms and Conditions

OVERVIEW

These Terms and Conditions of Sale (“Terms”) govern the sale of products, equipment, systems, services, and related offerings (“Products” or “Services”) provided by Industrial Innovations (“Industrial Innovations,” “Company,” “we,” “us,” or “our”) to the purchaser (“Customer” or “you”).

By submitting a purchase order, accepting a quotation, or purchasing Products or Services from Industrial Innovations, Customer agrees to be bound by these Terms unless otherwise agreed to in writing by Industrial Innovations.

These Terms supersede any conflicting terms contained in Customer purchase orders, forms, or other documents unless expressly accepted in writing by Industrial Innovations.

 

1. QUOTATIONS AND ORDERS

All quotations issued by Industrial Innovations are valid for thirty (30) days unless otherwise stated in writing.

Orders are subject to acceptance by Industrial Innovations. No order shall be binding until accepted in writing or acknowledged by Industrial Innovations.

Customer may not cancel or modify an order without prior written approval from Industrial Innovations. Approved cancellations or modifications may be subject to restocking fees, cancellation charges, engineering charges, or reimbursement for work already performed and materials already purchased.

 

2. PRICING

Prices are subject to change without notice prior to order acceptance.

Quoted prices do not include taxes, freight, duties, installation, startup, training, or other additional services unless specifically stated in writing.

Customer is responsible for all applicable sales, use, excise, or similar taxes.

 

3. PAYMENT TERMS

Unless otherwise agreed in writing, payment terms are net thirty (30) days from invoice date.

Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

Customer shall reimburse Industrial Innovations for all costs incurred in collecting overdue amounts, including reasonable attorneys’ fees and collection expenses.

Industrial Innovations reserves the right to suspend performance or shipments if Customer fails to make payments when due.

 

4. DELIVERY AND LEAD TIMES

Any delivery dates provided are estimates only and are not guaranteed.

Industrial Innovations shall not be liable for delays caused by material shortages, transportation disruptions, labor issues, acts of God, governmental actions, supplier delays, or other causes beyond our reasonable control.

Shipment terms are FOB Shipping Point unless otherwise agreed in writing. Risk of loss transfers to Customer upon shipment.

 

5. INSPECTION AND ACCEPTANCE

Customer shall inspect all Products upon receipt and notify Industrial Innovations in writing of any shortages, defects, or nonconformities within ten (10) business days of delivery.

Failure to provide written notice within such period constitutes acceptance of the Products.

 

6. CUSTOM EQUIPMENT AND ENGINEERED SYSTEMS

For custom-engineered equipment, automation systems, spray systems, lubrication systems, or integrated solutions, Customer acknowledges that performance may depend upon operating conditions, maintenance practices, tooling conditions, materials, operator practices, and other variables outside Industrial Innovations’ control.

Any process recommendations, estimated savings, throughput projections, or performance expectations are provided in good faith but are not guarantees unless expressly stated in writing.

Engineering drawings, specifications, software, concepts, and technical documentation remain the property of Industrial Innovations unless otherwise agreed in writing.

 

7. INSTALLATION AND FIELD SERVICES

Unless specifically included in the quotation, installation, commissioning, startup, programming, training, and field service are not included in the sale price.

Customer shall provide safe access to facilities, utilities, compressed air, electrical service, and any required site preparation necessary for installation or service work.

Industrial Innovations reserves the right to suspend onsite work if unsafe conditions exist.

 

8. LIMITED WARRANTY

Industrial Innovations warrants that Products manufactured by Industrial Innovations will be free from defects in material and workmanship for a period of twelve (12) months from shipment or startup, whichever occurs first, unless otherwise stated in writing.

This warranty does not apply to:

• Normal wear items
• Consumables
• Misuse or improper maintenance
• Unauthorized modifications
• Improper installation by others
• Damage caused by operating conditions outside recommended specifications

Industrial Innovations’ sole obligation under this warranty shall be, at our option:

• Repair of defective Products
• Replacement of defective Products
• Refund of the purchase price of the defective portion

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

9. LIMITATION OF LIABILITY

Industrial Innovations shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:

• Lost profits
• Lost production
• Downtime
• Loss of business opportunity
• Scrap
• Tooling damage
• Labor costs
• Loss of data

In no event shall Industrial Innovations’ total liability exceed the amount paid by Customer for the specific Product or Service giving rise to the claim.

 

10. RETURNS

No Products may be returned without prior written authorization from Industrial Innovations.

Approved returns may be subject to restocking fees and must be returned in unused condition.

Custom products, engineered systems, and special-order items are non-returnable.

 

11. INTELLECTUAL PROPERTY

All intellectual property rights, including but not limited to designs, drawings, software, programming, technical documentation, trade secrets, and proprietary processes developed or provided by Industrial Innovations remain the exclusive property of Industrial Innovations.

Customer shall not copy, distribute, reverse engineer, or disclose proprietary materials without prior written consent.

 

12. FORCE MAJEURE

Industrial Innovations shall not be liable for failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, labor disputes, supply chain disruptions, pandemics, governmental actions, war, terrorism, transportation interruptions, or utility failures.

 

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.

Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Michigan.

 

14. ENTIRE AGREEMENT

These Terms, together with any quotation or written agreement issued by Industrial Innovations, constitute the complete agreement between the parties and supersede all prior communications or agreements relating to the subject matter herein.

No modification of these Terms shall be binding unless agreed to in writing by Industrial Innovations.

 

15. CHANGES TO TERMS

Industrial Innovations reserves the right to update or modify these Terms at any time. Updated Terms shall apply to future transactions upon posting to our website or issuance to Customer.

 

CONTACT US

If you have questions or comments about our Terms, please contact us at:

Industrial Innovations
2936 Dormax St SW
MI, 49418

616-249-1525

tturnbull@industrialinnovations.com