T.J. DAVIES CO., INC.
Standard Terms and Conditions
Acceptance of Contract Terms
By purchasing products from T.J. Davies Co., Inc. (TJD), you agree that you have read, understand, and agree to be bound by all of the provisions set forth herein and below (collectively, the “Terms and Conditions”), all of which constitute an agreement between you and TJD. The lack of enforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. These Terms and Conditions constitute the exclusive agreement between you and TJD, except as otherwise agreed in writing and signed by both you and TJD. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. TJD reserves the right to change its Terms and Conditions for subsequent orders.
TJD warrants its products to be free from defects in materials and workmanship for a period of one year from the date of original purchase. TJD agrees, at our discretion, to repair or replace tooling supplied by TJD which proves to be defective in materials or workmanship. This warranty is limited to defects that arise under proper normal usage, and does not cover any malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, or repairs by other manufacturers. Failure to follow any TJD instructions, directions, or technical advice is cause for immediate termination of any warranties expressed or implied herein.
Limitation of Liability
Under no circumstances shall TJD be liable in contract, warranty, tort, or otherwise for any special, exemplary, incidental, or consequential damages that result from your purchase of any products from TJD, or the use of, or the inability to use, any products from TJD. In no event shall our liability exceed the purchase price of the products that you purchase from TJD. It is the user’s responsibility to inspect all products to determine if they meet the specification that is required by you, the end user.
Limitation of Liability for Use Beyond Functional Lifespan/Improper Maintenance
It is understood by you, the end user, that cutting tools, retention knobs, tool-holders, collets, and inspection equipment have limited functional lifespans. It is your responsibility as the user to determine the products’ proper functional lifespan and to take out of service, rebuild, or dispose of properly. In no way shall TJD be liable for machinery downtime, damage to property, product, or equipment, inventory damage, or other charges incurred by you, or personal injury, or death, for TJD products used past their functional lifespan. It is always the user’s responsibility to have in place a maintenance schedule to inspect retention knobs and sockets for tightness, wear, and cracking. In no way shall TJD be liable for machinery downtime, damage to property, product, or equipment, inventory damage, or other charges incurred by you, or personal injury, or death, from use of a retention knob or socket that has not been properly maintained.
Limitation of Liability for Improper Choice of Retention Knobs
Retention Knobs are stressed components used to clamp or retain the toolholder to the CNC machine spindle. It is the user’s responsibility to confirm that the Retention Knob purchased from TJD is the correct shape, size, and specification that is recommended by the machine builder. TJD has no way of knowing your particular machine’s spindle options, tool changer layout, and drawbar pressure. In no way shall TJD be liable for machinery downtime, damage to property, product, or equipment, inventory damage, or other costs incurred by you, personal injury, or death, resulting from a retention knob breaking or improperly holding a toolholder in the machine spindle.
TJD may recommend to you a Retention Knob part number if you are unsure of which item to purchase. Our database of machine makes or models and their corresponding Retention Knobs are derived from customer feedback, details from machine and tool dealers, websites, technical publications, and other sources. But even if a Retention Knob is recommended by TJD, it is still your responsibility as the user to confirm that the Retention Knob purchased from TJD is the correct shape, size, and specification recommended by the machine builder. In no way shall TJD be liable for any machinery downtime, damage to property, product, or equipment, inventory damage, or other charges incurred by you, or personal injury or death, resulting from a Retention Knob breaking or improperly holding a toolholder in the machine as a result of any TJD part recommendation.
Jurisdiction and Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio applicable to contracts made and performed in Ohio, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, and not those of any other jurisdiction. You irrevocably consent to the exclusive jurisdiction and venue of the courts of Geauga County, Ohio in connection with any action arising out of or related to your purchase of items from TJD and these Terms and Conditions. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.
Order discrepancies must be reported within three (3) days of receipt of the product.
TJD ships exclusively via UPS. All product is shipped with signature required by the recipient. In the unlikely event that UPS does not deliver your order on time or loses your order, TJD will file a claim on your behalf but is not liable for any loss you suffer by reason of late delivery or failure of delivery. TJD does NOT insure shipments; if you wish to do so you must contact UPS prior to shipment to make arrangements for the purchase of insurance coverage offered by that carrier.
Shipment dates set forth herein are approximate. TJD shall not be liable for any delay in shipment of product due to causes beyond its reasonable control, including without limitation, acts of God or public authority, acts of the buyer, fires, labor disturbances, floods, extreme weather conditions, accidents, war, insurrection or riot, civil or military authority, compliance with priority of allocation orders or preference ratings issued by public authority, freight embargoes, failures of and delays by carriers, and/or shortages of material or manufacturing facilities.
Orders cannot be canceled, modified, or releases detained after the material and order is in process, or after an order has already shipped, except with TJD’s consent and subject to conditions then to be agreed upon, which shall include reimbursement of TJD against all losses.
We try to be accurate while listing our items on our website; however, from time to time, our product listing may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. TJD reserves the right to correct any errors, inaccuracies, or omissions and to change or update product information without prior notice (including after you have submitted your order).
Cancer and Reproductive Harm –
For more information, visit www.P65Warnings.ca.gov