Terms & Conditions
Product Classification
Top Flight Tools’ products are classified as commercial off-the-shelf (COTS). Therefore, Top Flight Tools reserves the right to reject any additional customer terms, conditions, or quality requirements beyond those included in Top Flight Tools’ quality management system.
Certificate of Conformance
A standard Certificate of Conformance is included with the packing slip and electronically signed at no extra charge. Any additional certificates or documentation requests may incur additional fees.
Kit Purchases
Customers are responsible for covering the cost of non-Top Flight Tools items within a kit if the order is canceled before delivery. In such cases, an invoice will be issued for these items and any related shipping costs.
Purchase Order Requirements
Website orders have no minimum value requirement:
- Domestic (USA): $0
- International: $0
Purchase orders submitted directly to Top Flight Tools will have the following minimum values:
- Domestic (USA): $50
- International: $250 (if no authorized distributors are present in the region)
Mercury Statement
No equipment containing mercury or mercury compounds is used in the fabrication, packaging, or testing of parts, assemblies, or materials supplied.
Terms and Conditions
- APPLICABLE TERMS AND CONDITIONS: These Terms and Conditions exclusively govern any sale between Top Flight Tools and the purchaser. If the purchaser fails to object in writing to these Terms and Conditions within ten (10) days of receipt, the acceptance of goods will be deemed an acceptance of these terms. Top Flight Tools expressly rejects any pre-printed terms from the purchaser unless specifically agreed upon in writing.
- CHANGES: Changes to an order that result in additional costs or extended delivery time will be adjusted accordingly. The purchase order will be modified to reflect these changes.
- SHIPMENT: If transportation charges are prepaid, the purchaser will be responsible for reimbursement. Special packaging requirements will either be included in the unit price or charged separately.
- DELIVERY: Delivery times will be as stated in the acknowledgment or within a normal lead time. Top Flight Tools is not liable for reasonable delays due to unforeseen circumstances such as strikes, natural disasters, or government actions.
- MATERIAL SHORTAGES AND ALLOCATIONS: In the event of material shortages, Top Flight Tools reserves the right to equitably allocate reduced quantities among purchasers.
- INSPECTIONS: Purchasers must inspect and accept delivered products upon receipt. Any discrepancies must be reported to Top Flight Tools within 15 days; otherwise, the goods will be considered accepted.
- INSOLVENCY: Top Flight Tools may cancel orders if the purchaser becomes insolvent or enters bankruptcy proceedings.
- TAXES: Prices do not include taxes or duties unless otherwise stated. Purchasers are responsible for all applicable taxes.
- SET-OFF: Purchasers may not offset amounts owed under one transaction against another.
- VENUE: Albuquerque, NM, is the proper venue for disputes.
- ATTORNEYS’ FEES AND COSTS: If Top Flight Tools prevails in legal action, the purchaser is responsible for attorney fees and court costs.
- TITLE: Title to goods passes to the purchaser upon identification to the contract.
- NON-WAIVER: Failure by Top Flight Tools to enforce any term shall not constitute a waiver.
- CANCELLATION COSTS: Purchasers may be liable for reasonable cancellation costs.
- RISK OF LOSS: Risk passes to the purchaser upon the goods leaving the FOB point.
- ERRORS SUBJECT TO CORRECTION: Typographical errors are subject to correction.
- RESPONSIBILITY FOR SAFETY & TRAINING: Purchasers assume responsibility for proper training and safe operation of all Top Flight Tools products.
- CYBER CRIME PREVENTION: Top Flight Tools reserves the right to delay shipments until the legitimacy of the purchaser and delivery information is verified.
- LIMITED WARRANTY: Top Flight Tools warrants its products to be free from defects under normal use for 90 days, excluding damage caused by misuse, tampering, or accidents. This warranty is exclusive of other warranties.
- LIMITATION OF LIABILITY: Top Flight Tools is not liable for consequential damages arising from the use or misuse of its products.
- SEVERABILITY: If any provision is found to be illegal or unenforceable, the remaining provisions shall remain in effect.
- PRODUCT COMBINATIONS: Purchasers are responsible for testing product combinations for suitability in their specific applications.
- CALIFORNIA PROP. 65 NOTICE: Rubber and plastic components may contain chemicals known to cause cancer or reproductive harm.