Shop With Confidence | 60 Day Satisfaction Guarantee
TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by Thelco to customer (“you” or “Customer”). Thelco’s offer to sell products to Customer, and Thelco’ s acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and Global in a separate written contract, Thelco objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
QUOTATIONS & PRICING POLICY
Unless otherwise state, all quotations are valid for 30 days with price subject to change. Pricing for purchase orders are entered for processing and shipment as soon as possible upon receipt and are invoiced at price in effect of time of order acceptance or current pricing schedule as determined by our current inventory list. Prices are subject to change without notice. Shipment pricing with special instructions or handling or international freight will be invoiced at time of shipment.
SPECIAL ORDER ITEMS
Thelco charges 50% down on all special orders accepting 50% day of shipment. Once you place an order for custom-cut, customer built or any special order items (such as customized pumps, trimmed & balanced impellers, sub-assembly kits or explosion proof pumps,) your order is considered non-cancelable and any custom-fit, custom built or special order items purchased by you are also non-returnable.
Applicable excise, sales, use, occupation, or other taxes levied upon sales transactions will be added to our invoices. Thelco is liable only for such taxes as are levied by the State of Colorado, and applicable direct taxes of the United States of America. Any import tax, value added tax, sales tax, use tax, transportation tax, labor tax, or any other tax of any kind or nature whatsoever are the responsibility of the purchaser, and the purchaser agrees to indemnify Thelco for all such taxes, interest and penalties as may be incurred.
Terms of payment are within Thelco’s sole discretion, and unless otherwise agreed to by Thelco, payment must be received by Thelco prior to Thelco’ s acceptance of a new order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to and credit references have been received by Thelco. Payment in full shall be received by Seller within thirty (30) days from the invoice date. Thelco may invoice parts of an order separately. Orders are not binding upon Thelco until accepted by Thelco. Any quotations given by Thelco will be valid for the period stated on the quotation and pricing is subject to change at any time. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
CREDIT WITH THELCO
All client credit applications must be approved by Thelco’s Credit Department. Placement or acceptance of an order does not constitute the opening of an account on credit terms. Accounts placed on credit hold will not be authorized to receive product until their account is current and in good standing. Accounts on credit hold may pre-pay with credit card or via ACH. Thelco reserves the right to require payment for any shipment hereunder in advance or, in the alternative, satisfactory security for such order if the financial performance or credit worthiness of Customer is unsatisfactory to Thelco. Such security includes, but is not limited to, execution by Customer of a Corporate Guaranty. If Customer fails to make payment in accordance with these terms and conditions of sale or otherwise fails to comply with any provision hereof, Thelco may, at its discretion (and in addition to any other remedies available to Thelco at law or in equity), cancel any unshipped portion of Customer’s order. Notwithstanding the above, Customer shall remain liable for all unpaid account balances. Customer shall not transfer or assign the account(s) relationship(s) created by the extension of credit by Thelco to any third party without Thelco’s prior written consent. Credit or Return Questions? Give us a call and let’s discuss, or send your inquiry to email@example.com We now offer financing, visit our financing page to learn more.
PERFORMANCE, INSPECTION and ACCEPTANCE
Unless specifically provided otherwise by Thelco on a Thelco Quote, Order Acknowledgement, Invoice, or specifically provided for by Thelco for transaction onits website at www.thelco.com and unless Buyer is required to visually inspect the goods at Thelco’s facility, which would be noted, all goods shall be finally inspected and accepted within ten (10) days after receipt at point of delivery. All claims whatsoever by Buyer, excepting only those provided for under the Warranty and Limitation of Liability clauses hereof, must be asserted in writing by Buyer within said ten-day period or they are waived. If this contract involves partial performances, all such claims must be asserted within said ten-day period for each partial performance. There shall be no revocation of acceptance. Rejection may be only for defects substantially impairing the value of the goods and Buyer’s remedy for lesser defects shall be those provided for under the Warranty and Limitation of Liability clause herein.
Freight Shipments (Prepaid and Add)
For all freight shipments handled under the terms ‘Prepaid and Add’ (PPDA), Thelco incurs additional costs to manage and facilitate these transactions. These costs are a result of the comprehensive services we provide, which include but are not limited to, the coordination of freight logistics, handling of administrative procedures, and ensuring the secure and timely delivery of shipments.
Our commitment to providing these services necessitates the incorporation of these costs into the overall pricing structure for PPDA shipments. This approach ensures that we can continue to offer high-quality, reliable freight management services to our clients.
Clients choosing PPDA terms should be aware that these additional costs are reflected in the freight charges and are integral to the seamless execution of their shipments.
RETURN POLICY & DAMAGED GOOD POLICY
Thelco parts have a limited guarantee. Stocked items can be returned within sixty days of the date of shipment for a 30% restocking fee at the discretion of Thelco. Parts that are special-order items normally cannot be returned for credit. Customer will incur all shipping costs.
No goods are to be returned for credit without our written approval in advance. Returned goods must be current production products in saleable condition, and are subject to our restocking charge and all freight costs. Any claims on damaged goods must be made immediately following receipt of goods. We are not responsible for breakage, damage, or shortage after goods are delivered to the transportation company. Such claims must be made directly to the transportation company by consignee. Before accepting goods, have the transportation company acknowledge on the freight bill any shortage or damages incurred during transport.
Thelco will not be responsible for any direct, indirect, or consequential damage or liability resulting from the use of any part sold and or manufactured by it. Any Thelco parts or equipment will be replaced if defective in manufacture, labeling, or packaging. Except for such replacement, the sale, resale or any subsequent handling or use of our parts or equipment is without warranty of fitness for use, or warranty of merchantability, nor will Thelco be liable for any injury, loss, claim, damage, or any special, punitive, incidental or consequential damages of any kind (including, but not limited to lost profits or savings), whether based in contract, tort or otherwise. Further there is no other warranty of any kind or nature whatsoever, either express or implied, nor is there other liability, even though any defect, any damage, or any loss is caused by negligence or other fault of Thelco.
LIMITATION OF LIABILTY
In no event shall Thelco or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive, or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. Thelco shall not, in any event, be held liable or responsible for loss of production due to furnished equipment failure, lack of suitability, or for any and all costs associated with installation or removal of products supplied. Thelco shall not in any event be held liable for special, indirect, incidental or consequential damages. In the event of any issue with a product that you have purchased through Thelco, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Thelco’ s return policy.
In the event of any damage, claim, loss, or suit, against Thelco or any of its employees, the laws, rules and regulations of the State of Colorado and the United States of America shall govern the same. Any suit or other action shall be brought in the appropriate State of Colorado court of original jurisdiction, or such United States federal court as has jurisdiction of, resides in, and has its seat in the State of Colorado. If any part or portion of this warranty shall be found to be void or of no effect, all other provisions of these documents shall continue in force and effect.
THELCO ASSUMES NO RESPONSIBILITY FOR ANY ASSEMBLY INTO WHICH THELCO’S PRODUCT IS INCORPORATED AS A COMPONENT PRODUCT OR PART. BUYER SHALL BE RESPONSIBLE FOR DESIGNING AND CONDUCTING ALL TESTING TO DETERMINE WHETHER ANY PRODUCT IS APPROPRIATE FOR ITS APPLICATION. ANY RECOMMENDATIONS OR INSTRUCTIONS FROM THELCO ARE NOT INTENDED TO SUGGEST OPERATIONS THAT WOULD INFRINGE OR NOT INFRINGE AS THE CASE MAY BE, ANY PATENTS BELONG TO THIRD PARTIES, AND THELCO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR INFRINGEMENT OF ANY SUCH PATENTS. THELCO MAY, WITHOUT LIABILITY TO BUYER OF ANY KIND, DECLINE TO CONTINUE DELIVERIES OF ANY PRODUCT, THE MANUFACTURE, SALE OR USE OF WHICH, IN THELCO’S OPINION WOULD INFRINGE ANY SUCH PATENT NOW OR HEREAFTER ISSUED IN THAT CONNECTION, THELCO RECOMMENDS THAT BUYER TEST ALL NEW SAMPLES AND APPLICATIONS UNDER SIMULATED OR ACTUAL END-USE CONDITIONS TO ENSURE THE SAMPLE PROVIDED MEETS OR EXCEEDS ALL REQUIRED PRODUCT SPECIFICATIONS. BECAUSE ACTUAL USE CONDITIONS MAY BE CRITICAL TO OVERALL PERFORMANCE, IT IS RECOMMENDED THAT TESTING BE PERFORMED ON THE ASSEMBLED PARTS UNDER SIMULATED OR ACTUAL PRODUCT ASSEMBLY CONDITIONS.
The warranty period is for one year from the date of purchase. Our parts are made from analogous material to that of OEM parts. Thelco has, on occasion, substituted materials it believes, in its sole judgment, to be more suitable or of higher quality.
The only warranties applying to products sold are those, if any, specifically provided by Thelco or our partner manufacturers to be honored by the manufacturer. You acknowledge and agree that Thelco is a distributor and not a manufacturer, and all applicable product specifications, representations, and warranties are solely those of the manufacturer of the product sold. Thelco makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Wait, aren’t we a manufacturer of our own parts/foundry items?
Warrantees do not apply to damage caused by normal wear and tear, corrosion or errosion, and typically exclude mechanical seal failure occurring after initial successful start-up of equipment. In order to protect applicable warranty, equipment shall not be operated beyond established limitations and must be installed, operated and maintained in accordance with manufacturer’s recommendations.
All equipment repaired by Thelco (unless otherwise stated) is guaranteed to be free of defects in material and workmanship for a period of 90 days after shipment. Our responsibility is limited to replacement or repair of defective parts and/or correct of previous workmanship (F.O.B. in our shop).
Thelco neither assumes nor authorizes any person to assume for Thelco any other liability in connection with the sale or use of the goods sold. Thelco does not warrant that any of the parts or equipment that it sells will meet or comply with the requirements of any labor agreement, safety code, law, or regulation, of any state, municipality, or other jurisdiction, within or outside of the United States. This warranty and all matters attendant to it and any transactions shall be governed by the laws of the State of Colorado, USA, and where applicable, by the laws of the United States of America. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Buyer beware: some manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside the United States.
WEB SITE USE WARNING, NON-LIABILITY, & U.S. & INTERNATIONAL COPYRIGHT
Thelco reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to this web site you will be bound by these conditions and the changes to them. This site is provided as a courtesy to our customers, and it is free. Any reliance on the information, programs, or links to or from this site is at your own risk and without express or implied warranties of any kind.
Please note that this web site and materials on it are copyrighted by Thelco. Permission is given to you to freely use and distribute any materials from this web site for non-commercial and/or intra-company use. All trademark and copyright information must be preserved when any materials are copied. Thelco reserves all of its copyrights and the right disallows any use of its materials or this site in a manner we deem inappropriate. The services, materials and information you find on this web site are provided “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with this web site and any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, expectation of privacy or non-infringement. In no event shall Thelco or any third-party provider be liable for any injury, loss, claim, damage, or any special, punitive, incidental, or consequential damages of any kind (including, but not limited to lost profits or savings), whether based in contract, tort or otherwise, which arises out of or is in any way connected with any use of this site or content found herein, interruption of use or corruption of data.
Although comments and questions about products are welcomed, Thelco does not accept unsolicited submissions or creative ideas for its products. Any suggestions, ideas, concepts, or comments that are submitted, by any means, shall become, and remain, the sole property of Thelco. Furthermore, Thelco is not responsible for the confidentiality of any information communicated to or through the Thelco web site. By communicating any material to the Thelco web site, you agree to forfeit any right you may have to the material; and that Thelco has the right to use, or publish the material for any purpose, including, but not limited to, advertising, promotional purposes, design, production, and sale.
This site is controlled and operated by Thelco from the Thelco headquarters in Englewood, Colorado.
This privacy notice discloses the privacy practices for this web site owned and managed by Thelco. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- The choices available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
This website uses Google Analytics to help analyze how visitors use the site. Google Analytics uses “cookies,” which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The anonymous information generated by the cookie about your use of the website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity for Thelco only.
We will never use Google Analytics to track or to collect any personally identifiable information. Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from this site with any personally identifiable information from any source, unless you explicitly submit that information via a fill-in form on our website.
This web site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and our marketing efforts in general.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.