Warranty Policy

 
T & S Machines and Tools, Inc
Standard 12-Month Warranty for Industrial Machines and Tooling


1. Scope of Coverage

T & S warrants to the original purchaser that each new machine, assembly, and hardware component it manufactures or supplies (including third‑party OEM parts) will be free from defects in material and workmanship and will conform to T & S’s written specifications for twelve (12) months (the “Warranty Period”) beginning on the earlier of:

  1. the date an e‑mail “Commissioning Sign‑off” is issued by T & S’s service team following successful commissioning at the buyer’s site, provided commissioning is completed within fourteen (14) calendar days after delivery; or

  2. the fourteenth (14th) day after delivery if commissioning has not been completed and signed off by that date; or

  3. the shipment date, for machines that are not commissioned by T & S.

Software, firmware, programs, sample code, training aids, documentation, and any product sold “as‑is” are not covered.

A replacement part supplied under warranty is covered for the unexpired balance of the original 12‑month term plus ninety (90) additional days on that part if the original term has lapsed.

2. Buyer’s Sole Remedies

T & S will, at its option, repair or replace any part proved defective within the Warranty Period.
If repair or replacement is, in T & S’s sole judgment, impractical, particularly where the defect is cosmetic only, T & S may issue a price credit or refund not exceeding the original purchase price of the affected item. These remedies are the buyer’s exclusive remedies; no other remedy (including cancellation, price reduction, or lost‑profit recovery) is available.

3. Exclusions

The warranty does not cover:

  • Normal‑wear consumables and expendables: belts, bearings, seals, cutting inserts or tools, filters.

  • Damage caused by misuse, negligence, accident, improper power supply, improper environment, failure to follow T & S’s written operating or maintenance instructions, or installation/repair/modification performed without T & S’s written direction.

  • Damage in transit. Risk of loss passes FOB Gainesville, Texas.

  • Indirect losses or expenses (downtime, lost production, lost profits, incidental or consequential damages).

4. Warranty Claim Procedure

  1. RMA Required. Buyer must obtain a written Return Material Authorization (RMA) from T & S, supply supporting evidence (photos, logs, diagnostics), and ship the item to T & S within fifteen (15) days of RMA issuance.

  2. Freight Responsibility.

    • Domestic (U.S.): T & S supplies a prepaid ground‑service return label and pays standard ground freight on the outbound replacement part. Expedited or premium freight is at the buyer’s expense.

    • International: Buyer pays all inbound and outbound freight, customs duties, VAT/GST, taxes, and brokerage.

  3. Returned parts become the property of T & S.

  4. If inspection shows no defect, inspection/testing charges, return freight, and any other costs will be assessed case‑by‑case as stated in the RMA.

Remote troubleshooting (phone, e‑mail, virtual diagnostics) is provided free of charge during the Warranty Period. On‑site service, commissioning, or field repairs are available only upon issuance of a purchase order and are billed at T & S’s then‑current published field‑service rates, plus travel and living expenses. The buyer bears all field‑service labor and travel costs even when a repair is covered by warranty parts.

5. Suspension of Warranty

Warranty service is suspended while any invoice owed by the buyer to T & S is past due.

6. Liability Limits

T & S accepts unlimited liability for direct physical damage to the warranted goods themselves, subject to the remedies above. All indirect, incidental, special, punitive, or consequential damages are excluded.

7. Buyer Indemnification

Buyer shall defend, indemnify, and hold T & S harmless from any third‑party claim for personal injury, death, or property damage arising from buyer’s misuse, modification, or unsafe operation of the equipment, worldwide.

Field service and start-up are available upon receipt of a purchase order. Charges are billed at the current T&S hourly rate, plus air travel and other expenses. Time is figured on a portal to portal basis.

8. Force Majeure

T & S is not liable for delay or inability to perform warranty obligations caused by events beyond its reasonable control, including natural disaster, war, terrorism, labor unrest, supply‑chain embargo, epidemic, governmental act, or export‑control restriction. Deadlines are extended for the duration of the event.

9. Dispute Resolution and Governing Law

  • Governing Law. This warranty and any sale of T & S products are governed by the laws of the State of Texas, U.S.A., excluding its conflict‑of‑laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  • Arbitration. Any dispute arising out of or relating to this warranty shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by a single arbitrator, with the seat of arbitration in Dallas, Texas, U.S.A. The award shall be enforceable in any court of competent jurisdiction.

  • Any claim must be filed no later than eighteen (18) months after the original shipment date of the equipment.

10. Entire Agreement; Order‑of‑Precedence

  • English is the controlling language of this warranty. Any translation is for convenience only.

  • These written terms supersede and control over any conflicting warranty or liability language in the buyer’s purchase order or other documents, unless T & S expressly agrees otherwise in a signed writing.

Questions?

Contact T&S Machines and Tools, Inc.

12 Whitleys Ridge Lane, Gainesville, Texas 76240 USA | support@ts‑probal.com | +1‑940‑668-1002