For the purpose of these Terms and Conditions, “Industrial Repair Service” shall mean Industrial Repair Service, Inc. “Customer” shall mean the person or entity identified in the related quote, purchase/sales order, or RMA (defined in Section 10 below) that is seeking to purchase products and/or services from Industrial Repair Service. Industrial Repair Service is a service provider for repairs for industrial and commercial electrical, mechanical, electronic controls, automation, and motion products, serving various industries.

Customer and Industrial Repair Service are independent contractors, and nothing in this Agreement makes either party the agent or legal representative of the other party. Neither party has authority to assume or to create any obligation on behalf of the other party.

For the purposes of these Terms and Conditions, “Equipment” will mean equipment, parts, supplies, materials, systems or other personal property. These Terms and Conditions, together with Customer’s related purchase/sales order, RMA, or quote, govern the relationship between Customer and Industrial Repair Service and apply to: 1) all sales of Equipment by Industrial Repair Service to Customer; 2) all manufacturing, assembling, integration, upgrading and/or engineering of Equipment by Industrial Repair Service for Customer; and/or 3) all repairs to Equipment by Industrial Repair Service for Customer. Customer acknowledges and agrees that these Terms and Conditions are incorporated in, and are a part of, each quote, purchase order, RMA, invoice, release, requisition, work order, shipping instruction, specification, and any other document, whether expressed verbally, in written form or electronic commerce, relating to the sale, manufacture, assembly, integration, upgrade and/or engineering of equipment by Industrial Repair Service to Customer and/or repair of equipment by Industrial Repair Service for Customer (such documents including these Terms and Conditions are collectively referred to as the “Agreement”). The Agreement represents the complete and exclusive statement of the parties’ agreement and supersedes any prior discussions, negotiations, agreements, and understandings. Any modifications proposed by Customer are not part of the Agreement in the absence of Industrial Repair Service’s written acceptance thereof in a separate writing. Any terms or provisions in the Customer’s Purchase Order, RMA, or quote which are in any way inconsistent with those in this Agreement shall be null and void and the Terms and Conditions herein shall control. The acceptance or approval of Industrial Repair Service’s quote or the issuance or placing of a purchase order or RMA by Customer shall constitute acceptance of these Terms and Conditions.

All quotes from Industrial Repair Service must be in written form or by electronic communication (i.e., email or text). No verbal quotes will be valid. Customer acknowledges that only written quotes that specifically identify the equipment and quantity being sold, manufactured, assembled, integrated, upgraded, engineered, serviced and/or repaired by Industrial Repair Service may be relied upon by Customer. All clerical errors in quotes are subject to correction by Industrial Repair Service. All quotes must be approved by the Customer, first, prior to the commencement of repairing or replacing the Equipment. If Customer decides not to have an item repaired after it has been received by Industrial Repair Service for evaluation and quoted, it will be returned to the Customer freight collect. Customer’s item will also be returned to Customer, freight collect, if it is not authorized by Customer for repair within 90 days following the date that the approved quote for repair has been provided by Industrial Repair Service. Industrial Repair Service will make reasonable attempts to contact the Customer verbally, in written form, or electronic communication to return the item to the Customer.

Customer shall inform Industrial Repair Service of any management changes within Customer’s company structure. Customer acknowledges that any unapproved item(s) that have been stored in an Industrial Repair Service facility after 365 days will be forfeited and shall become property of Industrial Repair Service. Industrial Repair Service will make reasonable attempts to contact the Customer verbally, in written form, or electronic communication but if no response from the Customer is received, Industrial Repair Service has the right to dispose of the item and/or Equipment.

Customer acknowledges that: (i) not all items are repairable, (ii) that when repair is in process, there are situations wherein it is discovered that the item has extensive damage, and (iii) parts may be unavailable, which may cause the items to be unrepairable. If Industrial Repair Service determines, in its sole discretion, that an item is not reasonably capable of being repaired, then Industrial Repair Service will make reasonable efforts to quote Customer on a comparable exchange or on a new comparable item of equipment. If none of these options fulfill the Customer’s requirements, then Industrial Repair Service will return and ship the Customer’s item back to the Customer via ground transportation at no charge to the Customer or Industrial Repair Service will dispose of the item if so requested by Customer.

Customer acknowledges that shipping, credit card fees, processing fees, and wire transfer fees are not reflected on the initial quotes from Industrial Repair Service. Accordingly, all shipping, credit card fees, processing fees, and wire transfer fees are additional costs, to the Customer, and all such costs will be included on the final billing statement unless expressly provided otherwise in this Agreement or in writing by Industrial Repair Service.

Industrial Repair Service prices Equipment, services and other related items shown in any Industrial Repair Service publication, including but not limited to catalogs, brochures, and Web sites, on a flat rate basis. Industrial Repair determines a price by taking into account, among other things, new costs, past history, and current market repair pricing for that item. Flat rate pricing ensures that an evaluation fee is never charged. All transactions are in U.S. Dollars. Such publications are used only as a source of general information, and any prices shown therein are subject to confirmation by Industrial Repair Service with a specific quotation and/or an accepted purchase order or RMA. Unless otherwise agreed in writing between Industrial Repair Service and Customer, Industrial Repair Service reserves the right to increase or decrease any price with any such increase or decrease to apply to any purchase order or RMA that has not been accepted by Industrial Repair Service as of the effective date of such change. However, such price changes will not apply to any purchase orders that have been accepted by Industrial Repair Service, or pursuant to which Equipment has been shipped and billed prior to the effective date of the price change. Prices do not include related freight charges, duties, customs’ charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority or by any shipper (collectively, “Taxes and Fees”) unless otherwise expressly agreed to in writing by Industrial Repair Service, all of which charges and taxes shall be paid by the Customer. Delivery of Equipment will be F.O.B. point of origin and all transportation costs for all Equipment shipped by Industrial Repair Service shall be billed to and prepaid by the Customer or charged to the Customer’s consignee freight account.

Prices quoted do not include (and Customer shall pay) all Taxes and Fees of any kind that may be levied or imposed on either party by federal, state, municipal, or other governmental authorities in connection with the sale, service, repair or delivery of the Equipment by Industrial Repair Service including, but not limited to, sales, use, excise or similar taxes, shipping or credit card fees, wiring fee, with the exception of Industrial Repair Service’s income tax obligations arising out of the sale of the Equipment or repair services by Industrial Repair Service.

Unless otherwise specifically agreed in writing by Industrial Repair Service, the total price for Equipment or services provided by Industrial Repair Service to Customer is due and payable to Industrial Repair Service, without any setoff or other deductions. Industrial Repair Service may, in its sole discretion, extend to Customer an open credit account in accordance with and subject to the terms specified in the Industrial Repair Service standard Credit Agreement, a copy of which shall be provided to Customer upon request.

Payment tendered at (or before) time of invoice may be made in the form of cash, check, wire transfer, ACH/EFT, or accepted credit card in U.S. Dollars. Open account credit may be extended at Industrial Repair Service’s sole discretion upon satisfactory credit review and will be subject to the terms specified in Credit Agreement.

Any amounts due by Customer to Industrial Repair Service that remain unpaid 30 days following the date of Industrial Repair Service’s invoice will bear interest on the unpaid balance at the rate of one and one-half percentage rate (1.5%). The accrual or payment of any interest as provided above will not constitute a waiver by Industrial Repair Service of any rights and remedies in connection with a default by Customer. Customer will pay all court costs, attorney fees, and other costs incurred by Industrial Repair Service in collecting past-due amounts, including, without limitation, interest. Industrial Repair Service may use, in its discretion, third part collection services in the event of past due invoices.

If shipment or delivery of Equipment is delayed by or at the request of Customer, payment will remain due in full 30 days from the date of Industrial Repair Service’s invoice.

Industrial Repair Service offers several payment options that are secure, easy, and flexible. For questions regarding credit within the U.S. call our Accounting Department 800-950-2349 for further instructions. Industrial Repair Service accepts designated credit cards, wire transfers, ACH/EFT, cash, checks, and Net 30 credit terms as forms of payment. In order to process payment with Industrial Repair Service, Customer will need to call into our Accounts Receivable department at 800-950-2349 or email: ar@industrialrepair.net. Customer must provide a valid invoice number, packing slip number, or S-number in order to process payment.

Credit Cards

Industrial Repair Service accepts the following credit cards: VISA, MasterCard, and American Express. Customer acknowledges that a 3.9% processing fee will apply to all invoices being paid by credit card. The processing fee will be shown on Customer’s final invoice billing but it will not be part of Industrial Repair Service’s initial quote for repair.

Checks and/or Cash

For payments in cash or by checks, please mail all payments as follows:
Industrial Repair Service
Attn: Accounts Receivable
2650 Business Drive
Cumming, GA 30028

Wire Transfer

Payments via wire transfer shall be made to the designated account of Industrial Repair Service, payable to Industrial Repair Service, Inc. Please contact Industrial Repair Service’s Accounts Receivable department 800-950-2349 for further wire transfer instructions. All wire transfer fees shall be paid by the Customer. Domestic wire fees are $50.00 and international wire fees are $75.00, subject to increase if there are increases in wire transfer charges to Industrial Repair Service.

Net 30 Terms

Industrial Repair Service offers net 30 credit terms. Customer must contact our Accounts Receivable department at 800-950-2349. The Customer must complete a credit application. The completed form must be submitted in its entirety (including DBA if applicable): address, phone number, fax and Federal Identification Number (EIN). All credit applications must be signed. If Customer is exempt from sales tax, please include a copy of Customer’s tax exemption certificate. Customer will be notified by the Industrial Repair Service Accounting Department if further information is required. Customer will receive an email from the Industrial Repair Service Accounting Department with a confirmation letter stating said customer ID#, credit limit, and payment terms.

Equipment purchased from Industrial Repair Service may not be covered by the manufacturer’s warranty because Industrial Repair Service is not an “authorized” dealer of the Equipment. However, the Equipment is covered by Industrial Repair Service’s In-Service Warranty, the terms of which are set forth below:

Industrial Repair Service currently offers two (2) In-Service Warranties. The first Warranty is for 18 Months and applies to all motors, mechanical, and robotics. The second Warranty covers electronics and extends to 24 Months. The 24 Month In-Service Warranty commenced January 1, 2018 and does not apply to previous electronic services for prior years.

Industrial Repair Service Warranty covers the entire unit and not just the parts repaired or replaced. The warranty does not begin until Customer installs the repaired unit back into the machine.

All Warranties issued are provided by Industrial Repair Service, not the manufacturer. If the Customer wishes to make a warranty claim, the Customer shall provide notice using the following methods:

• Contact 800-950-2349 or 770-205-0040
• Email assigned Account Manager or our customer service department: customersvc@industrialrepair.net

Upon receipt of a warranty claim, Industrial Repair Service will issue a Return Authorization Number (RMA). Industrial Repair Service will not accept any Warranty Claim without a valid, PO or RMA. Any warranty provided herein by Industrial Repair Service is available only if (1) Industrial Repair Service is promptly notified in writing upon discovery of an alleged defect, but in all cases within the applicable warranty period, and (2) Under a warranty claim, Customer agrees to allow Industrial Repair Service the opportunity to conduct a full warranty evaluation of the Equipment. Industrial Repair Service’s warranty evaluation examination of the subject Equipment discloses, to its satisfaction, that the Equipment is defective and that any defect has not been caused by misuse, neglect, improper installation, improper operation, improper maintenance, repair or alteration, improper storage or handling, abnormal temperatures, moisture, dirt or corrosive conditions, accident, an act of God or unusual deterioration or degradation of the Equipment or parts thereof due to physical environment or due to electrical or electromagnetic noise environment, and (3) the Equipment has not been repaired during the applicable warranty period provided for herein by any individual, person, or entity other than Industrial Repair Service. If unit has been opened or tampered with by any individual, person or entity other than Industrial Repair Service all product warranties are subject to be void. (4) Any warranty claim that is received before the end of the warranty period must include Industrial Repair Service’s identifying bar code (S-number). This barcode identifies and tracks the history of the unit. If Customer removes unit barcode (S-number) all product warranties from Industrial Repair Service are subject to be null and void. (5) Upon filing a warranty claim with Industrial Repair Service, Customer agrees to give Industrial Repair Service at least one opportunity to repair Equipment again prior to considering the issuing of any type of a credit to the Customer’s account.

Any Freight and rush fees for goods returned under warranty claims shall remain the responsibility of the Customer.

Industrial Repair Service’s Warranty does not cover any abuse by the end user, acts of god, or damage caused by external issues. Our obligation is limited to the repair or replacement, at our choice, of any defective product free of charge to our Customer. If Industrial Repair Service decides that the product cannot be repaired or replaced, Industrial Repair Service shall credit Customer’s account in an amount equal to the amount paid to Industrial Repair Service. Credits are for in-house redemption only and are reflected as a dollar value on the Customer’s account. Credits may be used to pay open invoices or used toward future repairs with Industrial Repair Service. Industrial Repair Service does not offer cash refunds on in-house credits.

In no event shall Industrial Repair Service be liable for any damages except actual damages up to, but not exceeding, the amount the customer paid to Industrial Repair Service for the applicable Equipment or service. Customer will indemnify and hold Industrial Repair Service harmless against any liability for any special damages including consequential damages, incidental damages, lost profits, costs, lost revenue, or expense (including attorney fees) arising out of or resulting from Customer’s actions or inactions that are contrary to these Terms and Conditions. Except as expressly provided in this Section 10, Industrial Repair Service makes no warranties of any nature whatsoever, including, but not limited to, warranties of merchantability and fitness of use for a particular purpose. Industrial Repair Service hereby disclaims any and all such other warranties.