Binding Terms and Conditions of Sale

Effective Date: April 29, 2025
Version: 1.0

1. Definitions

“Products” means the goods offered for sale under these Terms.
“Customer” means the purchaser of Products from WeighTechUSA.
“WeighTechUSA” means WeighTechUSA, LLC, its affiliates and authorized agents.
“NC/NR” means Non-Cancelable/Non-Returnable.
“Non-Standard Products” means custom, special or value-added Products not customarily stocked.
“Terms” means these Terms and Conditions of Sale.

2. Acceptance & Cancellation of Orders

All orders are subject to WeighTechUSA’s written acceptance. Orders may be cancelled or rescheduled only with WeighTechUSA’s written consent and may incur a cancellation or restocking fee of 15% of the order value or actual costs, whichever is greater. NC/NR and Non-Standard Products are not cancellable or returnable. WeighTechUSA may limit quantities or allocate sales at its discretion. Product specifications and availability may change without notice.

2.1 Returns

Customers must request a Return Merchandise Authorization (RMA); WeighTechUSA will issue an RMA within two (2) business days. Defective Products must be reported within 30 days of shipment. Returns approved within 30 days require prepaid return freight. Refunds exclude original shipping costs. A 15% restocking fee applies. Products returned without RMA or shipped COD will be refused.

2.2 Counterfeit Prevention

Only Products shipped by WeighTechUSA or its authorized suppliers may be returned. Customers certify no substitution has occurred. Returns must be in original, unused condition, with original packaging.

3. Prices

Prices are those in effect at shipment and valid for 30 days unless otherwise specified. Prices exclude taxes, duties, shipping, brokerage, and related fees. WeighTechUSA may adjust prices due to cost changes beyond its control. For short-shipments or order changes, non-discounted pricing applies if quantity thresholds are not met.

3.1 Tariffs & Trade Measures

Due to ongoing trade measures and global tariff adjustments, Products may be subject to additional duties, tariffs, or surcharges imposed by the U.S. government or foreign authorities. Customers are responsible for all such charges imposed prior to or upon import into the destination country. If new tariffs are enacted between order placement and shipment, Customer agrees to reimburse WeighTechUSA for any resulting increase in costs.

4. Payment Terms

Payment is due in the currency on the invoice. Accepted methods: major credit cards, purchase cards, wire transfer/EFT, or net 30 days (with credit approval and references). Wire orders await funds for up to 20 business days; unreceived funds result in cancellation. Overdue invoices bear interest at 18% per annum, plus collection and legal fees. Returned checks incur a $25 fee.

5. Sales Tax

US Shipments: WeighTechUSA collects applicable federal, state, and local taxes unless a valid exemption certificate is on file.
International Shipments: Customer is responsible for VAT, GST/HST, brokerage, and import duties.

6. Delivery & Title

Shipments are FOB origin. Title and risk pass to Customer on delivery to carrier. Customers are responsible for transit insurance and must note damage on the carrier’s bill of lading and notify WeighTechUSA within five (5) business days. Delivery estimates are non-binding. Shipments may be in installments; one delayed installment does not affect others.

7. Limited Warranty

WeighTechUSA transfers only the manufacturer’s warranties. No other warranties are provided. Remedies are limited to repair, replacement, or refund of purchase price. Claims require notice within 90 days of shipment. This warranty excludes misuse, alterations, or unauthorized repairs.

8. Limitation of Liability

WeighTechUSA shall not be liable for special, incidental, or consequential damages, including lost profits, downtime costs, or property damage. Total liability is capped at the purchase price of the Products.

9. Indemnification

Customer shall indemnify, defend, and hold WeighTechUSA harmless from any third-party claims arising from Customer’s products or applications incorporating the Products.

10. Product Safety Notice

Products are for commercial use only. WeighTechUSA does not perform safety testing; specifications originate from manufacturers. Customers assume all safety responsibilities.

11. Statements & Advice

Technical or other advice is provided as a service and without warranty. WeighTechUSA is not liable for advice usage. No engineering or suitability studies are performed.

12. NC/NR Products

NC/NR Products are specified at time of order and cannot be cancelled, returned, or rescheduled without supplier and WeighTechUSA written consent.

13. Intellectual Property

Software and other IP are licensed under accompanying license agreements. Unopened software may be returned; opened software returns only if defective.

14. Force Majeure

WeighTechUSA is excused for delays or non-performance due to causes beyond its control, including natural disasters, labor disputes, or government actions. Performance is extended or orders may be cancelled without liability.

15. Export Control

Customer must comply with U.S. export laws. WeighTechUSA will not ship to embargoed countries or denied parties. Re-export restrictions apply. Customer is responsible for all required export/import licenses.

16. Miscellaneous

16.1 Notices

All notices must be in writing and delivered by email or certified mail to the addresses on the invoice.

16.2 Assignment

Neither party may assign these Terms without the other’s written consent, except to a successor in interest.

16.3 Entire Agreement & Amendment

These Terms, the Credit Application, and any written amendments constitute the entire agreement and supersede all prior agreements. Amendments require written consent.

16.4 Severability

If any provision is unenforceable, remaining provisions remain in full force and effect.

17. Governing Law

These Terms are governed by Florida law and U.S. federal law, without regard to conflict-of-law principles.

© 2025 WeighTechUSA, LLC