ASM Terms of Service
OVERVIEW
This website is operated by All Service Machine. Throughout the site, the terms “we”, “us” and “our” refer to All Service Machine. All Service Machine offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service”, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 2 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 4 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the eBay website. These products or services may have limited quantities and are subject to return or exchange only according to our/eBay’s Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the eBay site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our eBay store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 7 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of (or inability to use) the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall All Service Machine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Winterville Machine Works and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona.
SECTION 16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at allservicemachineaz@gmail.com.
ASM Terms & Conditions
1) Prices – List prices, discounts, and quotations are subject to acceptance by us. If it is necessary to change prices after order acceptance, your approval will be obtained prior to shipment; otherwise, the order will be deemed canceled. We reserve the right to correct any obvious errors in specifications and prices.
2) Terms of Payment - Without approved credit and an account having been established with All Service Machine prior to the commencement of work, all shipments or pick-ups will be made C.O.D. All fees, invoices, and charges are transacted in United States dollars.
3) Taxes - Any taxes which, under any existing or future law, we may be required to pay or collect with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods or services covered shall, if not separately shown, be added as a separate item to the quoted price, and shall be paid by you to us on demand, unless you provide us with an exemption certificate acceptable to the appropriate taxing authorities.
4) Freight - All goods and/or services provided by us are F.O.B. 3651 N. State Route 89, Chino Valley, Arizona, USA. All shipping costs shall be borne by you. All other orders shall be shipped freight collect. If a delivered price has been quoted, any changes at destination for spotting, switching, handling, storage, and other accessorial services and demurrage shall be borne by you, and any increase or decrease in transportation charges shall be added to or subtracted from the quoted price.
5) Materials, Tolerances, and Variations – All customer-supplied material shall be subject to inspection upon receipt and acceptance by us at our facility to assure acceptability for processing and conformance to your representations and our quotation requirements. You will be advised upon receipt by us of any goods received for processing that are nonconforming, damaged, visibly defective, or if the quantities received by us do not agree with the quantities indicated on your shipping document. You must provide documentation that shows the customer critical information, measurements with tolerances, and finish class. If a measurement does not contain a tolerance, then All Service Machine Shop tolerances are used. All goods shall be subject to tolerances and variations consistent with usual trade regarding dimensions, straightness, section, composition, mechanical properties, normal variations in surface and internal conditions and quality, and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods.
6) First Article Orders – A First Article Order is a manufactured part we are building for the first time or an existing part that has had a change to form, fit, function, or material. The purpose of the First Article Order process is to ensure that All Service Machine is capable of producing the part to your specifications. The quantities for these types of orders are at the customer’s discretion. A First Article part will be provided for your inspection and approval. Once we receive your approval, manufacturing orders may start. Should you elect to have production quantities manufactured before the First Article Order is approved, then you waive your right to file a claim for the parts should the parts not meet your expectations.
7) Cancellations, Change Orders, or Add-Ons – An order may be canceled or modified only by written agreement between the customer and All Service, except as otherwise provided in “Government Contracts” hereof. Since all orders are individually entered for processing immediately upon receipt of your written authorization and receipt of materials to be processes, we reserve the right to charge back to you any costs incurred from cancellation of the order or for our processing of any item on the order prior to receipt of cancellation notice. You are allowed one (1) delivery date change not to exceed sixty (60) days. Upon receipt of the second request or if the first request delivery date change exceeds sixty (60) days, then 50% of the order value is due and payable as defined in the “Terms of Payment” paragraph. We also reserve the right to consider all change orders and add-ons as separate and new orders subject to all terms and conditions of sale.
8) Deliveries – We will estimate the date of shipment as closely as possible and will make every effort to ship as promised but cannot and do not guarantee shipping dates. We assume no liability for loss or damage due to delay or the inability to ship caused by any reason, in whole or in part, beyond our reasonable control including but not limited to unavailability of material, labor difficulties, acts of God, war, accident, transportation difficulties, delays of subcontractors or suppliers, or other causes beyond our control.
9) Suspension of Performance – If in judgment reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right, without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any goods in transit until we receive payment of all amounts owing to us, whether or not due, or adequate assurance of such payment.
10) Claims – All goods sent out will be carefully examined, counted, and packed by us. The cost of any special packing or special handling caused by your requirements or requests shall be added to the amount of the order. If any goods received by you are nonconforming, damaged, visibly defective, or if the quantities received by you do not agree with the quantities indicated on the shipping documents, and if you intend to assert any claim against us on this account, you shall, within ten (10) business days after such receipt, furnish us with detailed written information of such damage, nonconformance, defect or shortage. Your failure to so inform us or your use of the material shall be your acknowledgement that we have satisfactorily performed. Claims for goods damaged or lost in transit should be made on the carrier, as our responsibility ceases on delivery to the carrier. Unless otherwise expressly stated, shipment may be by carrier or other means selected by us.
11) Tools and Fixtures – Unless otherwise expressly provided, any tools, or fixtures which may be developed for use in the production of the goods covered shall be owned by us, even though you are charged in whole or in part for the cost of such tools and fixtures.
12) Patent Infringement – If any goods and/or services are to be furnished to your specifications, you agree to indemnify us and our successors and assigns against all liabilities and expenses resulting from any claim of infringement of any patent in connection with the production of such goods.
13) Indemnification – You agree to indemnify, defend, and hold harmless All Service Machine, its officers, directors, employees, agents, and third parties for any loss, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use All Service Machine goods and/or services, advertising made by you, your violation of any terms of this Agreement, or your violation of any applicable laws, rules, or regulations. All Service Machine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which you will fully cooperate with All Service Machine in asserting any available defenses.
14) Government Contracts – Where you have indicated that your order is placed under a prime contract with the United States Government or a subcontract thereunder and have designated any one or more of the clauses contained in the Armed Services Procurement Regulations as presently in effect, such clauses so designated are incorporated herein to the extent they are required by Federal statute or regulation or by the terms of your prime contract or subcontract.
15) Compliance with Laws – Any clause required to be included in a contract by any applicable law or by any administrative regulation having the effect of law is hereby incorporated herein.
16) International Customers – The goods and/or services is controlled, operated and administered by All Service Machine, from our offices within the USA. If you obtain our goods and/or services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the All Service Machine goods and/or services in any country or in any manner prohibited by applicable laws, restrictions or regulations.
17) Set-Off – You authorize us to apply toward payment of any moneys that become due us hereunder any sums which may not or hereafter be owed to you by us.
18) Warranties – We warrant only that the goods and/or services we furnish will conform to their description as herein stated, subject to tolerances and variations described in the paragraph titled “Conditions of Materials, Tolerances and Variations.” We make no other warranty, expressed or implied, and specifically disclaim and exclude any and all warranties of merchantability and fitness for a particular purpose.
19) Limitation of Liability – Your exclusive remedy and our only liability arising out of this contract shall be replacement or repair of the goods or return of the purchase price paid by you, whichever such remedy we shall select. If we elect to repay the purchase price, you must return the goods to us immediately. Except for nonpayment by you, any action arising out of this contract must be commenced within one year from date of delivery in arbitration with the American Arbitration Association.
20) Arbitration – In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administer by the American Arbitration Association, or a similar arbitration service selected by the parties in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon in in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the Terms and Conditions.
21) Entire Agreement – The terms set forth herein constitute the sole terms and conditions upon which we offer our goods and/or services for sale. No other terms, conditions, waivers, alterations, modifications, or understandings apply. We hereby specifically object to any different or additional terms that may be contained in your purchase order.