Timberline Tool:  Terms of Sale

Freight Charges:  All shipments are F.O.B. Kalispell, Montana unless otherwise agreed to.  Shipping and delivery charges are prepaid and added to the commercial invoice.  Shipments will be insured, according to value.  C.O.D. shipments will include a C.O.D. fee on the shipment in addition to the shipping and delivery charge.  Carrier collect shipments will be based on customer’s preference.

United States Pricing and Payment:  All pricing is in U.S. dollars.  Because of exchange rate fluctuations, make all payments in U.S. funds.  Any brokerage fees, taxes, and duties will be the responsibility of the buyer.

Payment Terms:  Terms are net 30 days to businesses with approved credit ratings on open credit.  Credit card payments are accepted and buyer agrees to pay a 4% fee.  C.O.D. shipment also available.  All past due accounts shall bear interest at the rate of 1.25% per month (15% per annum), and at each monthly billing date accrued interest shall become part of the principal obligation and thereafter bear the same rate of interest as the principal debt.

Attorney Fees on Breach:  If Timberline Tool should turn a delinquent account over to its attorney for collection purposes, buyer agrees to pay those reasonable attorney’s fees incurred by Timberline.

Returns:  Items are not returnable except for repair or replacement per Timberline’s warranty policy.  Please contact our Customer Service Department for shipping instructions and a return authorization number before returning any merchandise.  Any product that does not have its original serial number or other such markings may not be returned or exchanged.  Custom merchandise cannot be returned.

Backorders:  All items temporarily out of stock will be back ordered.

Custom Made Items:  If custom-made items are in process they may not be canceled unless a request for cancellation is agreed to in writing by Timberline Tool.  Any such agreement to cancel shall be at Timberline’s sole and absolute option and discretion.  Any such agreed to cancellation may provide for a certain monetary payment to be paid to Timberline in lieu of the price for the finished product(s).

Pricing Policy:  We do our best to hold prices; however, published prices are subject to change without notice.  Prices on scheduled shipments will be based upon the quantity released for each shipment.  Quantity prices apply only to the quantity purchased of each specific model number.

Security Interest:  To secure the payment and performance of any account not fully paid upon delivery, the purchaser grants Timberline Tool a security interest in all of the merchandise shipped to and received by purchaser and in all proceeds and products for the merchandise.  At Timberline Tool’s request, Distributor shall have its attorney prepare Uniform Commercial Code (UCC) Financing Statement(s) for filing with the Secretary of State and County Recorder in order to insure perfection of Manufacturer’s security in the inventory being shipped/to be shipped to Distributor.  The Financing Statement(s) shall contain language appropriate to clearly identify the collateral, shall include proceeds and products of the collateral, shall be executed by Distributor (Debtor) as appropriate, and evidence of filing shall be promptly returned to Manufacturer.

Entire Agreement:  By placement of an order, or by acceptance of goods ordered, buyer signifies agreement that no terms, condition or warranties other than those stated herein or on the Pricing Sheet (or Order Acknowledgement), and no agreement or understanding, oral or written in any way purporting to modify these terms, condition and/or warranties, whether contained in buyer’s purchase order or elsewhere, shall be binding on Timberline Tool unless made in writing and signed by an officer of the Company.