Terms and conditions
Title
Title to products passes from Test Dimensions to customer upon shipment from Test Dimensions facility.
Taxes
Unless otherwise stated on the face hereof, all prices exclude Value Added Duties (VAT).
Payment
Unless otherwise stated, all payments shall be due before the products are shipped. Test Dimensions reserves the right to obtain a security interest in all products sold to the customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Test Dimensions request. A 15 euro collection fee will be charged for all dishonoured payments.
Prices
Test Dimensions reserve the rights to change the prices of any or all of its products without prior notification.
Delivery
Test Dimensions will make every effort to dispatch orders within 2 weeks.
F.O.B. and Risk of Loss
Unless otherwise stated on the face hereof, all shipments are F.O.B. from Test Dimensions, The Hague, The Netherlands. Upon delivery of the products to the customer, Test Dimensions liability for delivery shall cease, and title and all risk of loss or damage to the products as a result of misuse, or damage to personal property as a result of misuse shall pass on to the customer.
Refunds
Refunds will be issued in the same form as the original payment with the deduction of an administrative fee of 15 euro. If paid by credit card, a credit will be issued to the original credit card provided on that specific order. If product(s) from Test Dimensions need to be returned for whatever reason, then customer shall return the product(s) to Test Dimensions under the following terms: Customer must obtain a Return Merchandise Authorization ("RMA") number by contacting customer service at support@TestDimensions.com. An RMA must be requested within 15 days of the order date. Returned products should then be shipped to the following address:
Test Dimensions
PO Box 95406
NL-2509CK The Hague
The Netherlands
Customer shall return the products to Test Dimensions, along with the original invoice or a copy of the original invoice. If no invoice is to be had, please include a letter specifying the problem, and including date of purchase, and the invoice number and customer ID (if known). Also please include your first and last name, and your phone number. This will help us expedite the solution to your problem, and allow us to contact you if there are any problems, or concerns regarding your return.
*Before a refund and/or reshipment can be issued, the products in question must be returned.
*Test Dimensions will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information including tracking numbers, until your account has been credited by Test Dimensions or replacement product is received. Test Dimensions cannot be held liable for any lost packages that are not given any type of tracking number or documentation. If Test Dimensions determines that failure of the product(s) was not a result of a defect in materials or workmanship, or if the reason for return does not involve failure, then Test Dimensions reserves the right to charge the customer for parts and labour at Test Dimensions current labour rate, or charge the customer a 20% restocking fee. Test Dimensions will advise customer prior to assessing these charges.
*If no order number (invoice number) or RMA number is included, there may be a delay in the return process.
*If you do not state whether you desire a refund or a replacement, a standard replacement will be issued.
* You will not receive a refund or reshipment if you use over 50% of the product.
For further information, please refer to our Return Policy .
Undelivered Products
A 15 business day waiting period is required before any product shall be resent or any order be cancelled at the discretion of Test Dimensions, per customer request.
Terms of Limited Warranty
Test Dimensions warrants to the original customer purchasing such products directly from Test Dimensions that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Test Dimensions, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, that is determined by Test Dimensions to be defective. Test Dimensions reserves the right to substitute functionally equivalent new or serviceable used parts. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Test Dimensions.
Test Dimensions MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THAT TEST DIMENSIONS WARRANTS THAT SUCH PRODUCTS COMPLY WITH THE APPLICABLE PRODUCT DATA SHEET EFFECTIVE AT THE TIME OF SHIPMENT AS AVAILABLE FROM TEST DIMENSIONS ON ITS WEB PAGES (http://www.testdimensions.com). Any claim with respect to such products must be made 30 days from the original date of shipment from the Test Dimensions premises and Test Dimensions shall have no liability thereafter. All WARRANTIES cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Test Dimensions or a Test Dimensions authorized third-party service provider. Test Dimensions, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any product covered by the foregoing warranty that is determined by Test Dimensions to be defective. Test Dimensions reserves the right to substitute functionally equivalent new or serviceable used parts.
Limitations
TEST DIMENSIONS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND Test Dimensions DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. IN NO EVENT SHALL TEST DIMENSIONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE NETHERLANDS. CLAIMS AGAINST TEST DIMENSIONS FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
Product resale
Customer shall not engage in the business of reselling product purchased from Test Dimensions, or remove products from product for resale, except upon express prior written authorization of Test Dimensions.
Assignment
Customer may not assign its rights or obligations hereunder without the express prior written consent of Test Dimensions.
Entire agreement
These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customers documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Governing law, jurisdiction and costs
This agreement is governed by the laws of the The Netherlands, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that The Netherlands is an appropriate place for venue of any litigation and that The Netherlands/Amsterdam courts have jurisdiction over this agreement and customer. In the event the customer and Test Dimensions are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys fees incurred.
Terms and Conditions
This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Test Dimensions, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON TEST DIMENSIONS.
