TYKMA, INC. (TYKMA) is dedicated to protecting your privacy on the Internet. When you use this site, you consent to the use of your personal information by TYKMA in the following ways:
WHAT INFORMATION WE COLLECT AND HOW WE USE THAT INFORMATION
We collect information on what pages visitors access or visit. This information is aggregated to measure number of visits, average time spent on the site, pages viewed and similar statistics. This information is used to measure usage and improve the content of our site. When we collect personally identifiable information online, it is for the purpose of communicating with customers and improving the content of our site. If you wish to change any information submitted to TYKMA, or if you wish to opt out of our mailing list, please contact us at firstname.lastname@example.org. We do not sell, trade or rent personally identifiable information to third parties.
MONITORING, ENFORCEMENT AND LEGAL REQUESTS
TYKMA has no obligation to monitor the site or its use, or to retain the content of any user session. However, TYKMA reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. We may use IP addresses to identify a user when we feel it is necessary to protect our service, site, customers or others.
HOW WE PROTECT YOUR INFORMATION
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information, TYKMA cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. TYKMA will not be liable for disclosures of your personal information due to errors in transmission or unauthorized acts of third parties.
TERMS AND CONDITIONS OF SALE
The following General Terms and Conditions of Sale (“Terms and Conditions”) are a part of the sales contract (“Contract”) with the Buyer for the sale of Equipment and/or Parts and the provision of any ancillary services (collectively “Equipment” and/or “Parts”) described on the face side of this form. The Contract between with Buyer consists solely of the form of Quotation received from Tykma or its authorized distributor (“Dealer”), if any, Dealer’s or Tykma’s Invoice, these Terms and Conditions, and any other documents expressly incorporated into the Quotation; The placing of a purchase order by Buyer or acceptance of delivery of the Equipment and/or Parts (whether or not Buyer signs the acknowledgment on the face hereof) is irrevocably deemed Buyer’s agreement to the Contract and these Terms and Conditions, to the exclusion of any prior, additional or different terms or conditions. No additional, different, or conflicting terms or conditions, set forth in Buyer’s purchase order or otherwise shall be binding on Tykma unless expressly accepted by Tykma in writing.
- Prices and Terms of Payment.
- Unless otherwise stated in this Contract, Tykma’s price quotations are subject to Buyer acceptance within thirty (30) days, and may be withdrawn or canceled by Tykma at any time after such date. Orders will be billed at prices in effect at time of shipment unless otherwise so stated in the Contract.
- This Contract is subject to final approval (including credit approval) and acceptance by Tykma’s home office and is not binding on Tykma until signed by an authorized officer of Tykma and such written acceptance is delivered to Buyer.
- Prices do not include (and Buyer shall pay when due) federal, state or local sales, use, excise, or other taxes, tariffs, or duties, and other charges described in these Terms and Conditions.
- Payment terms are 30% of total Contract price upon placement of order and balance net 15 days upon delivery. Buyer shall make all payments, without any setoff or deduction, on the terms stated in this Contract. Tykma reserves the right to charge interest on any amounts that remain unpaid fifteen (15) days after the due date at a rate of the lesser of 1 ½% for every 30 day period of delinquency or the maximum rate permitted by law. Buyer shall pay all attorneys’ fees, court costs, and all other costs incurred by Tykma in collecting past due accounts, including interest on such amounts at the rate provided above.
- Tykma reserves the right to refuse orders, establish C.O.D., or cash in advance terms at Tykma’s discretion. Tykma maintains ownership of products until debt has been paid in full. In the event of default by Buyer to pay said debt, Buyer agrees to allow Tykma to repossess said products on Buyer’s premises.
- In the event Purchaser cancels the order, all amounts previously paid by Purchaser shall be retained by Tykma as liquidated damages.
- Shipping dates are estimates only. Tykma will use commercially reasonable efforts to ship by the date specified, but shall not be liable to Buyer for any delay in delivering the Equipment and/or Parts (including any resulting incidental or consequential damages). Shipping dates shall in any event be extended for delays, such as but not limited to acts of God, fires, strikes, transportation delays, delays of Tykma’s vendors, or any other cause beyond Tykma’s reasonable control. If shipment or delivery of Equipment and/or Parts is delayed by or at the request of Buyer, no changes or delays in payment terms will apply unless expressly approved by Tykma in writing. In such event, Buyer shall pay on demand all storage charges and other incidental expenses incurred by Tykma as a result of the delay in addition to any interest on late payment. Shipment from stock is subject to availability.
- Unless otherwise stated in the Contract, the Equipment and/or Parts will be delivered to Buyer ex works Tykma’s factory, and Buyer shall make all arrangements (and shall pay all costs) for transportation, handling and installation of the Equipment and/or Parts after delivery. If Buyer fails to provide arrangements for transportation, Tykma may make such arrangements in its sole discretion, provided that all such costs shall remain the responsibility of Buyer.The date of delivery shall be deemed to be the date the Equipment and/or parts are picked up by Buyer’s carrier.
- Packaging shall be selected by Tykma. Instructions for any special shipping, packing, or handling services must be given by Buyer in writing at the time of placing the order. Buyer will pay all costs for such services.
Buyer may cancel the Contract prior to delivery only upon written approval by Tykma and upon payment by Buyer to Tykma of the following charges:
- For Equipment and/or Parts to be fabricated by Tykma or its subcontractors, Buyer shall pay to Tykma on demand all direct and indirect costs (including without limitation engineering, product development, and allocable overhead and administrative costs) incurred by Tykma or such subcontractor in performing under the Contract, as determined by Tykma, prior to written notice of cancellation, plus profit in an amount equal to ten percent (10%) of all such direct and indirect costs; provided that the liability of Buyer shall not exceed the purchase price for the Equipment and/or Parts provided in this Contract.
- For stock item, Tykma’s loss of profit as reasonably determined by Tykma.
- Any down payments or progress payments made by Buyer on Equipment and/or Parts will be applied to such cancellation charges. Buyer acknowledges that any cancellation charges payable by Buyer hereunder are not a penalty but are a reasonable approximation of the economic loss to Tykma resulting from cancellation.
- Proprietary Information.
All specifications, drawings, designs, manufacturing data and all other data furnished by or belonging to Tykma, or pertaining to Equipment and Parts, and all terms of sale (“Information”) are trade secrets and proprietary information of Tykma. Buyer will not use or disclose (and will take steps to prevent its employees and contractors from using or disclosing) the Information except as specifically authorized by Tykma.
- Security Interest and Insurance.
As security for payment of all amounts due Tykma under this Contract, Buyer hereby grants to Tykma a security interest in the Equipment and/or Parts and all proceeds or products thereof and replacements or substitutions therefor, and Tykma shall have all rights of a secured party under the Uniform Commercial Code in effect from time to time in the State of Ohio or any other applicable jurisdiction or any successor law or laws of like effect. Buyer shall sign, and/or hereby authorizes Tykma to prepare and file all financing statements and other documents which Tykma may deem necessary or desirable to perfect such security interest in any public office. Until full and irrevocable payment for the Equipment and/or Parts, Buyer shall maintain replacement value insurance covering the Equipment and/or Parts against loss of damage from any cause with Tykma named as insured or co-insured to the extent of the unpaid purchase price..
- GOVERNMENTAL REQUIREMENTS; INDUSTRY STANDARDS.
TYKMA DOES NOT REPRESENT OR WARRANT THAT THE EQUIPMENT AND/OR PARTS COMPLY OR WILL COMPLY WITH ANY PARTICULAR FEDERAL, STATE, OR LOCAL STATUTES, REGULATIONS, OR REQUIREMENTS OF ANY TYPE, INCLUDING BUT NOT LIMITED TO OCCUPATION SAFETY (E.G., OSHA OR MSHA) REQUIREMENTS, ENVIRONMENTAL REQUIREMENTS, ANY ELECTRICAL CODES, OR ANY VOLUNTARY INDUSTRY STANDARDS. SINCE APPLICATIONS OF THE EQUIPMENT AND/OR PARTS VARY, BUYER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL SUCH FEDERAL, STATE, AND LOCAL STATUTES, REGULATIONS, OR REQUIREMENTS OF ANY TYPE, AND WITH ANY VOLUNTARY INDUSTRY STANDARDS, AND BUYER WILL INDEMNIFY AND HOLD TYKMA HARMLESS FROM ANY CLAIMS BY THIRD PARTIES (INCLUDING EMPLOYEES OF BUYER) RELATED TO SUCH COMPLIANCE OR TO OPERATION OR USE OF THE EQUIPMENT AND/OR PARTS, INCLUDING COURT COSTS AND ATTORNEYS’ FEES.
- LIMITED WARRANTY/EXCLUSIVE REMEDY.
FOR THE EXCLUSIVE WARRANTY FOR THE EQUIPMENT, GO TO WWW.PERMANENTMARKING.COM/WARRANTIES. ALL WARRANTY CLAIMS MUST BE SUBMITTED IN WRITING BY BUYER TO TYKMA WITHIN THE APPLICABLE WARRANTY PERIOD AND WITHIN THIRTY (30) DAYS OF DISCOVERY OF DEFECT, OR THE CLAIM WILL BE DEEMED WAIVED. THE OBLIGATION OF TYKMA SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT EX WORKS FACILITY DESIGNATED BY TYKMA (EXCLUDING SHIPPING COSTS, TO BE PAID BY BUYER), OF THE EQUIPMENT OR SUCH PARTS WHICH TYKMA DETERMINES WERE DEFECTIVE IN MATERIAL OR WORKMANSHIP UNDER NORMAL STORAGE, USE AND SERVICE. THIS WARRANTY APPLIES ONLY TO NEW EQUIPMENT AND PARTS AND EXPRESSLY EXCLUDES WEAR PARTS. THIS WARRANTY SHALL NOT APPLY TO ITEMS MANUFACTURED BY OTHERS ATTACHED TO THE EQUIPMENT AND/OR PARTS, AND BUYER’S RECOURSE FOR DEFECTS IN SUCH EQUIPMENT AND/OR PARTS OF OTHERS SHALL BE EXCLUSIVELY AGAINST THE MANUFACTURER OF THE EQUIPMENT AND/OR PARTS UNDER THE TERMS OF THE TYKMA’S WARRANTY. THIS LIMITED WARRANTY DOES NOT APPLY TO FAILURES OR DEFECTS OF THE EQUIPMENT COMPONENTS, AND/OR PARTS (INCLUDING WEAR PARTS) DUE TO ORDINARY WEAR AND TEAR, NEGLECT (INCLUDING BUT NOT LIMITED TO IMPROPER MAINTENANCE AND STORAGE), ACCIDENT, IMPROPER INSTALLATION (BY ANYONE OTHER THAN TYKMA) OR OPERATION, OR MODIFICATION NOT AUTHORIZED IN WRITING BY TYKMA (INCLUDING BUT NOT LIMITED TO USE OF UNAUTHORIZED PARTS OR ATTACHMENTS). ANY ALTERATION OR MODIFICATION OF THE EQUIPMENT, OR ATTACHING OF ANY PARTS OR EQUIPMENT NOT MANUFACTURED BY TYKMA OR NOT INTENDED TO BE ATTACHED TO THE EQUIPMENT, OR MAINTENANCE, USE OR OPERATION OF THE EQUIPMENT CONTRARY TO TYKMA’S INSTRUCTIONS, OR OPERATION OF THE EQUIPMENT WITHOUT PROPER, TYKMA-APPROVED TRAINING, SHALL AUTOMATICALLY VOID THIS WARRANTY. THIS LIMITED WARRANTY SHALL EXTEND ONLY TO THE BUYER AND IS NOT ASSIGNABLE. THE EXCLUSIVE REMEDY OF BUYER UNDER THIS WARRANTY OR OTHERWISE IN CONNECTION WITH THE EQUIPMENT AND FOR PARTS, SHALL BE REPAIR OR REPLACEMENT OF THE EQUIPMENT AND/OR PARTS IN ACCORDANCE WITH THIS PARAGRAPH, IN TYKMA’S DISCRETION
- LIMITATION OF LIABILITY.
TYKMA’S LIABILITY (AND THE EXCLUSIVE REMEDY OF BUYER) UNDER THIS WARRANTY FOR ANY ALLEGED DEFECT OR FAILURE OF THE EQUIPMENT AND/OR PARTS (INCLUDING RESULTS OF OPERATION OF THE EQUIPMENT AND/OR PARTS, AND WHETHER RESULTING FROM DEFECTS, FAILURES, OR ERRORS IN DESIGN, MATERIALS OR WORKMANSHIP, OR OTHERWISE), OR ARISING FROM ANY OTHER CAUSE, IS LIMITED AS PROVIDED IN 7 ABOVE. taxTYKMA SHALL NOT BE LIABLE TO BUYER FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE EQUIPMENT AND/OR PARTS OR OTHERWISE IN CONNECTION WITH THIS CONTRACT, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM DELAYS; LOSS OF USE OF PROPERTY; RESULTS OF USE OF THE EQUIPMENT AND/OR PARTS; LOSSES OF INCOME, PROFIT OR PRODUCTION; INCREASED COSTS OF OPERATION, OR PERSONAL INJURY OR DAMAGES TO OTHER PROPERTY ARISING IN CONNECTION WITH THE EQUIPMENT AND/OR PARTS.
- EXCLUSION OF EXPRESSED/IMPLIED WARRANTIES.
EXCEPT AS PROVIDED IN PARAGRAPH 7 ABOVE, TYKMA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES IN ANY WAY RELATING TO THE EQUIPMENT AND/OR PARTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Dispute Resolution/Arbitration Procedure.
- Except as provided herein, all disputes relating to this Contract or to the Equipment and/or Parts in any way (“Dispute”) shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered in the arbitration may be entered in any court having jurisdiction. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. The arbitration shall be conducted and the award made in Ross County, Ohio, USA before a single arbitrator from a list of arbitrators provided by the AAA. If the AAA is unable to furnish a list of potential arbitrators satisfying such requirements, Tykma shall supply Buyer a list of at least five (5) such persons from which the arbitrator shall be selected by Buyer. Any award shall be final and binding on the parties. The arbitrator shall include in the award the costs and attorneys’ fees incurred by the prevailing party in the arbitration.
- Notwithstanding the above, the arbitration provisions in Paragraph 10(a) above shall not apply, at Tykma’s sole option, including in circumstances in which Buyer has already served a demand for arbitration upon Tykma, to any one or more claims or actions against Buyer by Tykma in connection with (i) collection of any amounts due Tykma by Buyer for the Equipment and/or Parts or otherwise under this Contract, including but not limited to interest on such amounts and attorneys’ fees as provided above, (ii) enforcement by Tykma of any security interest in the Equipment and/or Parts and/or the proceeds thereof under this Contract or otherwise under applicable law, or (iii) exercise by Tykma of any and all remedies available to it in law or in equity in connection with actions described in (i) and (ii) above, including without limitation foreclosure and replevin. Any actions described in this Paragraph 10(b) are referred to as “Excluded Actions.” Tykma may at Tykma’s option maintain any such Excluded Actions in any state or federal court in the State of Ohio described in Paragraph 12 or in any other court having jurisdiction over Buyer, and the parties hereto irrevocably consent to the jurisdiction of such courts in connection with Excluded Actions and agree that any such courts are a proper venue for any such Excluded Actions.
- Entire Agreement.
The Contract is the entire agreement of the parties relating to the Equipment and/or Parts and supersedes all prior or contemporaneous discussions, correspondence or agreements (whether written or oral). Buyer’s performance under the Contract shall be deemed to constitute Buyer’s acceptance of all of the terms hereof, to the exclusion of any contrary terms in any writing provided by Buyer. The contract may not be amended nor any terms added, deleted, or changed except in writing signed by the parties and expressly stated to be an amendment. The Contract shall inure to the benefit of and be binding on the parties and their respective successors and assigns. Any execution by Tykma of a document submitted by Buyer in connection with Equipment and/or Parts shall not constitute acceptance by Tykma of any such additional or conflicting terms, or any modification of this Contract, but only acknowledgment of receipt of such document.
- Governing Law; Jurisdiction.
This Contract shall be interpreted in accordance with and its performance shall be governed by the laws of the State of Ohio without regard to conflict of laws principles. The parties hereby agree that the state courts located in the State of Ohio or the United States District Court for the Southern District of Ohio, Eastern Division, shall have exclusive jurisdiction over any action or suit between the parties (including any action to compel arbitration or to enforce an arbitration award) in connection with this Contract or the Equipment and/or Parts, and the parties hereto irrevocably consent to the jurisdiction of such courts in connection with such action or suit, and agree that any such courts are a proper venue for any such action or suit. Notwithstanding the above, any Excluded Actions may be maintained by Tykma in any state or federal court having jurisdiction over Buyer or such Excluded Actions.
About TYKMA Electrox
We are specialists in industrial laser marking and engraving systems. Our number one focus is the relationship with our customers as we aim to make things simple. From the initial contact through the installation of your laser system and beyond, we strive to provide a personalized consultative approach to solving your application.
Utilizing the latest in MOPA fiber laser technology, our machines offer high end design and are packed with cutting edge features backed with the best warranty in the industry. We can mark a variety of substrates, from all metals to most plastics, from anodized to carbide and more.
Contact us today to learn how TYKMA’s expertise and experience can help solve your application.