Terms and Conditions of Sale

AGREEMENT OF SALE: Acceptance by Train Set Electronics, (hereinafter Seller) of any order, placed for the goods described on the Website, Order Form, Invoice, Sales Contract hereof shall be subject to Seller’s Standard Terms and Conditions of Sale and is conditioned upon the Buyer’s acceptance of these Standard Terms and Conditions of Sale as stated on this Sales Contract.

TERMS OF CONTRACT: Any terms or conditions of the Buyers order which are inconsistent with these Standard Terms and Conditions shall not be binding on the Seller and shall not be considered applicable to the sale or shipment of goods.

PRICES: Prices are subject to change to the extent permissible under applicable federal law. Sales contracts scheduled for delivery will be billed at prices in effect at the time of shipment.

SHIPMENT AND PAYMENTS: All prices are F.O.B. Seller’s location in Georgia. Shipments and deliveries hereunder shall at any times are subject to the approval of Seller’s Credit Department.

CLAIMS: Claims for shortages of goods or errors in billing must be presented within five (5) days from the date of goods: and must state the order number applicable to the claim. Any claim not so presented shall be conclusively deemed waived.

NON-CANCELLATION: Orders are not subject to suspension, reduction, or cancellation, except on terms that will indemnity Seller against loss.

SPECIFICATIONS: Seller relies on specifications and other data furnished by the Buyer. Alterations, changes in specifications, approval of samples, and/or changes in delivery shall not be binding upon Seller unless approved by Seller in advance. 

WARRANTY AND LIMITATION OF LIABILITY: Seller warrants that the goods supplied by it have been manufactured in accordance with its standard manufacturing practices and conform website description. For such goods Seller further warrants that the goods supplied by it are fit for the ordinary purpose or recommended installation procedures. Unauthorized and/or unapproved modifications or alterations of goods without the express written approval of Seller shall annul all warranties granted herein. Warranty and technical support on Train Set Electronics products are only available after payment has been received in full.

RETURNS: No goods are to be returned to Seller without its approval or written consent. Seller shall not be liable for any expense incurred by Buyer in order to remedy any defect in its goods. Goods returned for credit are subject to a 25% restocking charge. Freight or other costs incurred in restocking will be added. Returns resulting from errors by the Seller will not be subject to the charge. Returned materials shall be received in condition for resale as new equipment to qualify for credit.

TAXES: Any federal, state, local or government tax or charge on the sale, shipment of the goods covered by the Sales Contract, shall be added to the price and paid by Buyer or, in lieu thereof, the Buyer shall furnish Seller with tax-exemption certificates acceptable to the taxing authority. Buyer agrees to reimburse and save Seller harmless from all such state and local taxes, including interest and penalties thereon, which may at any time be payable to any governmental unit with respect to the sale of any goods covered by this Sales Contract.

APPLICABLE LAW: All questions arising out of this Sales Contract, the laws of the State of Georgia shall govern which shall be deemed a Georgia contract. Venue for any disputes arising out of this agreement shall be in Georgia. All disputes arising out of this agreement shall be resolved in the following fashion: the parties shall first engage in good-faith negotiation. If the parties are unable to settle their claims through good-faith negotiation, the parties shall attempt to resolve their dispute through mediation by an agreed upon mediator. Lastly, if mediation fails, the parties shall be subject to binding arbitration by an agreed upon arbitrator who is a member of the American Arbitration Association. The prevailing party, in any arbitration or other legal action arising out of this agreement, and/or these terms and conditions of sale, shall be entitled to indemnification of all its attorneys’ fees, litigation expenses, and costs from the losing party.

EXCLUSIVE TERMS: This Sales Contract, which includes these Standard Terms and Conditions, shall constitute the final and binding contract between the parties and shall take precedence over any other terms and conditions from the Buyer. Any changes or deviations from this Sales Contract must be in writing and mutually agreed to by Buyer and Seller.

SELLER RESERVES THE RIGHT TO SUBSTITUTE MATERIALS USED IN CONSTRUCTION OR EQUIPMENT SOLD PROVIDED SAID SUBSTITUTION DOES NOT MODIFY THE OPERATIONAL CHARACTERISTICS OF THE EQUIPMENT SOLD.

THESE TERMS OF SALE MAY BE MODIFIED WITHOUT NOTICE. THE TERMS OF SALE IN EFFECT AT THE TIME OF SALE SHALL APPLY. THE SELLER AS REFERRED TO IN THE TERMS OF SALE IS TRAIN SET ELECTRONICS.