Read TSM Performance Terms and Conditions

Read TSM Performance Terms and Conditions

The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the site.

Legal Notice

All notices from TSM Performance to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to TSM Performance shall be made either by e-mail, sent to the address we provide on our Website, or first class mail to our address at:

2000 N. US Highway 12
Wauconda, IL 60084

Delivery shall be deemed to have been made by You to TSM Performance five (5) days after the date sent.

Copyright Notice

All content appearing on this Website is the property of:
TSM Performance
2000 N. US Highway 12
Wauconda, IL 60084
Copyright © 2012-2023 TSM Performance. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012-2023 TSM Performance. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by TSM Performance. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of TSM Performance or any third party, except as expressly granted herein.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TSM Performance and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if TSM Performance believes that customer conduct violates applicable law or is harmful to the interests of TSM Performance and its subsidiaries.

Shipping and Delivery

At this time, TSM Performance ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, TSM Performance ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this website passes to you when the merchandise is delivered to the shipping carrier.

International

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. TSM Performance is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Sales Tax

TSM Performance charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Website has been compiled from a variety of sources and is subject to change without notice, as are any products, programs, offerings, or technical information described in this Website. TSM Performance makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of this Website or its Content. By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. TSM Performance SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL TSM Performance BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

-- OR Depending on State --

The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Website is provided by the advertiser or manufacturer only, and not by TSM Performance.

The references and descriptions of products or services within the Website materials are provided "as is" without any warranty of any kind, either express or implied. TSM Performance is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Website or of the products or services described hereon.

The descriptions of, and references to, products, services, and companies on this Website are the sole responsibility of the companies providing the information ("advertisers"), and not TSM Performance.

The inclusion of material on this server does not imply any endorsement by TSM Performance, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although TSM Performance tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Website by using any one of the payment options listed in (link to Payment Options). TSM Performance reserves the right to change its payment procedures at any time without prior notice to you.

Product Return Policies & Procedures

Purpose

The purpose of this document is to describe the policies and procedures for the return of saleable products by customers to TSM Performance (hereinafter “TSM”). Any exceptions to the policies and procedures described herein require prior approval from TSM.

Definitions

MTS (Make-to-Stock) products: MTS products are held in inventory.
MTO (Make-to-Order) products: MTO products are only made when a customer order requires the product.

Policy

1. Returns – Product returns will be accepted that meet the following conditions:

  1. Only products shipped from TSM within the last 60 days will be considered for return.
  2. Only MTS products in a saleable condition will be considered for return and credit.
    1. Saleable condition is defined as meeting the same standards as newly manufactured/sourced products and must be in the original packaging with all the instructions, warnings, etc. TSM reserves the right to determine the salability of a product.
    2. Returns of MTS products over the threshold quantity as detailed on the MTS list must be approved by TSM.
  3. Any products that have been discontinued or made obsolete will not be considered for return.
  1. Products that were specially configured for the customer (MTO products) will not be considered for return, unless the return is due to an error made by TSM.
    1. A list of all Made to Order (MTO) Products is available from Customer Service. These can only be returned when TSM made an error preparing the shipment. All other products are Made to Stock (MTS).
  2. Products with a shelf life are not eligible for return. This includes, but is not limited to: batteries, sensors, instrumentation containing sensors and batteries, and Made to Order (MTO) products.
    1. A list of all products with a limited shelf-life is available from Customer Service.
  3. Items that were ordered in connection with natural disasters, pandemic, or similar situations are final upon shipment from TSM’s facility and will not be considered for return.

2. Fees – the following charges will apply for returned products:

  1. Restocking Charge
    1. TSM will impose a 25% restocking fee on each product returned, unless the return is due to a TSM error or where alternative arrangements have been agreed between both parties. A minimum restocking charge ($25.00 USD) may be applied to any transaction.
  2. Refurbishment Charge
    1. A refurbishment charge, in addition to a restocking charge, may be imposed to bring the material to its original specification. The charge will be based on the cost of materials and labor incurred to bring the material to original specification compliance and will be communicated.
    2. In the event the restocking and/or refurbishment charges exceed the value of the returned product(s), destruction of the products or return to you will be agreed upon.
  3. Transportation Charge
    1. Transportation of your products to TSM may be charged to you, dependent on the originally agreed responsibility for transportation costs as well as the reason(s) for returning your products to TSM.

3. Return of products from TSM shipping error
For products that are returned as a result of an error made by TSM i.e., incorrect part number, incorrect quantity, incorrect product, or duplicate shipment, the following applies:

  1. No restocking charge will be imposed.
  2. No transportation charges will be imposed.
  3. 100% credit will be issued if TSM is notified within 7 days after receipt of the product(s) at the place of delivery.

4. Products damaged while in transit

  • The liability for damage to products during transportation is dependent on the “Inco Terms” that apply to the shipment. With the Inco Terms as stipulated on the invoice, the place of delivery is defined where ownership of and responsibility for products changes from TSM to the customer. Dependent on where and when the products were damaged related to the agreed Inco Terms, the customer or TSM will be responsible for the following:
  1. In cases where damage to the product(s) took place under TSM responsibility:
    1. TSM will credit the damaged products or replace the damaged products free of charge.
    2. Customer must inform TSM of the damaged product(s) within 7 days after receipt of the product.
  2. In cases where damage to the product(s) took place under customer’s responsibility:
    1. The customer must file a claim with the carrier that transported the product.
    2. A new order with TSM to replace the damaged product(s) may be placed.
    3. Customer retains payment responsibility for damaged products while in the claims process with the carrier.

Procedure for Returning Products

Products that are returned to TSM require a Return Material Authorization (RMA), which is issued by TSM.

The following information will be required to issue the RMA:

  1. TSM invoice number and Customer name
  2. Date of purchase
  3. Part number/description/quantity (if items were purchased in pack quantities, then only full pack quantities will be accepted for return)
  4. Reason for the return

1. Shipping returns to TSM with an RMA

  1. Products authorized to be returned on the RMA will be shipped to the return address as indicated on the RMA.
  2. TSM should receive returned products within 30 days after issuing the RMA. After 30 days, the RMA becomes void.
  3. If TSM is organizing the transportation of the products to be returned, instructions will be provided by TSM to organize the collection of the products to be returned by a carrier selected by TSM.

2. Inspection of returns at TSM

  1. Only material in sellable condition will be considered for return and credit. At the arrival of returned products, TSM will determine whether returned products are in a sellable condition.
  2. Products received in a non-salable condition will be handled in one of the following ways:
    1. Refurbishment of the products returned – TSM will determine refurbishment costs and inform the customer.
    2. Destruction of product(s) with customer approval, including any applicable scrapping charges.
    3. Return of the product to the customer, including any applicable transportation charges.

Order Cancellation Policy

Purpose

The purpose of this document is to describe the conditions and fees applicable to order cancellations.

The intent of this policy is to recover all reasonable costs associated with customers canceling orders. This policy is not intended to contradict any local or national laws or regulations that might stipulate customers’ rights to cancel orders. If local or national laws prescribe conditions under which customers may cancel orders, those local or national laws shall prevail.

Definitions

MTS (Make-to-Stock) products: MTS products are held in inventory.
MTO (Make-to-Order) products: MTO products are only made when a customer order requires the product.

Policy

Orders, once acknowledged by TSM Performance (hereinafter “TSM”), may not be canceled without express written authorization by TSM. If and when authorized, the following cancellation fees may apply:

Order Cancellation Policy – Fee Schedule

Product Type | Agreement Reached Fee (order placed by the customer; accepted & acknowledged by TSM) | FEE

All Products | Before shipping | None
MTS Products | After shipping | 25%
MTO Products | After shipping | 100%*
Service | Before dispatch | 25%
Service | After dispatch | 100%

*subject to adjustments based on costs incurred or order processing cycle

This Order Cancellation Policy applies when the customer cancels all or part of an order after order acceptance and acknowledgment from TSM, but before shipment of goods or execution of services.

Orders Cancelled After Shipment will be treated as a “Return” with all applicable fees. Refer to TSM’s Product Return Policies & Procedures.

Orders with Refused at Delivery may be assessed an order cancellation fee, a restocking fee and/or other applicable fees.

Orders Cancelled After Shipment will be treated as a “Return” with all applicable fees. Refer to TSM’s Product Return Policies & Procedures.

Store Hours

Customer service is available as defined on the Contact Us page of this Web site. 10am - 6pm Monday thru Friday Central Time Zone.