Please review the following general overview of sales policies and procedures for Toolmex products. Click here for detailed terms and conditions
. If you are unable to find the information you are looking for on this page, please email Customer Support at email@example.com
or call 800-992-4766.
General Terms and Conditions
- Prices are subject to change without notice.
- Acceptance or shipment of any order is subject to final approval by our Credit Department.
- FOB Origin, Freight prepaid
- Payment: Net 30
- Insufficient Funds Charge: $35.00
- Latin American export orders are shippied EX-WORKS Natick, MA or Schaumburg, IL.
General Return Policy
All returns are subject to the discretion of Toolmex Corporation. All returns require prior approval, and an assigned Return Merchandise Authorization (RMA) number to the requested return. Merchandise must be in original packaging and in resalable condition. When calling to request an RMA, please have the following information available:
- Your purchase order number
- Toolmex order number or invoice number
- Toolmex part number
- Reason for return
All returns are subject to inspection prior to credit being issued to the customer. The following return charges may apply:
- TOOLMEX ERROR: No restocking charge and no freight charge
- CUSTOMER ERROR: Returned in original carton - in resalable condition
> New order of equal or greater value placed at the time of return - no restocking charge
> No replacement order - 10% restocking charge
- CUSTOMER ERROR: Not in original carton - 25% repackaging charge
- CUSTOMER ERROR: Merchandise not in resalable condition - no credit due
- PACKAGING: Large authorized returns not packaged well - 25% repackaging charge
- CUSTOMER ERROR: The customer is responsible for all freight charges - original order and returns
Defective returns are subject to evaluation prior to credit being issued. Immediate replacement orders will be billed. Credit will be issued after the returned product has been evaluated. No credit will be issued on authorized returns due to the following conditions:
- Item has been used - not in resalable condition
- Item has been modified by customer
- Item has been damaged
- Item returned does not match item authorized to return
The material will be returned to the customer at their expense or disposed of at our end.
Cancellation of Order
Requests may be subjected to a maximum 50% cancellation charge, depending on availability to cancel with Toolmex suppliers.
Unauthorized returns with no paperwork will not be processed, and no credit due to customer. Such returns are subject to be returned to customer with all freight charges the responsibility of the customer.
All Claims must be made within 7 days from receipt of merchandise.
Toolmex must be notified within 30 days of all short shipments.
Damaged or Lost Shipments*
In the event of damaged or lost shipments: (a) UPS - Notify local UPS office and Toolmex Corporation immediately. Keep damaged tools and packaging until you are advised to dispose; (b) TRUCK - Toolmex Corporation is not liable for merchandise damaged or lost by trucking companies. Please have the driver note the damage or shortage on the freight bill. The customer should file a claim with the trucking company, and reorder the product with Toolmex immediately.
*See full Terms and Conditions for Latin American export sales.
Toolmex products have a one year Limited Warranty unless otherwise specified on product packaging. Warranty coverage begins on the day the product is purchased by the customer. After one year from the date of purchase the product is non-returnable
Electric Motor Policies
Motor Freight Policy*
All electric motor orders are shipped F.O.B. shipping point freight prepaid and add unless otherwise specified by the customer. Toolmex covers shipping and handling for standard ground delivery for regularly priced motor orders (excluding overstock and sale items) over US $3000 before tax and freight, on a carrier chosen by Toolmex, to a single destination within the continental United States. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by customer. Fuel surcharges may be applied. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.
*See full Terms and Conditions for Latin American export sales.
Motor Return Policy
Motors sold may be returned within 30 days after the date of purchase for a 20% restocking fee. After 30 days motors cannot be returned. In the unlikely event of motor failure, Toolmex will warranty the motor under the guidelines of the Toolmex Corporation Motor Limited Warranty and Service Policy. Toolmex also does not offer stocking distributors a "stock-swap" policy.
Toolmex may procure products not available through the Toolmex catalog or available on www.toolmex.com for a customer from other sources (“Sourced Product(s)”). Sourced products are priced according to current market conditions on a per order basis, and are shipped F.O.B. origin with freight and handling fee paid by Toolmex and charged to customer. Any charges for Other Freight Services are paid by customer. A returned goods authorization must be issued by Toolmex prior to returning any Sourced Product. TOOLMEX’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO SOURCED PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER’S SOLE REMEDY. All Sourced Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed. Sourced and/or Special Oder Product orders may be subject to advance deposits, prepayments, or other non-standard payment terms. At its discretion, Toolmex may require non-cancelable purchase orders for any sourced or special order requests.
Customer may order custom products (“Custom Product(s)”) created to customer’s specifications. Toolmex is not responsible for verifying or confirming the accuracy of specifications provided by customer to Toolmex for Custom Products. TOOLMEX’S LIMITED WARRANTY TERMS INCLUDED IN THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOM PRODUCTS. THE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER WILL BE CUSTOMER’S SOLE REMEDY. All Custom Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.
Motor Limited Warranty
Toolmex Corporation and its employees are proud of our products and are committed to providing our customers and end users with the best designed and manufactured electric motors. This Limited Warranty and Service Policy describes the Motor warranty and warranty procedures.
Scope of Warranty: All Elektrim and Elektrimax motors are warranted against defect in workmanship and materials.
Warranty Period: Elektrim and Elektrimax motors are warranted for (Elektrim motors: 36 months; Elektrimax motors: Explosion Proof (XP) 36 months, General Purpose (GP) 30 months, Premium Efficiency GP 36 months, JM-JP Pump 30 months, Stainless Steel and 56C 12 months) from the date of shipment to customer from the Toolmex Corporation warehouse or, if applicable, any consigned inventory or district warehouse. All warranty claims must be submitted to a Toolmex Electric Motor Group Service Center prior to expiration of the warranty period.
Warranty Service Center Locations: Warranty service is available for all Elektrim and Elektrimax motors from all Toolmex Authorized Service Centers. A list of service centers is available by contacting us 2015 S. Mitchell Blvd., Schaumburg, IL 60193.
Procedure to Receive Warranty Service: Customers should take or ship prepaid the Elektrim or Elektrimax motor requiring warranty service to a Toolmex Authorized Service Center. Please include an explanation of the defect or problem, a description of the way in which the motor is used, your name, address and phone number.
Repair by Other than a Toolmex Authorized Service Center: Customers who are unable to take or ship the Elektrim or Elektrimax motor to a Toolmex Authorized Service Center, or those who desire that there be made an alternative facility must contact Toolmex Corporation to receive a written authorization. Modifications or repairs performed to Elektrim or Elektrimax motors by non-authorized service providers will void the warranty.
Repairs or Replacement Within the Scope of the Warranty: If an Elektrim or Elektrimax motor is defective due to Elektrim or Elektrimax workmanship or materials and the defect occurs during the warranty period, Toolmex will either repair the product or replace it with a new one, whichever Toolmex believes to be appropriate under the circumstances. Toolmex will pay domestic freight on replacement motors. Toolmex is not responsible for removal and shipping of the Elektrim or Elektrimax motor to the service center, the reinstallation of the Elektrim or Elektrimax motor upon its return to the customer, or any incidental or consequential damages resulting from the defect, removal, reinstallation, shipment or otherwise.
Repairs Outside the Scope of Warranty: Problems with Elektrim or Elektrimax motors can be due to improper maintenance, faulty installation, non-Toolmex additions or modifications, or other problems not due to defects in Elektrim or Elektrimax workmanship or materials. If the Toolmex Authorized Service Center determines that the problem with an Elektrim or Elektrimax motor is not due to defects in workmanship or materials, then the customer will be responsible for the cost of any necessary repairs. Customers not satisfied with a determination that a problem is outside warranty coverage should contact Toolmex Corporation.
Intended Use: Elektrim & Elektrimax motors are designed for commercial and/or industrial use.
Product Specification: All motor specifications, applications and other information provided in Elektrim and/or Elektrimax catalogs and publications are subject to correction and change without notice and should be confirmed with the local Toolmex representative prior to ordering.
Extended Warranties: Extended warranties are available for Elektrim and Elektrimax motors. These warranties are created on an as needed basis. Extended warranties are subject to the terms and procedures of this Limited Warranty and Service Policy as modified by the additional terms of the extended warranty.
No Other Warranties and Liability Limitation: This Limited Warranty and Service Policy represents Toolmex Corporation's sole and exclusive warranty obligation with respect to Elektrim & Elektrimax motors. Toolmex's liability to a customer or any other person shall not exceed the Toolmex sales price of the applicable motor. TOOLMEX DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
Motor Authorized Service Center Policy
The requirements for becoming a Toolmex Electric Motor Group Authorized Center are as follows:
- The repair shop must be a member of EASA (any exceptions must be approved by Toolmex).
- The repair shop must subscribe to and implement EASA standards for testing and repair.
- The repair shop must abide by the Toolmex Authorized Service Center Policy procedures and fee schedule.
1. Write or call the Toolmex Corporation prior to performing work on our product.
2. Once clearance is given, inspect motor for failure due to workmanship or material defect.
3. Prepare standard EASA report on motor failure cause.
4. Forward report and motor nameplate to Toolmex for review (fax to expedite). Actual report and nameplate will need to be in our files at Toolmex Regional Headquarters located at 2015 S. Mitchell Blvd., Schaumburg, IL 60193.
5. Toolmex Corporation will make the determination as to repair or replace.
6. Toolmex Corporation reserves the right to supply all motor parts necessary for motor repair
Fee Schedule - Frame Inspection Fee Maximum:
- 140 frames $35.00
- 180 frames $40.00
- 210 frames $45.00
- 250 frames $50.00
- 280 frames $60.00
- 320 frames $65.00
- 360 frames $80.00
- 400 frames $100.00
- 440 frames $125.00
- 586/587 frames $150.00
Additional Terms and Conditions Related to Export of Toolmex Products
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS IN SECTION I, EXPORT SALES OF TOOLMEX PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF TOOLMEX PRODUCTS (“ADDITIONAL TERMS”). IN THE EVENT OF A CONFLICT BETWEEN TOOLMEX’S STANDARD TERMS AND CONDITIONS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL PREVAIL FOR EXPORT SALES OF TOOLMEX PRODUCTS.
Sales Tax and Duties, Import Fees
Toolmex is required to charge federal, state, local tax, applicable duties, and import fees on products, or you must provide a valid tax exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, customer shall indicate which products are tax exempt.
Payment and Credit Terms
Payment terms are net sixty (60) days from the date of shipment. All other payment terms are as set forth in paragraph I.A.4 of the STANDARD TERMS AND CONDITIONS. Customer agrees to inform Toolmex immediately if it intends to use any import or export financing, or has or will be granting a lien or security interest on its inventory to any third party.
Shipping Charges and Freight Policy
All Toolmex export orders are shipped under INCOTERMS® 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, default shipping terms are EX-WORKS Natick, MA or EX-WORKS Schaumburg, IL. Freight is prepaid to U.S. airport or port of exit for single shipment orders of U.S. $3,000 or more of motor products (before tax and freight) using routing of Toolmex's choice. Other shipments are freight collect from any Toolmex facility. Customer shall be responsible for obtaining insurance. At Toolmex's option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as customer's exclusive remedy. Title and risk of loss for products shall pass when made available to customer on delivery to carrier in the U.S.; provided that if payment has not been made at the time of shipment, Toolmex shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, customer’s only recourse is to file a claim with the applicable airline, carrier, vessel and/or insurance company; provided, however, that if Toolmex has not received payment in full at the time the product is damaged in transit, customer shall be liable to Toolmex to make payment for the product, and Toolmex shall also, if customer fails to make payment, have the exclusive right to file a claim with the applicable airline, carrier, vessel and/or insurance company.
Export Controls and Related Regulations
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
Foreign Principal Party in Interest; Freight Forwarder and Documentation
It is specifically agreed that customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At Toolmex's request, customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by customer or its freight forwarder related to sales to customer by Toolmex.
U.S. Foreign Corrupt Practices Act
Customer acknowledges that it is an independent contractor and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), a foreign political party or party official, or any candidate for foreign political office in connection with the purchase and resale of the products ordered from Toolmex.
Actions by Toolmex for non-payment by customer of the purchase price of products sold by Toolmex, or for redress of other breaches by customer of these terms and conditions, may be brought by Toolmex, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Toolmex's option, disputes between customer and Toolmex, including all claims for non-performance by Toolmex, shall be finally settled by arbitration in Massachusetts , U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Massachusetts, U.S. The language of the arbitration shall be English.
Country of Importation and Anti-diversion
Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the customer and Toolmex documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by customer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Toolmex, customer shall provide documentation satisfactory to Toolmex verifying delivery at the designated country. Customer further agrees to inform Toolmex at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Toolmex shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Toolmex expressly agrees to do so.
Permits, Export, and Import Licenses
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations. Toxic Substances Control Act, or other applicable laws or regulations.