*Considerations for Speed: The speed in which you can move is inverse to the amount of load you are pushing. The higher the speed, the lighter the load. Max speeds are at zero load used normally when returning the stop to the ready position for pushing the next load.
**The truth about accuracy: Your actual part accuracy will depend on a number of factors outside of TigerStop LLC’s control. This includes but is not limited to: condition and type of tooling speed of tooling, clamping options selected for the machine, material types, material straightness and internal tension of the material, feed speeds, temperature and moisture content of product being processed. All these factors will affect your quality and accuracy of finished parts. Also we have found that there are distinct differences in measuring devices used to validate dimensions of finish parts that can affect apparent accuracy. These factors will affect all tools regardless of manufacturer.
Warning: TigerStop, SawGear, TigerFence, TigerCrossCut, TigerRip Fence, Heavy Duty2, TigerTurbo and TigerRack are machine components intended for use in conjunction with other potentially dangerous machinery. The use of these components does not make that machinery safe. TigerStop, LLC’s products are not intended to substitute, in any manner, for safety requirements in general, or in conjunction with other safety features to make the machine as safe as possible and to ensure that it meets federal, state and local law with respect to safety and all other regulatory requirements. In addition, TigerStop, SawGear, TigerStop Heavy Duty 2, and TigerTurbo are machine components that should only be operated by qualified persons trained in safe operating procedures. Illustrations of TigerStop, SawgGear, TigerStop Heavy Duty2 and TigerTurbo components in use do not show, and are not intended to show, safety features necessary to make the machinery safe to operate.
Terms & Conditions of Purchase and Sale
By submitting a Purchase Order for the purchase of TigerStop, LLC/Precision Automation, Inc. products, Buyer acknowledges and agrees to comply with and be bound by the following terms and conditions.
All products and services offered for sale by TigerStop, LLC/Precision Automation, Inc. (“Seller”) are sold subject to the terms and conditions stated herein. These terms and conditions shall apply to the sale of the products and/or services described in the Seller’s Quoter, Order Acknowledgment, Invoice, or other contract documentation to which these terms and conditions are attached or incorporated by reference. Except as expressly agreed by an authorized representative of Seller in writing, no other terms and conditions, including any terms and conditions attached to, or contained within, Buyer’s request for quotation, acknowledgment, purchase order or other contract documentation shall apply. Buyer’s acceptance of the products or services delivered by Seller shall constitute an affirmation by Buyer that the terms and conditions set forth herein govern the purchase and sale of the goods or services. The terms of this contract shall supersede any additional, different or conflicting terms proposed by Buyer or contained on Buyer’s purchase order or any document or instrument submitted by Buyer.
Prices, Taxes, Payment and Terms
All prices are firm unless otherwise agreed to in writing. Seller reserves the right to change the prices and specifications of its products at any time without notice. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced. In the event Seller is required to prepay any such tax, Buyer will reimburse Seller. All sales shall be 100% prepaid unless Buyer has credit terms with Seller. An interest charge equal to 1 1/2% per month (18% per year) will be added to invoices outstanding beyond thirty (30) days after shipment. In addition, Seller reserves the right to require pre-paid payment terms from any Buyer whose account is overdue or who has unsatisfactory credit. Seller may also refuse to sell to any person until overdue accounts are paid in full.
Delivery and Shipment
Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but Seller accepts no liability for any losses or for general, special or consequential damages arising out of delays in delivery. All shipping and handling costs shall be paid by Buyer, and if prepaid by Seller, the amount thereof shall be reimbursed to Seller. All products are shipped Free Carrier (FCA) TigerStop, LLC, 12909 NE 95th Street, Vancouver, WA 98682, Prepay and Add (Incoterms 2010). Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer’s representative, or common carrier. The cost of any special packing or special handling caused by Buyer’s requirements or requests shall be added to the amount of the order. Notwithstanding the foregoing, title in and to all products shall remain in Seller until full payment is made by Buyer and received by Seller. Any claims for shortages and/or damage to delivered products must be made to the carrier in accordance with the carrier’s claims policy, but not more than thirty (30) days after delivery of the product to the carrier.
Systems and Integrations
Buyers of systems or integrations must be trained at Seller’s facility in Vancouver, Washington prior to shipment. Buyer is responsible for all travel and living expenses associated with training at Seller’s facility. Buyer agrees to sign off on the equipment certifying that the equipment meets their specifications prior to shipment. On-site installation and/or training at Buyer’s facility are not included unless otherwise specifically stated. However, Buyer must have systems or integrations installed by certified technician prior to Seller providing direct technical support.
On-Site Installation & Training
On-site installation and training are not included with any TigerStop, LLC/Precision Automation, Inc. machine, system or integration unless otherwise specifically stated.
If on-site installation or training is specifically stated, this does not include network or IT installation, training or setup.
It is the Buyer’s sole responsibility to determine power and other facility requirements, to have work area fully prepared and machine available during normal business hours. If these conditions are not met, then any additional time for installation or training will be billed at additional Buyer’s expense.
All TigerStop Saw Systems (including the TigerSaw 1000, the TigerSaw 2000, the TigerRip 1000, the TigerAngle, the TigerSaw Miter, the TigerSaw Ferrous, and all other fully automatic saw systems manufactured by TigerStop LLC) and AIK2 products must be installed/integrated/updated/serviced by a TigerStop Certified Technician and in accordance with the then-current installation or other requirements and the TigerStop Installation Checklist for that product (the “Installation Checklist”). Attached as Exhibit A are the requirements for certification by TigerStop.
After Sale Support
If Buyer’s account is past due, all direct support from Seller will be suspended.
Seller provides telephone and email support during TigerStop, LLC/Precision Automation, Inc. normal business hours: Monday – Friday 6:00 AM – 4:00 PM Pacific Time. Support provided outside of these hours may be available on a case-by-case basis at an additional cost.
Software support is only provided by the Seller for TigerStop, LLC/Precision Automation, Inc. proprietary software purchased from TigerStop, LLC/Precision Automation, Inc. and after certified training has been provided.
Inspection and Acceptance
All products delivered shall be examined by Buyer promptly upon receipt. Buyer shall be deemed to have accepted the products unless a valid written notice of rejection, due to defect in the goods or non-conformance to the order, is received by Seller within ten (10) days of Buyer’s receipt of goods. No such claims made after such period shall be considered by Seller.
Buyer must obtain a return goods authorization (“RGA”) from Seller before returning any product eligible for return. No return of eligible products will be accepted by Seller without a RGA, which will be issued at Seller’s sole discretion. Special order products may not be returned for any reason if non-defective. All authorized returned products must be unused and resalable, in factory-original shipping cartons and must be complete with all packing materials. If returned products are claimed to be defective, Buyer must notify Seller of the nature of the defect prior to returning the product. All items not eligible for return will be returned to Buyer, transportation costs collect. Product returned to Seller by Buyer for no fault of Seller may be subject to a restocking/handling fee.
Limited Warranty & Limitations of Liability & Damages
Each TigerStop, LLC/Precision Automation, Inc. product is warranted against defects in material and workmanship for a period of twelve (12) months from the date the product is enabled or the equivalent of 2080 hours of production use, whichever shall first occur. In the event that a product is not enabled within thirty six (36) months from shipment date the warranty shall lapse. If a product is enabled before thirty six months (36) and after thirty (30) months, the warranty shall be in effect until thirty six (36) months from shipment date. Seller’s liability under this warranty shall be limited to repairing or replacing, at the discretion of Seller, defective parts or components. Consumables, such as wear on painted surfaces, window finish and condition, light bulbs, seals, chip removal system, etc. are not covered. Seller-specified maintenance procedures must be adhered to and recorded in order to maintain this warranty. The warranty is voided if the machine is subjected to mishandling, misuse, neglect, accident, improper installation, poor or improper power conditions, improper maintenance, or improper operation or application, or if the machine was improperly repaired or serviced by the customer or by an unauthorized service technician. Seller-specified installation and maintenance procedures must be adhered to and recorded in order to maintain this warranty. Shipping damage and non-functional cosmetic damage are non-warrantable.
TigerStop, LLC/Precision Automation, Inc. saw systems (limited to TigerSaw1000, TigerSaw2000, TigerSaw Miter, TigerSaw Ferrous, TigerRip 1000, TigerAngle, and all other fully or semi-automatic saw systems manufactured by TigerStop LLC) are warranted for on-site labor during the warranty period. Buyer is responsible for all travel and living expenses associated with on-site labor. Only Seller may authorize and schedule any on-site labor.
With the exception of the foregoing warranty, SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT OR ITS COMPONENTS AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. Warranty is non-transferrable from the original registered owner to any other party. Optionally purchased one (1) year extended warranties are available and shall be subject to the same terms of duration as original warranty. Seller’s liability under this agreement shall be limited to repairing or replacing, at the discretion of Seller, parts or components.
All spare part(s) are warranted for thirty (30) days from invoice date. For all non-warranty spare part(s), items will be invoiced in full at time of order and require full payment prior to shipment. All warranty spare part(s) will be invoiced in full at time of order and secured with buyer’s authorized credit card. Payment will not be charged to buyer’s credit card immediately. If warranty part(s) are not returned within thirty (30) days from invoice date, the buyer’s authorized credit card will be processed for full invoice amount. Additionally, if warranty part(s) are returned and warranty is denied, the buyer’s authorized credit card will be processed for full invoice amount. All other warranty terms apply.
No action, regardless of form, arising out of the purchase of Seller’s product may be brought by Buyer more than one (1) year after the cause of action has accrued. Under no circumstances, and in no event, will Seller be liable for personal injury or property damage or any other loss, damage, cost of repairs or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the products sold by Seller. Buyer hereby acknowledges and agrees that under no circumstances, and in no event, shall Seller’s liability, if any, exceed the net sales price of the defective product(s); no additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same. Except as expressly set forth in this paragraph, peripherals and tools, including, but not limited to, power saws, computers, printers, communication devices, and touch screens integrated into TigerStop, LLC/Precision Automation, Inc. products are not warranted by Seller and are covered solely by the original equipment manufacturer’s warranty. TigerStop, LLC/Precision Automation, Inc. shall not be responsible or liable for the condition or any such integrated product or for the duration, or extent of any warranty on an integrated product. All questions and inquiries about integrated product warranties or repairs should be directed to the original equipment manufacturer.
Seller is not liable to Buyer or any customer of buyer for loss of profits, lost data, lost products, loss of revenue, loss of use, cost of downtime, business good will or any other incidental or consequential damage, wherein an action in contract or tort, arising out of or related to the machine or components.
Buyer agrees, to the fullest extent permitted by law, to pay all costs both direct and indirect that TigerStop, LLC may incur in the event that any action or lawsuit arises from use of TigerStop Products in violation of Buyer’s representations contained herein. This includes but is not limited to any loss, costs, damages or judgements, including costs and attorneys’ fees incurred to prepare and respond to any such suit or action.
In the event of sale or transfer of the TigerStop Product, Buyer agrees that they will remain liable for any suit or action that may arise out of the product’s use, regardless of title.
Buyer is warranting that installation of TigerStop Products will be done by a person trained in the safe design and installation of automation products, and in the safe operation of power equipment. In addition, buyer warrants that such installation will meet all legally required safety requirements and guidelines. Buyer further warrants that proper guarding and safety devices will be provided on all sides of the equipment to preclude unintended access during operation. Buyer further warrants that Buyer has consulted with and have followed the recommendations of a qualified safety engineer.
Buyer acknowledges that TigerStop Products are components intended for use in conjunction with potentially dangerous machinery. The use of TigerStop Products does not make other machinery safe. TigerStop Products are not intended to substitute, in any manner, for safe operating practices in general, or for safety features present in other machines designed to make those machines as safe as possible. TIGERSTOP PRODUCTS, IF USED OR INSTALLED IMPROPERLY, MAY CAUSE PERSONAL INJURY OR DEATH AND SHOULD ONLY BE OPERATED BY PERSONS TRAINED IN THEIR SAFE OPERATING PROCEDURES. Illustrations of TigerStop Products in use do not show, and are not intended to show, all safety features and practices necessary for their safe operation.
Buyer also acknowledges that TigerStop Products must be installed in accordance with all local, state, and federal regulations. Only properly trained personnel should install TigerStop Products onto other equipment to ensure a safe and proper work station. TigerStop Products should not be operated without proper training, both in the operation of TigerStop Products, and in the operation of related equipment.
Buyer agrees to indemnify and hold harmless Seller from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising from or related to (i) the purchase, use and/or distribution of products supplied by Seller in violation of the terms and conditions of this Agreement, (ii) the negligence or lack of due care by Buyer, Buyer’s customers, agents, employees or invitees, in whole or in part, in the use of Seller’s products or integrated products.
Buyer represents that it will not knowingly export, either directly or indirectly, any product or service to any country for which approval is required, without the prior written approval of the office of Export Administration of the U.S. Dept. of Commerce or any other applicable U.S. Government Agency.
Destination Control Statement
These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
These Terms and Conditions shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the State of Washington. Venue for any dispute shall be in Clark County, Washington.
Seller’s failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller.
Patent Rights & Used of Technical Information
Any specifications, drawings, reprints, technical information or data furnished by TigerStop, LLC/Precision Automation, Inc. or one of its suppliers shall remain property of TigerStop, LLC/Precision Automation, Inc. and shall be kept confidential and shall be returned to TigerStop, LLC/Precision Automation, Inc. upon request. Any exceptions must be approved by TigerStop, LLC/Precision Automation, Inc. in writing.
Neither Seller nor Buyer shall be liable for delays in performance dues to causes beyond the control and without the fault or negligence of the party whose performance is affected, including but not limited to acts of God, labor disputes or the government. Force majeure shall not relieve Buyer’s payment obligations.
Limit of Liability
All rights reserved. The information contained in the TigerStop, LLC/Precision Automation, Inc. manual has been validated and reviewed for accuracy. No patent liability is assumed with respect to the use of the information contained herein. While every precaution has been taken in the preparation of this manual, the manufacturer assumes no responsibility for errors or omissions.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Seller. TigerStop is a registered trademark of TigerStop, LLC/Precision Automation, Inc.
This document, together with the Software License Agreement and the Code Enabling Agreement, constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by Seller. All transactions shall be governed solely by the terms and conditions contained herein. In the event that any portion of these Terms & Conditions is deemed to be unlawful, it is agreed that all other parts shall remain in full force and effect. These Terms & Conditions cover all products produced, distributed or sold by TigerStop, LLC/Precision Automation, Inc.
Buyer must acknowledge receipt of this complete document titled, Terms & Conditions of Purchase and Sale, by signing below and sending the signed document to Seller or the referenced order will not be released for production or shipment.
EXHIBIT A TO TERMS AND CONDITIONS
TIGERSTOP TECHNICIAN CERTIFICATION REQUIREMENTS
TIGERSTOP SAW SYSTEMS AND AIK2 PRODUCTS
All TigerStop Saw Systems (including the TigerSaw 1000, the TigerSaw 2000, the TigerRip 1000, the TigerAngle, the TigerSaw Miter, the TigerSaw Ferrous, and all other fully automatic saw systems manufactured by TigerStop LLC) and AIK2 products must be installed/integrated/updated/serviced by a TigerStop Certified Technician and in accordance with the then-current installation or other requirements and TigerStop Installation Checklist for that product (the “Installation Checklist”). To become and remain a TigerStop Certified Technician, an individual must meet the following requirements:
- Attend and successfully complete, at the technician’s (or his employer’s) sole cost and expense, a TigerStop Technician Training class at TigerStop’s headquarters in Vancouver, Washington.
- At least annually thereafter, be re-certified according to TigerStop requirements, which may include attending and successfully completing, at the technician’s (or his employer’s) sole cost and expense, a technical training class conducted by a TigerStop employee in which updates and revisions to the TigerStop installation requirements and checklists are presented.
- In connection with each installation of a TigerStop product, follow the installation requirements and complete and return to TigerStop the applicable Installation Checklist for that product. In connection with the integration, upgrade or technical servicing of a TigerStop product, comply with all TigerStop requirements for such activities.
- Sign and return TigerStop Certified Technician Certificate.