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Terms & Conditions

Titanium Dynamics Terms and Conditions

This website is operated by Titanium Dynamics (hereafter referred to as "Titanium Dynamics," "we," or "us"). The user of this website (hereafter referred to as "you") acknowledges that any use of this website, including transactions and communication, is subject to the following terms and conditions of use.

Product is defined as any and all advertised, offered, purchased, or unpurchased stock for sale on this website. Force Majeure is defined as any event that prevents a segment of the contract from being performed or enforced due to causes outside the control of either party. These events cannot be avoided through the exercise of due care and include, but are not limited to, natural disasters, the dissolution, merging, or closure of a manufacturer, port closures, labor strikes, outsourcing by manufacturers, local, state, and regional fuel price fluctuations, or manufacturer price increases.

GENERAL

Changes to Terms and Conditions

We reserve the right to change these terms and conditions at any time. Any changes to the terms and conditions are effective immediately upon posting the updated terms to the live version of this website. You are responsible for remaining compliant with all posted terms and conditions. Your continued use of the website constitutes your full agreement to the updated terms and conditions.

If you are not a consumer, you, the user, warrant and agree that you have full or partial authority to bind and conduct business on behalf of those for whom you are using this website.

ORDER PROCEDURES

The "confirmation" page displayed after submitting an order will provide an itemized list of your order details, including the item name, SKU number, quantities, price per unit, and total payment due, including shipping charges. An automatically generated email will also be sent to the email address you provided, reiterating the order details, including item numbers, quantities, price per unit, and the total amount due, inclusive of shipping charges. Please note that neither the confirmation page nor the automated email constitutes acceptance of your order by Titanium Dynamics.

The contract between you and Titanium Dynamics will be considered, accepted, and fulfilled once the ordered products are dispatched to you, unless we notify you that we do not accept your order or if you cancel the order prior to shipment.

By submitting your order, you agree to pay all applicable charges, including sales and use taxes and shipping fees, at the time your order is accepted and dispatched.

Please print or save a copy of your order confirmation page and the confirmation email, including the confirmation number, for future reference and record-keeping. Any specific order inquiries or changes must be made after submission by contacting us directly.

If you are not a consumer, purchase orders may be submitted through an agreed-upon method, including but not limited to in-person, by phone, via email, or through other electronic submission forms.

DELIVERY

All shipments of products are F.O.B. (Free on Board) Lansdale, PA, United States. Shipping charges are approximate and subject to change. Purchases made within the state of Pennsylvania are subject to state sales tax. Unless otherwise specified, all orders are shipped via ground freight.

If you are not a consumer, shipping charges are prepaid, and the corresponding shipping fees will be added to the invoice. International shipments may be subject to additional customs fees or import taxes.

We reserve the right to select the appropriate freight carriers based on the size and weight of your order, unless you specify a preferred carrier.

Any shortages (based on carton count) or damage to products must be noted on the freight bill at the time of delivery for credit or an allowance to be considered.

Acceptance of delivery will be considered final if no discrepancies in quantity or damage are reported to us within 30 calendar days from the delivery date.

Title to any products ordered from this website will transfer to you upon delivery of the goods, provided that we have received full payment for the dispatched products. Delivery charges will be added to your order at checkout.

RETURNS

All returns to Titanium Dynamics must be accompanied by a Return Merchandise Authorization (RMA) form, which must be obtained in advance from us.

Returns should be sent to Titanium Dynamics' headquarters facility, prepaid. Any returns that do not comply with our return terms and conditions will be refused.

Products may be returned by the original purchaser within 30 days from the date of purchase for a credit, provided the item is returned in its original, unaltered condition. To initiate a return, the customer must call to obtain an RMA number prior to sending the product back. The return freight must be prepaid via FedEx or UPS, with a tracking number. The RMA number must be clearly displayed both on and inside the return package. Once the returned item is received and inspected, a credit will be issued. After 30 days, returns will not be accepted unless there is a defect or error with the product. Custom-made or personalized items are not eligible for return unless they are defective or incorrect.

Any products that have been altered, modified, or damaged will not be accepted for return, nor will the damaged items be returned to the customer unless a prepaid return label is provided by the customer.

PAYMENT

Payment will be processed at the time your order is received. Credit card, payment method, and purchase order details will be verified against available stock. Payment for goods is contingent on stock availability. In the event we are unable to fulfill your entire order due to insufficient stock (referred to as a “backorder”), a full or partial refund will be issued upon request. Titanium Dynamics will make every reasonable effort to notify you if any products are on backorder, and we will make reasonable attempts to fulfill backorders as quickly as possible or provide a full or partial refund on affected orders or purchase orders.

All posted prices and shipping charges will be kept up to date by Titanium Dynamics. We will make every effort to ensure prices are fair and competitive. By continuing to use this website, you agree to pay the posted prices and shipping charges. We reserve the right to modify these prices at any time, with or without prior notice, as necessary for conducting business. Price changes may occur due to, but are not limited to, increases in freight costs, increases in the market value of manufactured goods, or changes in manufacturing processes that result in higher prices.

PERSONALLY IDENTIFIABLE INFORMATION

Personally Identifiable Information (PII) is defined as any information used to contact or locate you. Any data linked to Personally Identifiable Information is also considered PII.

When you place an order on this website, we require Personally Identifiable Information related to billing and shipping details, usernames and passwords (if applicable), as well as legal names as they appear on all payment methods. This includes, but is not limited to, credit card numbers, expiration dates, three-digit security codes, and billing and shipping addresses (“billing information” and “shipping information”).

For security reasons, Titanium Dynamics does not store or retain credit card or full billing information in our database. Billing and credit card details must be entered at the time of purchase. However, to enhance our service, we may retain shipping information, names, phone numbers, usernames and passwords (if applicable), and email addresses to issue invoices, follow up on orders and payments, and expedite future transactions.

We may request voluntary Personally Identifiable Information such as your email address if you opt-in to receive marketing communications, including but not limited to, content marketing, contests, sales, promotions, newsletters, or other marketing materials via this website or its associated social media platforms.

Providing this information is entirely voluntary. You may browse informational sections of the website without submitting any Personally Identifiable Information; however, you must provide the required information to complete purchases.

We also collect Anonymous Information, which includes non-personally identifiable data such as browser type and version, IP address, computer name, referrer URLs, and other log data. This may also include page visit counts and other general usage statistics. Collection of this data is automatic and requires no action on your part. Anonymous Information helps us analyze site usage trends, improve site functionality, and identify technical issues. We may use third-party analytics services, such as Google Analytics, which do not collect or store Personally Identifiable Information nor associate data with individual users.

Our website uses cookies to enhance your experience. Cookies are small files temporarily stored in your browser that help retain information during your session. This enables the shopping cart to remember items, dates, quantities, and other entered data, even if your session is interrupted or you log out and back in. You may also opt to allow Titanium Dynamics to remember your email address, username, and password during sign-up to expedite future logins and purchases. Use of cookies for purchases is required, and your continued use of the website for transactions constitutes your consent to cookie placement.

Titanium Dynamics uses advertising space that also employs cookies to track impressions (how many times an ad is displayed), clicks, and conversions (whether a purchase was made after clicking an ad). We do not use cookies or other tracking files to collect Personally Identifiable Information. Your use of this website to make purchases signifies your acceptance of cookie use.

INTELLECTUAL PROPERTY

You acknowledge and agree that the material and content on this website are made available solely for your personal, non-commercial use. You may download such content and material only for the purpose of using this website. Any other use of the content and material on this site, for any purpose other than your personal use, is prohibited. You agree not to (and not to assist any third party to) reproduce, copy, transmit, publish, display, distribute, commercially exploit, or create derivative works based on such material and content.

You agree that the content on this website is copyrighted by Titanium Dynamics, a Pennsylvania-based company, and you do not claim ownership or other rights to the intellectual property of this website.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as outlined in the Digital Millennium Copyright Act of 1998 (DMCA). To ensure that your complaint is valid under the DMCA, you must provide the following information in your notice of alleged copyright infringement:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing or the subject of the infringing activity, and a request to remove it;

Information sufficient to allow us to contact the complaining party, such as a physical address, telephone number, and email address (if available);

A statement that the complaining party "in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";

A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

DMCA NOTIFICATION

The information outlined above must be submitted in writing, via fax, or by email to the following Designated Agent:

Attn: Legal Department
Titanium Dynamics
200 W. 5th St., Suite 103
Lansdale, PA 19446, USA

PLEASE NOTE: Under federal law, if you knowingly misrepresent that material on this website is infringing, you may be subject to substantial civil penalties. These can include monetary damages, court costs, and attorney’s fees incurred by us, any copyright owner, or any copyright owner’s licensee who is harmed as a result of us relying on your misrepresentation. Additionally, you may be subject to criminal prosecution for perjury.

This information is not intended as legal advice. For further details on the information required for a valid DMCA notification, please refer to 17 U.S.C. 512(c)(3).

WARRANTIES

All products are warranted by their respective manufacturers to be free from defects in materials and workmanship prior to sale. Titanium Dynamics does not provide any additional warranties for the products. Any alterations made to the product, improper use as specified by us, or any incident arising from force majeure will void the warranty. Warranty terms and conditions may vary by product. It is our responsibility to inform you of the warranty terms, and we will provide you with all necessary processes and information regarding end-user warranty fulfillment and product warranty terms.

Warranty coverage is limited, and the manufacturer will determine whether replacement, repair, or credit is applicable. The manufacturer's decision is final. Please note that no claims will be accepted for labor or installation costs associated with warranty claims. Any non-compliance with end-user warranty fulfillment guidelines will void the product warranty. All warranty claims must be accompanied by the original receipt or invoice for processing at the manufacturer's discretion.

You agree that you have conducted your own research prior to purchasing any products from this website and are relying upon your own investigation. Except for the express warranties outlined in this Agreement, Titanium Dynamics disclaims all other warranties, both express and implied. All products are sold "as is" except where specific warranties are explicitly provided.

LIABILITY AND INDEMNITY

Governing Law and Jurisdiction
This website and these terms are governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws principles. Both parties agree to submit to the personal jurisdiction of the courts located in Pennsylvania for any disputes arising under or related to this agreement or the use of the website. Both parties further agree to waive any objections to personal jurisdiction in Pennsylvania to the fullest extent allowed by law. Venue for any dispute under this agreement shall be exclusively in the state or federal courts located in Lansdale, Pennsylvania.

Indemnity
You agree to indemnify, defend, and hold us harmless from any and all damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, court costs, and disbursements) arising from the resale or use of any purchased product. Additionally, you shall indemnify, defend, and hold us harmless from any representations or warranties made by you to a customer or end user that:

(a) Exceeds the scope of the representations or warranties made by us to you as outlined in the Warranty section of this Agreement;

(b) Contradicts the documentation or information provided to you by us regarding the specifications, performance, and intended use of the products, provided that we have given you written notice and reasonable cooperation, information, and assistance in connection with the claim.

Website Accuracy and Liability
While we make reasonable efforts to verify the accuracy of the information on this website, we make no representations or warranties of any kind, either express or implied, statutory or otherwise, regarding the content or availability of the website. We do not guarantee that updates to the website will be timely or error-free, that defects will be corrected, or that the site and the server that makes it available are free of viruses or bugs. We do not represent or guarantee the full functionality, accuracy, or reliability of the website. We accept no liability for any loss or damage resulting from actions taken in reliance on materials or information contained on the website.

Disclaimer of Warranties
EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

(a) The services and materials will meet your requirements;

(b) The services and materials will be uninterrupted, timely, secure, or error-free;

(d) The quality of any products, services, or information purchased or obtained by you from the site will meet your expectations or be free from errors, defects, or mistakes.

Errors and Updates
This site may contain technical inaccuracies, typographical errors, or other mistakes. We reserve the right to make changes to the materials and services on this site, including product prices and descriptions, at any time without notice. The materials or services on this site may be outdated, and we do not commit to updating such materials or services.

Risk of Use
Your use of the services or the downloading or other acquisition of any materials through this site is done at your own risk. You agree to assume full responsibility for any damage to your computer system or loss of data that results from such activities.

Limitation of Liability
Notwithstanding the foregoing, Titanium Dynamics’ total liability for any loss or damage shall be limited to an amount equal to the amount paid or payable by you for the specific product(s) involved in the incident or series of incidents related to the claim.

Security of Payment Information
We take all reasonable precautions to keep the details of your order and payment secure. However, unless we are negligent, we cannot be held responsible for any losses caused by unauthorized access to the information you provide.

MISCELLANEOUS

Use of Products
The products available through our website are sold to you for personal use only. If you intend to use the products for business purposes, please ensure you have appropriate insurance coverage. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question. We do not accept liability for any loss beyond the cost of the item in the event of a claim for breach of condition related to business use.

Delivery Liability
We shall not be liable for any delay or failure to deliver the product(s).

External Links
To enhance your experience, our website may contain links to external websites. By choosing to visit these linked sites, you acknowledge and agree that we are not responsible for the availability, content, or practices of these external websites. This includes, but is not limited to:

(i) The privacy practices of such websites;

(ii) The content, including advertising, products, goods, or other materials or services available on or through these websites;

(iii) Any damage, loss, or offense caused or alleged to be caused by or in connection with the use of or reliance on such content or services.

Assignment by You
You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related product orders to any third party without prior written consent from Titanium Dynamics.

Assignment by Titanium Dynamics
Titanium Dynamics reserves the right to transfer, assign, or subcontract any or all of its rights or obligations under these terms and conditions or any related contracts to any third party.

Severability
If any part of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Third-Party Rights
These terms and conditions do not create or confer any rights or benefits enforceable by any person who is not a party to this agreement.

Waiver
No delay or failure by Titanium Dynamics to exercise any rights, powers, or remedies under these terms shall be construed as a waiver of those rights. A single or partial exercise of any such rights does not prevent further exercises of those rights. Any waiver must be in writing and signed by an authorized representative of Titanium Dynamics to be effective.

Entire Agreement
These terms and conditions, together with any documents or sources referenced herein, supersede all prior agreements, understandings, or representations between you and Titanium Dynamics relating to your use of this website and the ordering of products. They constitute the entire agreement between you and Titanium Dynamics.

Titanium Dynamics website is owned and operated by Titanium Dynamics.ium Dynamics.