Resources
Acceptance of Terms
By accessing this website and/or purchasing products from Monster Tool Company, you agree that you have read, understand and agree to be bound by all of the provisions set forth herein and below (collectively, the “Terms and Conditions”), all of which constitute an agreement between you and Monster Tool Company. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any other of the Terms and Conditions. The terms and conditions on any proposal, quotation, order acknowledgement, invoice or other form you receive from Monster Tool Company are incorporated under these Terms and Conditions. These Terms and Conditions constitute the exclusive agreement between you and Monster Tool Company, except as otherwise agreed by a mutually signed document. Our failure to assert a right or insist upon compliance with any term and condition shall not constitute a waiver of that right or justify any subsequent noncompliance. Monster Tool Company reserves the right to change these terms and conditions by posting a revision on our website or by mailing, faxing or emailing said notification.
Distributor Discount
See current price supplemental for list pricing and please contact us for discount schedule, terms & conditions.
Terms of Order
All orders are shipped with Net 30 day terms (delinquent at 45 days). No shipment to delinquent accounts. Any account paid after 30 days may become COD on future orders. All orders are subject to credit approval. In the event any legal action or proceeding is brought by any party under this Agreement, the prevailing party shall be entitled to recover the reasonable fees of its attorneys and any costs incurred in such action or proceeding, including costs of appeal, if any, in such amount that the court or administrative body having jurisdiction over such action or proceeding may award.
Ordering Information
All items in the Monster Tool Company catalog carry unique item numbers. Using these numbers will keep ordering errors to a minimum and assure that you will receive exactly what you order. Orders will be accepted by phone, fax, EDI, and email. All orders under $50 will be subject to a $7.50 processing fee.
Drop Shipping
All drop ship orders must be faxed or emailed to Monster Tool Company. Monster Tool Company will not assume responsibility for any incorrect shipping information. Monster Tool Company will assess a $20 fee to any drop ship order that is either returned or re-routed by the shipping company. Failure to provide proper and complete information that results in any additional shipping penalties or fees from UPS will be billed to the distributor.
Shipping / Freight Collect – Discrepancies / Late or Lost Delivery
Same day shipping is available for stocked items ordered before 3:30pm Pacific Time Monday through Friday. UPS is the preferred method of shipping for same day shipping. FEDEX or USPS could be delayed up to one business day from date of order. We accept freight collect numbers or can prepay and add the freight charges to any order. Any freight collect charges that are noncollectable by UPS, or any penalties or fees incurred for errant billing information or wrong address that are re-billed to Monster Tool Company will be billed back to customer issuing the purchase order. In the event that the freight carrier does not deliver your order on time or loses the order, Monster Tool Company will file a claim on your behalf. Claims can take up to 30 days to be processed and refunded by the freight carrier, which is at their full discretion. Monster Tool cannot be held accountable for any late or lost orders. All prepay and add freight services are billed with insurance for this reason and any freight collect accounts assume full responsibility at the time a tracking number is issued by freight carrier. Any lost package that was insured by Monster Tool through our prepay and add freight services will be immediately replaced. Claims for shortages must be made within 3 days of receipt of tools.
UPS Expedited Freight Program
Monster Tool offers a prepaid freight program for faster delivery and cost savings to our customers. We offer the following freight programs for your consideration:
- UPS Red (Next Day Air) service billed at UPS Blue (2-day) published rates.
- UPS Blue (2-day) service billed at UPS Ground published rates.
- Free UPS Ground freight on orders over $1000
Product Warranty
Monster Tool Company assures that all products sold shall be free from manufacturing and material defects. Monster Tool Company will repair, replace, or issue credit on any product that does not conform with this warranty. Any product that has been altered, used, marked or damaged voids this warranty. This warranty is in lieu of all other warranties, expressed or implied including any warranty of merchantability or fitness for a particular purpose and is also in lieu of all other obligations or liabilities, including any obligation or liability arising from contract, or otherwise for damages whether direct, indirect or consequential. There are no other warranties except the warranty against defects in material and workmanship set forth above, and we neither assume nor authorize any other person or firm to assume for it any other obligation or liability in connection with our products.
Product Return Policy
Prior to acceptance of any returned products, a Returned Authorization (RA) number must be issued from our Returns Department by calling 888-227-2433 or emailing returns@monstertool.com. A list of returned products accompanied with purchase order numbers is required for review and approval prior to issuance of a RA. Only current EDP numbers are considered for return, any discontinued products are non-returnable. All specials, modified tooling, or altered tools cannot be returned for credit unless tools were manufactured incorrectly per the customer’s specifications provided. Only tools purchased within 6 months from date of order will be eligible for return. Returned products for credit will be valued at purchase price regardless of current price. All returned products must pass Quality Assurance inspection, be undamaged, unaltered, unused, resalable, manufactured according to current tooling specifications, and in original packaging. No credit will be issued if tools do not pass QA inspection or meet the aforementioned criteria. All products must be received within 21-days of RA issuance. A restocking charge of 20% will apply or an offsetting order of two times (200%) the value of the returned product will apply to all products returned for any reason other than a manufacturer error or defect. Freight charges will be assumed by the customer unless the return is due to manufacturer error or defect. The RA number must be clearly visible on the outside of the box and on the enclosed packing list. Any items shipped and not approved for return will either be returned to the customer or scrapped at the customer’s expense. Please return product with approved RA number to:
Monster Tool Company
2470 Ash Street
Bay #2
Vista, CA 92081
Monster Tool Blanket Order Policy
Blanket orders are extremely beneficial for high volume consumers of cutting tools. This order option enables all parties to maximize their logistical planning increasing efficiencies, price security and cost savings for all parties. All blanket orders must be taken within the agreed upon term not to exceed 12-months from date of order. Blanket order releases can be released on a scheduled timely basis or released as needed. No cancellations or returns will be allowed on blanket orders regardless if the products sold are standard catalog items or specials.
Technical Assistance
Any technical assistance or application suggestions made by Monster Tool Company personnel or website tech data information and online calculators are only to assist the customer and in all cases use of such information is solely the customer’s responsibility.
Safety Precautions when using Cutting Tools
Monster Tool Company is committed to manufacturing products that can be used safely as directed under recommended machining parameters. Cutting tools can break or shatter when in use due to the extreme forces of the machining environment. Cutting tools will generate chips while engaged in the work piece and can produce dust, swarf, gases and potentially sparks or fire. Caution and safety must be taken into account at all times to include the use of protective eye wear, machine safety guard barriers, proper ventilation, quick access to fire suppression equipment and other safeguards. In no way shall Monster Tool Company be held accountable or liable for any costs, machine down time, injuries, or deaths resulting from cutting tool breakage or emissions.
Limitation of Liability
Under no circumstance shall Monster tool Company be held liable in contract, warranty, tort or otherwise for any special, exemplary, incidental or consequential damages that result from your purchase or use of any Monster Tool Company products. In no event shall our liability exceed the purchase price of the products from Monster Tool Company. It is the customer’s responsibility to inspect all products to determine if they are suitable and per specification required by the end user.
Global Trade Compliance
For the purpose of these terms and conditions of sale (this “Agreement”):
“Global Trade Laws and Regulations” means customs, import, export, re-export, trade control and economic or financial sanctions laws, regulations and orders, always including such laws, regulations and orders of the UN, US, EU and UK, but also, as applicable, such laws, regulations and orders of any country in which the Products are manufactured, received, used, exported from, imported to, or as otherwise applicable;
“Prohibited Countries” means Afghanistan, Belarus, Iran, North Korea, Russia, Syria, Crimea and non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts of Ukraine. Seller reserves the right to amend the list of Prohibited Countries by written notice to Buyer; and
“Listed Person” means any person or entity, specially designated, blocked or otherwise individually listed or targeted under Global Trade Laws and Regulations.
(a) Buyer represents and warrants that:
1.none of Buyer, its affiliates, or any of their respective officers or directors, is a Listed Person, or is owned to 50 % or more, directly or indirectly, individually or in the aggregate, or is otherwise controlled by one or more, Listed Person(s);
2.Buyer has not engaged in, is not engaging in, and will not engage in any business involving a Listed Person, or any entity owned to 50% or more, directly or indirectly, individually or in the aggregate, or otherwise controlled by one or more, Listed Person(s); and
iii. Buyer has not engaged in, is not engaging in, and will not engage in any transaction that circumvents, evades, or avoids, or has the purpose or effect of circumventing, evading, or avoiding, or attempts to violate, any Global Trade Laws and Regulations.
(b) Buyer hereby agrees to observe and comply fully with all Global Trade Laws and Regulations. Buyer agrees that no Products provided by Seller shall be, directly or indirectly, sold, exported, re-exported, transferred, retransferred or otherwise released or disposed to any person or entity, legal or natural, in breach of Global Trade Laws and Regulations. Buyer shall not take any actions in furtherance of this Agreement that would cause Seller to violate any Global Trade Laws and Regulations to which Seller is subject.
(c) Without limitation to the generality of the foregoing, Buyer shall not, directly or indirectly, sell, export, re-export, transfer, retransfer or otherwise release or dispose any Products:
1.without securing all licenses and/or authorizations necessary under the Global Trade Laws and Regulations from the relevant governmental authority;
2.to, or for the benefit of, a Listed Person;
iii. to, via, or otherwise for use in, Prohibited Countries;
1.for any purpose connected with chemical, biological or nuclear weapons, or missiles capable of delivering such weapons, or for any nuclear explosive or unsafeguarded nuclear fuel cycle activity; or
2.for military end-use or to a military end-user, including military intelligence end-uses and end-users, without obtaining Seller’s prior written approval.
(d) Buyer shall impose the obligations above in this Section in all subsequent transactions involving the Products.
(e) Buyer agrees to, as promptly as possible and in any event within five (5) business days, notify Seller in writing of actual or suspected breaches of any of the obligations above in this Section and shall to the best of its abilities, cooperate with Seller to facilitate compliance with Global Trade Laws and Regulations and will upon request, provide Seller with copies of all documentation relating to any business dealings involving the Products, including but not limited to, end-user certifications. Further, Buyer shall provide all information relating to requests for any Products, that Buyer suspects could violate or circumvent Global Trade Laws and Regulations, or where the provision of Products would breach Buyer’s commitments under the obligations above in this Section, including requests from or on behalf of a Listed Person or attempts to acquire any Products in violation of Global Trade Laws and Regulations.
(f) If Buyer, in whole or in part, breaches any of the obligations above in this Section or (to the furthest extent permissible under applicable law) in Seller’s reasonable opinion any such breach is likely to occur, the Parties agree that: (i) Seller shall be under no obligation to fulfill outstanding payments, deliveries, orders or alike; (ii) Seller shall not be liable toward Buyer or any third party for any subsequent non-performance by Seller under this Agreement; and (iii) that Buyer shall indemnify and hold Seller harmless from any claims or losses relating to such non-performance. Any failure by Buyer to comply, in whole or in part, with this Section, is to be considered a breach of this Agreement which will entitle Seller to terminate the Agreement with immediate effect. Further, Seller is entitled to terminate the Agreement with immediate effect upon written notice if either Party’s ability to fulfill an obligation under this Agreement is materially affected by the imposition of restrictions in Global Trade Laws and Regulations.
Revisions to Marketing Avenues
Monster Tool Company reserves the right to revise listings and specifications in our catalog and website without notice. Monster Tool Company is not responsible for any typographical errors. Please verify the current data at the time of your order.
Copyright Protection & Trademarks
All content on our www.monstertool.com website and catalogs to include product images, logos, text, graphics, videos, and digital downloads are the exclusive property of Monster Tool Company and protected by the United States and International copyright laws. Our logos and trademarks may not be used in connection with any product or service that is not owned by Monster Tool Company in any manner that constitutes confusion, defamation, or disparagement. All other trademarks not owned by Monster Tool Company that appear our on website or catalogs are the property of their respective owners.
