Last updated: Feb 11, 2025 12:29 AM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before placing an order with a representative or using the https://thermalflowtech.com/ website (the "Website") operated by Thermal Flow Technologies, a(n) Corporation formed in Missouri, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website, or place an order with a representative.

By accessing or using the Website or placing an order with a representative, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to place an order with a representative, access or use the Website.

Our offers and pricing

We offer goods on this Website. The price of these goods can be found listed on the Website, or provided by a representative in a formal estimate. Prices may not include federal, state, or local taxes, which shall in all events remain the responsibility of Buyer. Seller may, at its option, invoice Buyer for taxes at the time of invoicing the goods, or separately. Valid tax exemption certificates, as required by federal, state, or local regulations, must accompany all tax exempt orders.

Purchases

Payment is required at time of order, unless otherwise stated in writing by Thermal Flow Technologies. When you make a purchase with a representative or on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: PayPal and Heartland Payment Systems, Secure Submit. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the goods offered on our Website or via a representative. We offer cancellations only prior to shipment. You may cancel your order by emailing us at info@thermalflowtech.com, or calling us at 833-401-3569 x3. If you cancel your purchase after payment has been made via a credit card or PayPal, you will be charged a cancellation fee of 3%. We will not be able to issue you a full refund of the purchase price that you paid if you cancel your purchase because the payment processors will not reimburse us for the 3% fee they charge to process your payment as well as the additional 1% fee they charge us to refund your transaction.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will provide you with 3 days notice prior to cancelling your order.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

Some products are not returnable. Please review the product’s details listed on our website, or contact a representative to inquire.

In the event Buyer wishes to return a product/s that is eligible for return, Buyer must obtain a Return Authorization (R.A.) from Thermal Flow Technologies, and such items shall be returned to Thermal Flow Technologies within 14 days of initial receipt.

In the event of such return, Buyer is responsible for the arrangement and cost of the shipment back to Thermal Flow Technologies. All returns will incur a 20% restocking fee, & initial shipping costs (if applicable) are not refundable. Products must be returned unused in their original packaging, and will be assessed to determine if any damage, use, or alterations have been made to the product, and if any are found, Thermal Flow Technologies reserves the right to deny acceptance of the return.

If Buyer wishes to return a product due to a suspected defect that has not been confirmed by Thermal Flow Technologies (ie. Buyer claims product is “not working”), the buyer is responsible for the cost and arrangement of shipping the product/s back to Thermal Flow Technologies for evaluation. If the product is found to be free of defect and Buyer wishes to return the product/s, given the product is eligible for return, the 20% restocking fee will apply. Initial shipment costs (if applicable) are not refundable. If the product is found to be free of defect and Buyer wishes to receive the product back, the Buyer will be responsible for the shipping costs to return the product/s back to the Buyer. Please note that we do not offer refunds for any other reasons other than those listed above.

Shipping policy

All shipments are F.O.B. shipping point. When you purchase our goods, they will be shipped to you via a third party shipping provider (UPS, USPS, FedEx or LTL freight if goods are too heavy or large for ground shipping). The shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies. Please confirm your shipping details prior to placing an order. You are responsible and will be invoiced for additional shipping costs incurred due, but not limited to the following reasons: customer changing the delivery address, missing the delivery, and/or rescheduling the delivery, limited access fee, residential fee, liftgate fee, & reconsignment fee. Additionally, you are expected to inspect all items upon receipt and make sure that they are in proper working order and/or not damaged from shipping. If items are missing, damaged from shipping, or a defect is suspected, you are responsible for informing Thermal Flow Technologies upon receipt.

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process, or in a formal estimate or invoice provided by a representative.

Shipping lead & transit times are estimates only and subject to change due to a variety of reasons outside of Thermal Flow Technologies' control. While we work diligently with shipping carriers to facilitate a timely delivery, we cannot guarantee a specific date of delivery. If you have questions about your shipment, please call 833-401-3569 x 3.

DAMAGED OR LOST MERCHANDISE CLAIMS: Unfortunately, damage can occur during shipment. All cartons should be inspected for damage immediately upon receipt for external and/or concealed damage. Damage discovered upon inspection is the responsibility of the freight carrier. Seller is not responsible for any damages incurred during shipment; however, Seller will work with the carrier to resolve damage claims. Shipping damage is not warranted when Buyer utilizes their own shipping carrier (Buyer arranges shipping of product on their own accord). To expedite any potential claim, do not sign for any portion of the shipment until you have verified the carton count and completed a preliminary inspection for damage. DO NOT accept the delivery without first noting the details of the damage on the Proof of Delivery Receipt (POD) provided by the delivery driver. Retain a copy of the POD and contact Thermal Flow Technologies immediately. Keep both the shipping container, packing contents and product for inspection or pick-up by the carrier.

Advance payments

In rare circumstances, for example when ordering a custom or "specialty" item, we may ask you to provide an advance payment. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

Warranty on purchases

We offer the following warranties on purchases of goods:

This warranty shall apply for 1 years from the date of the purchase.

This warranty does not cover any defect, malfunction, etc. resulting from improper installation, operation, lack of maintenance, freezing, corrosion from chemicals, condensation, tampering, modification, unauthorized or improper repair, accident, acts of nature, shipping after you receive the equipment, or normal wear to items such as power cords, plug adaptors or other items which require replacement resulting from normal usage and may require replacement prior to 1 year based on usage. Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the goods listed within an estimate, invoice and/or displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

WAIVER OF LIABILITY: IN NO EVENT SHALL SELLER BEAR ANY LIABILITY FOR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS.

FORCE MAJEURE: Seller’s failure of or delay in performance hereunder shall be excused in the event of any cause beyond its reasonable control, including without limitation, governmental acts, strikes, civil disturbance, war, acts of terrorism, accidents, fires, floods, acts of God, Seller’s inability to procure materials from the usual sources, or shortages of materials, supplies, labor or fuel.

INDEMNIFICATION BY BUYER: Buyer shall indemnify and hold harmless Seller and its affiliates from and against any and all losses, damages (including legal fees and costs), claims, actions, suits or proceedings of any kind which may be brought against Seller arising out of or related to Buyer’s use of the equipment or Buyer’s breach of the representations, warranties and covenants set forth in these Terms and Conditions.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

Buyer’s sole and exclusive remedy for any claims regarding the equipment, including but not limited to the repair or replacement of the equipment or reimbursement of funds spent to repair or replace the same, sold by Seller is the manufacturer’s warranty, applicable and enforceable against the manufacturer only. In no event shall Seller be liable for any repair or replacement cost of the equipment. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Thermal Flow Technologies a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Thermal Flow Technologies or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Thermal Flow Technologies be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Thermal Flow Technologies has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Thermal Flow Technologies IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Thermal Flow Technologies WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Thermal Flow Technologies IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Thermal Flow Technologies. The aggregate liability of Thermal Flow Technologies arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Thermal Flow Technologies from you.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2015 - 2025 Thermal Flow Technologies or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Thermal Flow Technologies and are either registered trademarks, trademarks or otherwise protected intellectual property of Thermal Flow Technologies or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Thermal Flow Technologies at info@thermalflowtech.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Thermal Flow Technologies
Thermal Flow Technologies
info@thermalflowtech.com
833-401-3569
69 Progress Ct.
Moscow Mills, MO 63362
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Missouri, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Lincoln County, Missouri.

You and Thermal Flow Technologies agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at info@thermalflowtech.com.