Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TMS Production Integration. The collective work includes works that are licensed to TMS Production Integration. Copyright 2020, TMS Production Integration. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TMS Production Integration or purchasing TMS Production Integration products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TMS Production Integration or to purchase TMS Production Integration products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TMS Production Integration. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of TMS Production Integration used in the site are trademarks or registered trademarks of TMS Production Integration.
Products offered for sale on this site carry the Manufacturer’s Warranty. No other warranty is expressed or implied.
Limitation of Liability
TMS Production Integration shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TMS Production Integration has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a TMS Production Integration product is mistakenly listed at an incorrect price, TMS Production Integration reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TMS Production Integration reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TMS Production Integration shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TMS Production Integration without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
TMS Production Integration may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TMS Production Integration. By submitting any data or forms on this site you agree to receive marketing communications from TMS Production Integration. You may unsubscribe at any time. Your data will not be sold or shared with any third parties.
Your use of this site shall be governed in all respects by the laws of the state of Nebraska, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TMS Production Integration products) shall be in the state or federal courts located in Omaha, Nebraska. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TMS Production Integration products) must be commenced within one (1) year after the claim or cause of action arises. TMS Production Integration failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TMS Production Integration may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TMS Production Integration or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless TMS Production Integration, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, TMS Production Integration may link to sites operated by third parties. However, even if the third party is affiliated with TMS Production Integration, TMS Production Integration has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TMS Production Integration. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TMS Production Integration seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Shipping & Returns
Used Gear Sales Policy
Unless otherwise noted, all used items have been professionally maintained and tested to ensure they are in good working order, though there are signs of cosmetic wear and tear from use. While TMS Production Integration makes every effort to QC test our used gear, it is important to note that TMS Production Integration does not hold responsibility for further use and there is no warranty included or returns taken. All used gear is sold as-is. The purchaser will be responsible for any cost of maintenance or repairs should they be required after the sale date. All used items are subject to availability as they may be active in our rental inventory. Road cases for some items are available upon request at an extra cost.
Used Truss / Used Rigging Disclaimer
Truss and rigging gear is sold as is without any warranties or returns. Buyer is responsible for inspection, load rating, and safe use according to manufacturer specifications.
Used Gear Listing Photos
Items received may vary from photo, as we may have several available. Buyer can request photo(s) of the actual product if desired.
When you place an order, shipping and in-store pickup options will be displayed. Orders are shipped based upon item availability; Monday through Friday. Orders placed on weekends will not be shipped until following next business day if the item is readily available. We reserve the right to request a signature on delivery and/or proof of delivery with any order. We do not ship internationally. This shipping policy only reflects purchases made through this website. Custom, in-person, email, and phone orders do not qualify for any shipping promotions.
Used items do not qualify for any promotional shipping offers. Shipping is not included in the purchase price of any product. Buyer is responsible for all shipping, freight handling charges, and insurance. Please Note: If an item ships via freight service, please allow adequate lead time. For an estimate of shipping costs, contact our Shipping Department for shipping options.
We reserve the right to request a signature on delivery and/or proof of delivery with any order.
Returns – New Gear
If you are not satisfied with your purchase please email TMS Production Integration for a Return Merchandise Authorization (RMA) request within 14 days of receipt of the product. The product must be returned to TMS Production Integration within 7 calendar days of the issuance of the RMA. All products must be packed in the original packaging and must include all accessories and/or manuals. If the item is returned unopened in the original box, we will exchange it or offer you a full refund based on your original method of payment excluding any shipping charges. Items returned that do not meet the original packaging criteria are subject to a 25% restocking fee. Please note custom orders are not eligible for return or exchange.
How to request a refund/exchange (new gear only)
1. Contact [email protected] to make arrangements for a return and receive a Return Merchandise Authorization (RMA) number.
2. Pack your item(s) for return with the RMA number clearly displayed on the outer box and ship to the following address:
TMS Production Integration
Attn: Web Sales
7510 Burlington St.
Omaha, NE 68127
3. A refund will be processed with in 14 days of receipt of the product at TMS Production Integration.
NOTE: TMS Production Integration recommends that you use a carrier that offers shipment tracking for all returns and you either insure your package or declare the full value of the shipment so that you are protected if the shipment is lost or damaged. TMS Production Integration is not liable for loss or damage to products during shipping.