Terms and Conditions of Sale

Who We Are

These Terms and Conditions govern the relationship between USA Measurements, Inc., doing business as Prime USA Scales ("Prime USA Scales," "Seller," "we," or "us") and the individual or organization purchasing products or services or using this website ("Customer" or "you"). USA Measurements, Inc. is a Nevada corporation located at 3915 W. Hacienda Avenue, Suite A117, Las Vegas, NV 89118.

Scope

These Terms apply to all use of the Prime USA Scales website (the "Site") and to all purchases of products, parts, accessories, services, installation, calibration, repair, and other related work ("Products" and "Services"), whether placed online, by telephone, by email, by purchase order, or by any other method.

Definitions

• Order — any accepted quote, purchase order, online checkout, or other authorized purchasing transaction.
• Products — equipment, parts, accessories, and other goods sold or supplied by Prime USA Scales.
• Services — installation, calibration, repair, inspection, surveys, testing, commissioning, engineering, programming, technical support, and any other work performed by Prime USA Scales or its authorized partners.
• Terms — these Terms and Conditions, as updated from time to time.
• Return Policy — the separate Return Policy at primeusascales.com/return-policy/, referenced in these Terms and to be kept consistent with them.

Document Priority

When terms in different documents conflict, the following order of priority controls — highest first:

Customer Purchase Orders

A Customer's preprinted or electronic purchase-order terms do not modify, supplement, or replace these Terms unless Prime USA Scales expressly accepts them in a separate writing signed by an authorized representative.

Permitted Use

Prime USA Scales grants you a limited, non-exclusive, non-transferable license to access and use the Site for legitimate product evaluation, purchasing, and internal business purposes. The Site primarily serves commercial customers — legitimate internal business purchasing is expressly permitted and encouraged.

Prohibited Activities

You may not use the Site to upload or transmit malware or harmful code; scrape or harvest data in a way that disrupts site performance or circumvents access controls; attempt unauthorized access to any system or database; submit fraudulent orders or deceptive content; or violate any applicable law, regulation, or third-party right.

Account Responsibility

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at support@primeusascales.com of any suspected unauthorized use.

Site Availability

Prime USA Scales does not guarantee that the Site will be uninterrupted or error-free. We may modify or suspend any part of the Site at any time without liability. Accessing the Site does not, by itself, create a contract for any sale.

Quotes

Written quotes are valid for the number of days stated on the quote. If no expiration date is shown, the quote expires 30 days after issuance. Prices, availability, and lead times are subject to change after a quote expires.

Order Acceptance

A Customer order is an offer to purchase and is not binding on Prime USA Scales until Prime USA Scales issues a written order acknowledgment or otherwise expressly accepts the order in writing, ships the Products, or begins performing the Services. Issuing a preliminary invoice or payment request does not, by itself, constitute acceptance unless the document expressly states that the Order has been accepted. Prime USA Scales may decline an order based on product unavailability, pricing or specification errors, credit concerns, suspected fraud, export restrictions, legal requirements, or other legitimate business reasons. Any payment collected for an order that Prime USA Scales does not accept will be refunded.

Lead Times

Quoted shipment and delivery dates are estimates. Lead times are not guaranteed unless Prime USA Scales expressly commits to a specific date in a signed writing. Some Products are stocked for immediate shipment; others are assembled, calibrated, configured, manufactured, or obtained from a third-party supplier after the Order is accepted.

Order Changes and Errors

Changes to an accepted Order require our written approval and may result in price adjustments, extended lead times, restocking or cancellation charges, and revised freight terms. Verbal instructions do not modify an accepted Order unless confirmed in writing by an authorized representative. Obvious typographical, pricing, freight, or specification errors may be corrected before shipment; if the Customer does not accept the correction, the affected Order may be canceled and amounts paid refunded.

Prices

All prices are in U.S. dollars. Pricing, deposit amounts, payment schedules, and credit terms are governed by the applicable quote, invoice, or order acknowledgment. We accept major credit cards, ACH payments, wire transfers, and company checks.

Payment Terms

• Online orders — full payment required at checkout.
• Quoted orders and large or custom projects — may require a deposit, milestone payments, or full payment before shipment, as specified in the written quote. Deposits and progress payments on custom or made-to-order Products may become nonrefundable after production or procurement begins, to the extent stated in the quote and permitted by law.
• NET terms — available only to approved customers with a written credit agreement from Prime USA Scales.

Taxes and Duties

Customer is responsible for all applicable sales tax, use tax, excise tax, import duties, tariffs, and similar charges, unless a valid exemption applies. Exemption documentation must be submitted before invoicing.

Late Payments

Undisputed amounts not paid within the agreed payment period will accrue interest beginning five calendar days after the due date at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Customer is responsible for reasonable collection costs, court costs, and attorney fees incurred by Prime USA Scales to recover valid, undisputed past-due amounts, to the extent permitted by applicable law.

Suspension for Non-Payment

If undisputed amounts are past due, Prime USA Scales may suspend manufacturing, shipment, installation, and additional Services until the account is current. Prime USA Scales may also suspend discretionary warranty assistance unrelated to an immediate safety concern, but nothing in this paragraph limits warranty obligations that cannot legally be suspended.

Returned Payments

Returned checks and failed ACH payments are subject to a $25 returned-payment fee. Initiating a fraudulent or bad-faith chargeback does not relieve Customer of valid payment obligations. Nothing in these Terms limits any billing-dispute or chargeback right that cannot legally be waived.

Accuracy of Listings

Prime USA Scales works to keep product descriptions, images, dimensions, specifications, prices, and availability current. Manufacturers may change products, labeling, accessories, or construction details without notice. Images may be representative; color, finish, and minor details may vary from the product shipped.

Customer Responsibility

Before ordering, Customer is responsible for reviewing and confirming that the product meets its application — including capacity, platform size, division size and readability, accuracy class, NTEP and legal-for-trade requirements, power supply, environmental and washdown ratings, hazardous-area classification, and physical installation space. Recommendations are based on information the Customer supplies; Prime USA Scales is not responsible for an unsuitable recommendation caused by incomplete or inaccurate application information supplied by the Customer.

Safe Operation

Products must be installed, operated, maintained, and loaded according to all applicable manuals, rated capacities, safety instructions, laws, and industry practices. Rated capacity must never be exceeded.

What Qualifies

Custom and special-order products include items with non-standard dimensions, capacities, finishes, or outputs; custom ramps, pits, frames, cables, or communications; products that are programmed, serialized, calibrated, or configured to Customer specifications; and any product manufactured, modified, or purchased specifically for the Customer's Order — including truck scales, aircraft scales, custom floor scales, tank systems, and other engineered equipment.

Customer Approval

When required, Customer must approve drawings, dimensions, specifications, and scope before production or procurement begins. Customer is responsible for the accuracy of all customer-supplied information. Written approval authorizes Prime USA Scales to begin purchasing, manufacturing, or fabrication and may trigger deposit requirements.

Cancellations

Standard stocked Products may be canceled without charge before shipment unless the Order has already been released to a manufacturer or supplier that imposes a cancellation charge, or Prime USA Scales has incurred nonrecoverable costs for the Order.

Custom, made-to-order, modified, configured, programmed, specially calibrated, or special-order Products may be canceled only with Prime USA Scales' prior written approval. If cancellation is approved after work has begun, Customer is responsible for completed work, committed materials, manufacturer or supplier cancellation charges, nonrecoverable costs, and applicable freight. Deposits and progress payments may become nonrefundable to the extent stated in the quote and permitted by law.

Shipping Method and Charges

Unless otherwise stated on the applicable product page, quote, or Order, website pricing includes standard shipping to qualifying commercial addresses within the contiguous United States. Free or included shipping does not apply to Alaska, Hawaii, international destinations, expedited shipping, liftgate service, inside delivery, residential or limited-access service, delivery appointments, reconsignment, storage, redelivery, or other special services unless expressly stated. Oversized, custom, and project-based Products may be subject to separate freight charges.

Delivery Estimates and Requirements

Estimated shipment and delivery dates are not guaranteed unless expressly committed to in a signed writing. Customer must provide a correct, accessible delivery address and disclose all special delivery conditions before quoting — including residential or limited-access locations, liftgate requirements, delivery appointments, and limited delivery hours. Additional carrier charges resulting from undisclosed conditions, incorrect addresses, missed appointments, detention, redelivery, or storage will be billed to Customer.

Terminal pickup may be available by prior arrangement when permitted by the carrier. Customer must contact Prime USA Scales before delivery is attempted. Carrier storage, handling, reconsignment, or other charges may apply.

Risk of Loss and Title

Unless a Prime USA Scales quote, order acknowledgment, or mutually signed agreement expressly states otherwise, all shipments are shipping-contract shipments. Title to and risk of loss for Products pass to Customer when the Products are tendered to the carrier at the shipping point. Prime USA Scales may arrange or prepay freight as a convenience to Customer without changing the point at which title or risk of loss passes.

Customer must inspect every shipment and comply with the freight-inspection and damage-reporting procedures in Section 8. Prime USA Scales will provide reasonable assistance with a properly documented carrier claim but does not guarantee that the carrier will approve or pay the claim. Refusal of delivery, failure to provide suitable unloading equipment or access, a missed delivery appointment, or failure to accept conforming Products does not transfer risk of loss back to Prime USA Scales. Customer is responsible for resulting storage, detention, redelivery, reconsignment, return-freight, and related charges.

If an applicable quote, order acknowledgment, or mutually signed agreement expressly requires Prime USA Scales to deliver Products to a specified destination before risk of loss passes, that written provision controls for the affected Order.

Failure to inspect, document, and report freight damage promptly may impair Prime USA Scales' ability to pursue a carrier claim and may affect the remedies available. Customer should not refuse delivery without first contacting Prime USA Scales unless the shipment has suffered obvious severe damage. Nothing in this section eliminates rights that cannot legally be waived.

Unloading Equipment

Unless expressly included in the quote, Customer must supply a suitable forklift, tractor with forks, crane, dock, rigging equipment, and qualified operators and labor adequate to unload the shipment. Delivery drivers are not responsible for unloading.

Site Readiness

Customer is responsible for a safe, level, accessible, and code-compliant installation site. Unless expressly included in the quote, Customer must provide required electrical service, conduit, network access, foundations or pits, approaches and drainage, permits, traffic control, and access credentials.

Delays and Additional Charges

Delays caused by site conditions, access restrictions, missing utilities, unsafe conditions, or Customer's lack of readiness may result in waiting-time, remobilization, travel, storage, and rescheduling charges. Prime USA Scales and its service partners may suspend work when conditions are unsafe, without liability for resulting delays.

Scope of Work

Services are limited to the written scope in the applicable quote or work order. Work outside that scope requires Customer's prior written authorization and will be billed separately. Prime USA Scales has access to a nationwide service network with approximately 75 service locations. Coverage, technician availability, response time, capabilities, and pricing vary by location and equipment.

Customer Disclosures

Before we quote Services, Customer must disclose all applicable requirements, including prevailing-wage or certified-payroll requirements, union agreements, security or badging requirements, insurance certificates, and site-specific safety procedures.

Excluded Work

Unless expressly included in the quote: electrical work beyond equipment connections, concrete, excavation, drainage, structural modifications, network and IT infrastructure, crane or heavy rigging, permit acquisition, and third-party contractor coordination are excluded from Service scope.

Waiting Time and Return Trips

Customer-caused waiting time, restricted or denied access, incomplete site preparation, unavailable equipment or personnel, unsafe conditions, work requested outside normal service hours, aborted visits, and return trips may be billed at applicable labor, travel, overtime, equipment, and remobilization rates.

Calibration Certificates

A calibration certificate, NIST traceability statement, accredited calibration, or specific test procedure is provided only when expressly included in the written quote. Regulatory, ISO, quality-system, or internal testing requirements must be disclosed before ordering.

Complete return procedures, deadlines, and refund processes are described in the Return Policy. This section states the governing principles.

Return Window

Unless a different return period is stated on the applicable product page, quote, invoice, or Order, eligible standard Products may be returned within 30 calendar days after Customer receives the Product. Returns require prior approval and a Return Merchandise Authorization (RMA). Products must not be returned without an RMA. Request an RMA online.

Product Condition

Returned Products must be unused, complete, unmodified, and in resalable condition with the original packaging, components, manuals, cables, and accessories. Opening packaging solely to conduct a reasonable initial inspection does not automatically make a Product nonreturnable. Products that have been installed, placed into service, altered, damaged after delivery, or used beyond reasonable inspection are not eligible for a standard non-defective return.

Restocking Fee

Non-defective returns are subject to a restocking fee of 10% to 20% of the product price, determined by the product, manufacturer, packaging condition, and whether the item requires inspection, testing, repackaging, or reconditioning.

Return Shipping

Customer is responsible for return freight charges on non-defective returns and assumes all risk of loss during return shipment. Original outbound freight is non-refundable on non-defective returns.

Final Sale — Nonreturnable Products

Except for verified defects covered by an applicable warranty and rights that cannot legally be waived, the following are not eligible for standard return or refund:

• Custom-manufactured, made-to-order, or customer-specific Products
• Truck scales and aircraft scales
• Used, clearance, or properly disclosed as-is Products
• Products specially calibrated, programmed, modified, serialized, or configured to Customer-specific requirements beyond standard factory configuration
• Consumables, single-use items, and batteries when opened or used, subject to applicable warranty rights
• Products missing required labels, serial numbers, components, manuals, accessories, or original packaging
• Products with broken tamper-evident or manufacturer seals where the broken seal affects safety, warranty eligibility, regulatory compliance, or resale
• Products identified as nonreturnable or final sale on the applicable product page, quote, invoice, or Order

Refunds

Approved refunds are typically initiated within three business days after the returned Product is received, inspected, and approved. Refunds will generally be issued to the original payment method unless otherwise agreed or required.

Warranty coverage depends on the specific product and manufacturer. The applicable warranty period and coverage will be stated on the product page, formal quote, invoice, or manufacturer documentation.

Used / As-Is

Used, clearance, or expressly identified as-is Products may be sold without a Prime USA Scales warranty except as expressly stated in writing at the time of sale, and subject to rights that cannot legally be waived.

General Warranty Terms

Unless otherwise stated in the specific product warranty: coverage begins on the date stated in the applicable written warranty or sales documentation; coverage applies to the original purchaser and is not transferable unless stated otherwise; and a valid original order number or invoice is required for any claim.

Warranty Exclusions

Express warranties do not cover damage or failure caused by: overloading, shock loading, misuse, abuse, accidents, or unauthorized modifications; incorrect installation, wiring, voltage, grounding, environment, or maintenance; water, corrosion, chemicals, lightning, fire, flood, pests, or power events (unless the product is specifically rated for such conditions); normal wear, consumable components, cosmetic damage, or routine calibration drift; or use contrary to the product manual, rated capacity, or applicable law.

Express Warranties and Disclaimer of Other Warranties

Certain Products are covered by an express written warranty identified on the applicable product page, quote, invoice, Order, warranty document, or manufacturer documentation. Products sold under the USA Measurements brand are covered only to the extent stated in the applicable USA Measurements written warranty. Products manufactured by third parties are covered only by the applicable manufacturer's written warranty, if any, unless Prime USA Scales expressly provides a separate written warranty.

Except for an express written warranty that specifically applies to the Product or Service, and to the fullest extent permitted by applicable law, Prime USA Scales disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability and fitness for a particular purpose. Any disclaimer or limitation applies only to the extent permitted by law, and nothing in these Terms limits warranty rights that cannot legally be waived.

How to File a Claim

Contact Prime USA Scales with your order number, model, and serial number. Provide a description of the issue, photographs, display readings, wiring details, and any troubleshooting steps already completed. Obtain an RMA before returning any product — do not return equipment without a Return Merchandise Authorization.

support@primeusascales.com · (800) 917-7205 · Contact Form

Warranty-Related Shipping and Service Costs

Warranty-related freight, onsite labor, travel, removal, reinstallation, calibration, and similar costs are covered only when expressly included in the applicable written warranty, quote, or Order. If Prime USA Scales or the manufacturer requires a Product to be returned for evaluation, Customer may initially be responsible for return shipping. If inspection confirms a covered defect, repair, replacement, shipping reimbursement, or other remedies will be provided as stated in the applicable written warranty.

Remedies

If a warranty claim is approved, the applicable warrantor will provide the remedy stated in the written warranty — which may include repair, replacement with the same or functionally equivalent Product, credit, or refund. The applicable warrantor selects the remedy unless the written warranty states otherwise. Any exclusive-remedy limitation remains subject to applicable law.

Prime USA Scales shall not be in breach of any obligation and shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including: component or raw-material shortages; manufacturer production delays; transportation disruptions; labor disputes; severe weather, fire, flood, or natural disasters; epidemic or pandemic; war, terrorism, or civil unrest; government action, tariffs, or sanctions; cyberattack or utility interruption; and delays caused by the Customer or other contractors.

In such events the affected obligation is suspended for the duration of the delay. For extended events, Prime USA Scales may allocate available inventory equitably, suspend affected performance, or cancel the affected portion of an Order, with refund of amounts paid for unperformed work, less committed costs consistent with Section 6 for custom or made-to-order Products.

The Site and its content — including product photographs, graphics, copy, manuals, drawings, software, trademarks, and trade dress — are owned by USA Measurements, Inc. or its licensors. You may use Site materials only for legitimate product evaluation, purchasing, and internal business purposes. You may not republish, resell, scrape, reverse-engineer, or remove notices from Site materials.

Customer retains ownership of customer-supplied specifications, drawings, photographs, files, and other materials. By submitting those materials, Customer grants Prime USA Scales and its applicable manufacturers, suppliers, contractors, and service providers the limited rights reasonably necessary to evaluate, quote, design, manufacture, configure, install, support, and service the applicable Order.

The Prime USA Scales Privacy Policy separately describes how personal information is collected, used, disclosed, and protected. The Privacy Policy is available at primeusascales.com/privacy-policy/.

Quotes, order acknowledgments, invoices, payment requests, signatures, approvals, shipping notices, service communications, and other operational records may be created or delivered electronically. Customer is responsible for providing accurate contact information and updating Prime USA Scales when an authorized contact changes.

Consent to receive promotional marketing is not a condition of purchase. Promotional email and text-message preferences are governed by the applicable consent disclosure, Privacy Policy, and SMS Terms. Opting out of promotional communications does not prevent Prime USA Scales from sending necessary transactional, warranty, safety, account, order, delivery, or service communications.

Governing Law and Exclusive Venue

These Terms and every Order are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. Subject to the informal-resolution requirement below, each party irrevocably agrees that any action or proceeding arising out of or relating to these Terms, an Order, any Product, or any Service must be brought exclusively in the state courts located in Clark County, Nevada, or, when federal subject-matter jurisdiction exists, the United States District Court for the District of Nevada. Each party consents to the personal jurisdiction of those courts and waives any objection based on venue or an inconvenient forum.

Informal Resolution

Before initiating any formal proceeding, the parties agree to attempt good-faith informal resolution for 30 days following written notice of the dispute to the other party. This requirement does not prevent either party from seeking emergency equitable relief.

Entire Agreement. These Terms, together with the applicable quote, order acknowledgment, and any signed agreement, constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions and representations.

Amendments. No modification of an accepted Order is binding unless confirmed in writing by an authorized Prime USA Scales representative.

Waiver. Failure to enforce any provision on one occasion is not a waiver of the right to enforce it on any other occasion.

Severability. If any provision is found invalid, illegal, or unenforceable, the remaining provisions continue in full force.

Assignment. Customer may not assign any Order or rights under these Terms without prior written consent from Prime USA Scales. Prime USA Scales may assign its rights in connection with a merger, acquisition, or sale of assets.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

Electronic Signatures and Records. Electronic order submissions, quote acceptances, and digital signatures are legally binding to the same extent as handwritten signatures.

Attorney Fees. The prevailing party in any action or proceeding arising out of or relating to these Terms or any Order is entitled to recover its reasonable attorney fees and legal costs from the non-prevailing party, to the extent permitted by applicable law. If the same attorney fees are recoverable under this clause and the collection-cost provision in Section 4, they may be recovered only once.

Notices. Formal legal notices under these Terms must be delivered to the addresses stated in the applicable Order or in Section 21. Routine operational communications may be delivered by email, telephone, text message, or other agreed electronic method.

Survival. Payment obligations, intellectual property, warranty limitations, limitation of liability, and dispute-resolution provisions survive termination or expiration of any Order.

Prime USA Scales may update these Terms from time to time. The revised Terms will be posted on this page with an updated "Last Updated" date and take effect prospectively from that date. The version in effect when an Order was accepted governs that Order, unless both parties subsequently agree otherwise.