TERMS & CONDITIONS
ACCEPTANCE – Notwithstanding any difference that may be embodied in the Customer’s order is expressly made conditional on Customer’s assent to the terms and conditions set forth below, and on any attachment (s) hereto, which shall constitute the complete agreement between the parties. The terms and conditions may not be varied or Customer’s order terminated in any manner unless by a written agreement with legal consideration subsequently signed by an officer of Wasco Sales and Marketing, Inc. (also referred to herein as “Wasco”). Other representatives of Wasco are not authorized to vary the conditions herein set forth. Failure to specifically dissent to the terms and conditions within a reasonable time or Customer ‘s acceptance of any goods covered by this acknowledgment shall constitute acceptance of these terms and conditions.
PRODUCT SELECTION – The Customer shall have the ultimate responsibility of making the proper selection for its application. Wasco will cooperate with the Customer in as much detail as possible for the Customer to make the correct selection. Wasco will provide to the Customer such things as wetted parts description, maximum working pressures, components proof pressures, minimum burst pressure, normal temperature ranges and maximum cycle rates. The Customer shall be responsible for and provide Wasco the Customer’s system parameters including spike pressures and their frequencies, media, seal compatibility, minimum and maximum temperature, and pressure requirements, vibration and shock requirements, leakage requirements, electrical requirements, and any special requirements the Customer may have.
SHIPPING TERM – EXW unless agreed otherwise.
NOTE – The Customer should consider all the possible failure modes in their system that could occur with the use of Wasco’s product. The product in consideration could fail mechanically or electrically and the Customer must bear the full responsibility for its selection and use in their system and for any misapplication or misuse, including but not limited to any losses or damages caused by the customer’s use of that product in their system and by their customer’s use of the Customer’s system. Wasco accepts no responsibility or liability for failures resulting from any misapplication of its product.
DESIGN AUTHORITY – Wasco drawings, documents, and specifications are the design authority unless mutually agreed in writing.
PRICES – Wasco reserves the right to re-evaluate and re-quote pricing due to unforeseen economic conditions.
TOOLING, FIXTURES, AND DOCUMENTS – Set-up, Fitting up, drawings, design information, and partial preparation charges, when invoiced, cover only part of the costs to Wasco. The Customer does not acquire any right, title or interest in any tooling, set-up, drawings, design information, or invention resulting therefrom.
PAYMENT – Our standard payment terms are Net 30 days, contingent upon us approving you to be on an open account. We accept all major credit cards for immediate payments of our products. Bank transfers are highly encouraged.
CANCELLATION – Purchase orders cannot be canceled within the standard lead time.
FORCE MAJEURE – All shipping dates are tentative. Wasco will not be responsible for delays or performance directly caused by Government regulations or requirements, acts of God, unavailability of energy and/or materials or supplies, work stoppages, slowdowns, boycotts, and other causes (whether similar in nature to any of these hereinbefore specified) beyond Wasco’s reasonable control.
F.O.B. POINT – Unless stated to the contrary on the face hereof, all products furnished hereunder will be shipped F.O.B. point of shipment, and title in, risk of loss, and the right of possession to such goods shall pass to the Customer upon Wasco ‘s delivery to the carrier at point of shipment.
WARRANTY - Wasco warrants its product to be free from defects in material and workmanship in normal use and service for a period of one year after the date of shipment. See product literature (i.e., catalog,etc.) for specific details. This warranty is limited to the repair or replacement of the product or part thereof which Wasco’s inspection finds to be defective. This warranty shall not apply if unauthorized persons have subjected the product to misuse, negligence, accident, modification or repair. Repairs not covered under this warranty will be subjected to a standard service charge. No other warranty or guarantee is expressed or implied.
REQUIREMENTS – Any special tests/documents/inspections not specifically listed as a line item will not be fulfilled or acknowledged. Please contact firstname.lastname@example.org prior to placing your PO to receive a quote for special requirements.
RETURN POLICY – Should one of Wasco's products be suspected of malfunction, please return it to us as soon as possible with shipping charges pre-paid. A Return Material Authorization (RMA) number must be issued from Wasco before the Buyer can return the product in question. This RMA number must appear on the outside of the box. Failure to do so will cause the package to be refused at our Receiving dock. Please do not attempt to disassemble or repair as this action may destroy evidence of original malfunction. The Buyer’s cooperation in this regard will save both time and possibly additional costs.
ADDITIONAL WARRANTY INFORMATION - Wasco makes no Warranty, Express, Implied (including but not limited to warranties of merchantability and fitness for intended purposes), or statutory, other than the foregoing express warranty. Failure of Customer to submit any claim hereunder within ten (ten) days following expiration of the warranty period applicable to such products shall be an admission by the Customer and conclusive proof that such products are in every respect as warranted and shall release Wasco from any and all claims for damage or loss sustained by the Customer. In the event the Customer timely submits a claim for breach of Warranty, the parties agree that the Customer’s sole and exclusive remedies shall be the repair or replacement of the defective products or a credit. In no event shall Wasco be liable for incidental or consequential damages.