ACCEPTANCE OF ORDERS
No order placed with Weather-Tec shall be considered as accepted until officially
acknowledged in writing by Weather-Tec. The terms and conditions stated herein shall
constitute the entire sales agreement between the parties, and any contrary or additional
terms and conditions submitted by parties other than Weather-Tec, shall be deemed to be of
no effect. Weather-Tec reserves the right to select its own customers and the right to
reject any order.DELIVERY
Weather-Tec shall not be liable for any delay or default in delivering products when
occasioned by any cause of any kind or extent beyond the control of Weather-Tec, including
without limitation, armed conflict or economic dislocation resulting there from,
embargoes, labor difficulties, civil disorders of any kind, action of civil or military
authorities (including priorities and allocations), fires, floods and accidents, and
shortages of labor, raw materials, fuel energy, production facilities or transportation.
It is intended that no liability shall be sustained by Weather-Tec by reason of its not
filling any order or portion thereof affected by any such occurrence.
PRICES & FREIGHT
All prices are subject to change without notice. Prices are F.O.B. shipping point,
transportation pre-paid and allowed for any single shipment of $5,000.00 net or more to
one destination in the Continental United States. For lesser orders products will be
shipped freight collect.
TERMS OF PAYMENT
Net 30 days. A finance charge of 1.5% per month (annual percentage rate of 18%) on all
past due accounts.
TAXES
Any tax or other governmental charge upon the production, sale, or shipment of products
imposed by federal, state, municipal, or other authorities shall be added to the price to
be paid by the purchaser.
WARRANTY
All products sold are subject to the following warranty: Weather-Tec warrants for a period
of one year from the date the products are installed (if sufficient evidence of such date
exists) that the product is free from defects in materials and workmanship. Other than the
limited warranty set forth above, Weather-Tec makes no other representation or warranty of
any kind, express or implied, in fact or in law, including without limitation the warranty
of merchandise or the warranty of fitness for a particular purpose. Every claim under this
warranty shall be deemed waived unless it is in writing and is received by Weather-Tec
within thirty (30) days of the date the defect to which each claim relates is discovered
or shall have been discovered.
LIMITATION OF LIABILITY
It is expressly understood and agreed that the limit of liability of Weather-Tec shall be,
at the sole option of Weather-Tec, repair or resupply of a like quantity Of non-defective
product and that Weather-Tec shall have no such liability except when the damage results
solely from the breach of the Weather-Tec warranty. It is also agreed that Weather-Tec
shall not be liable for any incidental, consequential, or other damages for any alleged
negligence, breach of warranty, strict liability, or any theory other than the limited
liability set forth above. No person has the authority to waive, alter or add to the
printed provisions of this warranty or to make representation of warranty not contained
herein.
TITLE
Title to goods described herein shall remain in Weather-Tec until paid for in full by
purchaser. However, risk of loss shall vest in the purchaser at the time of delivery of
products to the carrier at the Weather-Tec plant,
RETURNS
No return of products will be accepted without prior written approval. Weather-Tec will,
on written authorized returns, charge 25% of the original purchase price for handling and
restocking. Credit will be based upon the quantity received at the Weather-Tec shipping
point in resalable condition, as determined by Weather-Tec.
CANCELLATION OF ORDERS
Cancellation request must be received at factory prior to order shipment. Items of special
manufacture and large orders beyond normal purchase are not cancelable without written
approval.
MODIFICATION OR TERMINATION
These terms and conditions of sale cancel and supersede all previous issues, supplements,
and revisions and are subject to change without prior notice |