1. In these conditions "Watco" means Watco Industrial Flooring and "the customer" means the person or company to whom Watco has agreed to supply goods under this contract.
2. (a) These conditions contain the entire terms of this contract between Watco and the customer.
(b) Any stipulation or conditions in a customer's order which would conflict with any of our terms and conditions shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by a manager of Watco.
Goods are sold by Watco to the customer at the price specified herein. Prices subject to change without notice.
4. No warranty on the part of Watco is given or implied by this agreement. All warranties are limited to the replacement of the products or the purchase price of the products to the extent identified on the labels and literature of the products. Where samples have been sent to the customer it will be considered that they have been tested to the customer's specification for the purposes to which they are to be put.
(a) Any time or date named by Watco for delivery is given and intended as an estimate only and Watco shall not be liable for any damage or loss whether arising directly or indirectly out of the delay in delivery.
(b) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause (c) hereof, the customer shall take delivery within that period.
(c) Unless otherwise agreed in writing between Watco and the customer, all goods supplied by Watco are on a FOB shipment basis.
(d) Watco is not responsible for any lift gate charges incurred at delivery. Lift gate charges are at the sole responsibility of, and are to be paid by, the customer.
6. CANCELLATION OF ORDER
Once an official order has been received either verbally or in writing, a contract is deemed to have been entered into between Watco and the customer. Cancellation of the contract will be at the discretion of Watco. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
7. RETURN OF GOODS
It is our general policy not to accept the return of goods. In exceptional circumstances, standard products may be returned to us within 30 days of the date of delivery provided that the customer has written agreement from Watco to such a return. No claims will be entertained for returns outside this period. Goods are to be returned at the customer’s expense to the original source of supply as specified by Watco and a re-stocking charge of 20% will be made for goods that are of merchantable quality as determined by Watco. Not all goods may be accepted back into stock for credit. Customized products are not returnable.
8. DEFECTIVE GOODS
Goods represented by the customer to be defective, if returned to Watco and accepted by them as defective, will, if practicable, be replaced as originally ordered.
(a) Payment for goods supplied shall be made in accordance with the terms referred to on the face of the invoice.
(b) Payment for transactions by credit card is deducted when the product ships.
10. RISK AND TITLE
(a) Title of the products supplied shall pass to the customer when Watco provides the products to the Watco carrier for delivery to the customer.
(b) Watco will ensure that the products are insured to their replacement value against loss or damage while in transit with the Watco carrier.
11. The customer service office of Watco referred to in this contract is Watco Industrial Flooring, 11 E. Hawthorn Pkwy., Vernon Hills, IL 60061 which is the address for service by the customer for all notices and other communications under or in connection with this contract.