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Conditions of sale

 

Terms & Conditions of Sale

 

These Terms and Conditions apply to all purchases and sales of items offered by WESTERN TOOL COMPANY (“We”, “us”, “Western Tool”), and your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms and Conditions; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and WESTERN TOOL COMPANY in a separate mutual writing. Additional terms are not binding unless agreed to by an officer of WESTERN TOOL COMPANY in a separate writing. WESTERN TOOL COMPANY reserves the right to decline fulfilling orders at its sole discretion.

 

Customers transacting e-Commerce business with WESTERN TOOL COMPANY on our website and/or via third party platforms are also subject to the Terms of Use on Western Tool’s website (the “Site”), and other limitations appearing on and applicable to visitors and users of our website, found at www.westerntoolco.com.

 

 

Pricing & Charges

 

Product: Prices and charges in our catalogs or on our Site are effective upon publication (or immediately when displayed on our website) and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any taxes and other surcharges and to impose purchase restrictions or limits at any time. Prices and availability may vary at branch locations.

 

Unless agreed otherwise in writing, we reserve the right, in our sole discretion, to accept or decline your order, in part or in total, even after your account or credit card has been charged and you receive confirmation of your order.  If your order is cancelled after you have been charged, a credit will be issued to your account/card.

 

Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges will be subject to the carrier's published rates and internal processing and handling fees. In some cases, shipping charges may be less than or greater than WESTERN TOOL COMPANY’s actual cost to process and ship.

 

Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. WESTERN TOOL COMPANY will pass on the surcharge to you.

Terms/Billing Options

 

Payment terms on approved open accounts are from date of invoice. In addition to open accounts, we also accept cash and most major credit cards. WESTERN TOOL COMPANY has multiple payment/billing options. If a customer fails to make full payment within thirty (30) days from date of invoice, WESTERN TOOL COMPANY may defer any further shipments or other orders, or cancel any portion of an unshipped order. It is understood and agreed that customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees, collection agency fees and court costs incurred by WESTERN TOOL COMPANY in connection with any collection action for payment of the amounts due herein.

 

WESTERN TOOL COMPANY makes available certain payment processes through which you can provide payment information to us when you pay for your order (our "Authorized Payment Processes"). Examples of our Authorized Payment Processes include providing payment information by telephone or through our website checkout. WESTERN TOOL COMPANY has implemented physical, technological and administrative safeguards intended to protect the information that you provide using one of our Authorized Payment Processes. These safeguards include, for example, encryption of Internet communications. If you do not use an Authorized Payment Processes, and you submit payment information through some other method (such as via email or fax), then the safeguards provided by our Authorized Payment Processes will not protect your payment information, and you provide such information at your own risk. WESTERN TOOL COMPANY expressly denies all responsibility regarding the collection, use and protection of information that you do not submit through an Authorized Payment Process.

 

 

 

Delivery

 

WESTERN TOOL COMPANY ships products based on stock or manufacturer availability and processing times. Hazardous materials require special handling and may be subject to local, state and federal regulations which may delay or prohibit shipments. Hazardous materials will not be shipped to Alaska or Hawaii or exported outside of the contiguous United States. All orders are shipped F.O.B. from WESTERN TOOL COMPANY’s warehouse, a distribution facility, or the product manufacturer's facility for drop shipments. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup. Please check with your WESTERN TOOL COMPANY representative for more information at order time.

 

 

 

Damaged or Lost Shipments

 

UPS, Fed-Ex Ground, other Package Carriers & Prepaid Truck Shipments (WESTERN TOOL COMPANY carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into WESTERN TOOL COMPANY at 303-422-3413 or e-mailed to contact@westerntoolco.com within 7 calendar days.

 

Machinery Shipments: Call 303-422-3413 or e-mail to contact@westerntoolco.com. All damaged containers and merchandise must be kept for inspection. If product was damaged in transit, call 303-422-3413 or e-mail to contact@westerntoolco.com.

 

 

Warranties

 

Limited Manufacturer’s Warranty; Disclaimer of Warranties: Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, WESTERN TOOL COMPANY MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. CRESTON INDUSTRIAL SALES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST CRESTON INDUSTRIAL SALES BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES. OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE.

Remedies. Without limiting the foregoing, customer’s sole remedy against Creston is to obtain a full refund, subject to our Q.A. inspection, for any defective item returned to us pursuant to our Return Policy described below.

 

Manufacturer's Responsibility: The customer recognizes that WESTERN TOOL COMPANY is a distributor and not a manufacturer, fabricator or packager, and all applicable product specifications, representations and warranties are solely those of the fabricator, manufacturer or packager of the products sold. WESTERN TOOL COMPANY liability hereunder for any claim of loss or damage of any kind whatsoever by the customer arising from a breach of any such specifications, representations or warranties by the manufacturer, fabricator or packager shall be limited to reimbursement of the price paid for the specific item sold, and other than such reimbursement, as between the customer and WESTERN TOOL COMPANY, the customer's sole and exclusive recourse for such loss or damage is to the manufacturer, fabricator or packager of the products. Customer waives any right of set-off or cover under the Uniform Commercial Code or otherwise.

 

Limited Liability: IN NO EVENT SHALL WESTERN TOOL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF YOUR PURCHASE OF GOODS AND/OR SERVICES FROM WESTERN TOOL, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY.  WESTERN TOOL COMPANY shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of WESTERN TOOL COMPANY, LTL shipments and other non-scheduled carriers, branch shipments (due to earlier pickups), back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.  WITHOUT LIMITING THE FOREGOING, WESTERN TOOL’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CRESTON FOR THE PRODUCT(S) SUBJECT TO SUCH CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE CLAIM.

 

 

 

Responsibility

 

All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law, particularly the Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder, unless the manufacturer so warrants.

 

Catalog Errors

Although all information in WESTERN TOOL COMPANY Catalogs (both physical and virtual) and on the Site has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.

 

 

Compliance with Laws

Some products may be obtained from multiple supply sources located throughout the United States or internationally and shipped directly to the customer without sending the item through WESTERN TOOL COMPANY. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. WESTERN TOOL COMPANY relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by WESTERN TOOL COMPANY to be accurate. WESTERN TOOL COMPANY, however, shall not be responsible for how products are used or installed or for the product's conformance to regional, state, or local codes or regulations. WESTERN TOOL COMPANY does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.

 

Environmental & Safety

 

VOC (Volatile Organic Compounds) Limits:

WESTERN TOOL COMPANY may be prohibited from offering certain products due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. VOC restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. WESTERN TOOL COMPANY relies on the manufacturer regarding the VOC content of their products and makes no representation or warranties regarding the information provided by the manufacturer.

 

Ozone Depleting Substances (ODS)

WESTERN TOOL COMPANY may be prohibited from selling certain products that contain chemicals (hydrochlorofluorocarbons) to customers that are not commercial customers as defined by regulations issued by the United States Environmental Protection Agency (USEPA). As per the USEPA regulations, it is a violation of federal law to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions may change without notice and customers should consult the ODS regulations and are responsible for compliance with all the ODS regulations.

 

California Proposition 65

Some products may contain certain chemicals and, therefore, be subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. WESTERN TOOL COMPANY relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.

 

Mercury Containing Products

Some products may contain mercury and may, therefore, be subject to federal, state, or local regulations regarding their purchase, use, handling and/or disposal. Customers should consult the regulations applicable to their operations regarding these products. WESTERN TOOL COMPANY relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

 

Safety Data Sheet (SDS)

An SDS is a document that is required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.) Manufacturers or importers are required to produce SDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR. 1910.1200. WESTERN TOOL COMPANY expressly relies on the evaluation of the chemical manufacturer/importer contained therein. WESTERN TOOL COMPANY shall, 303-422-3413 or e-mailing contact@westerntoolco.com.

Lead: WESTERN TOOL COMPANY may be prohibited from offering certain plumbing products intended for use in conveying potable water due to restrictions or requirements of various federal, state, local and other authorities that have prescribed lead content restrictions for such products. These restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. WESTERN TOOL COMPANY relies on the manufacturer regarding the lead content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Energy Efficiency: WESTERN TOOL COMPANY may be prohibited from offering certain products that do not meet federal, state, and/or local requirements for energy efficiency. Energy efficiency requirements may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. WESTERN TOOL COMPANY relies on the manufacturer regarding the energy efficiency rating of its products and makes no representations or warranties regarding the information provided by the manufacturer.

Handling and Disposal: Numerous federal, state, and local codes, regulations and laws may apply to the disposal of products. Customer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.

 

 

Returns & Repairs

 

Returns

Unless otherwise agreed, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must call or e-mail WESTERN TOOL COMPANY at 303-422-3413 or contact@westerntoolco.com for a Return Authorization number. No returns will be accepted without a Return Authorization number. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in its original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. Shipping charges for returned items must be prepaid. No return of altered or etched items or final sale items. A re-stocking charge may be applied. Customers are required to inspect all hazardous materials deliveries prior to accepting the delivery. Unaccepted hazardous materials can be returned to WESTERN TOOL COMPANY through the freight company that delivered the materials by not accepting the delivery. Once hazardous materials or non-hazardous materials that can become hazardous waste (e.g. broken fluorescent bulbs) are accepted for delivery, WESTERN TOOL COMPANY is unable to take these items back.

 

Computer Software

Unopened Software may be returned for credit. Opened Software will be replaced only if defective.

 

Repairs

Please call our Sales Department at 303-422-3413 for the address and phone number of the authorized service center nearest you.

 

Repair Service

Western Tool will provide notification of completed repairs to you, and will dispose of items left after 60 days of notification.

 

 

 

Export Controls

 

WESTERN TOOL COMPANY products and services, including user manuals and software, are subject to U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States Guidance may be found at http://www.bis.doc.gov orhttp://www.pmddtc.state.gov. Customer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North Korea, Syria and Sudan). It is the customer's responsibility to be aware of these Lists and Embargoes. These Lists may be accessed at http://export.gov/ecr/eg_main_023148.asp.

 

 

 

Provisions

 

Security Interest

Customer hereby grants to WESTERN TOOL COMPANY a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to WESTERN TOOL COMPANY Customer agrees to file, or permit WESTERN TOOL COMPANY to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of WESTERN TOOL COMPANY’s lien or security interest.

 

Independent Contractors

WESTERN TOOL COMPANY and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate WESTERN TOOL COMPANY in any manner, nor will Customer represent to anyone that it has the right to do so.

 

Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of WESTERN TOOL COMPANY. Any actual or attempted assignment without WESTERN TOOL COMPANY’s prior written consent shall entitle WESTERN TOOL COMPANY to cancel such order upon notice to Customer.

 

Electronic Commerce

If WESTERN TOOL COMPANY and Customer mutually agree to use an Electronic Data Interchange ("EDI") system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. WESTERN TOOL COMPANY and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by WESTERN TOOL COMPANY regarding EDI purchases made by Customer shall be deemed to be conclusive.

 

Intellectual Property

Customer shall have no right to copy or use any of the intellectual property of WESTERN TOOL COMPANY or its suppliers without WESTERN TOOL COMPANY’s permission. All materials contained in WESTERN TOOL COMPANY Catalogs and WESTERN TOOL COMPANY’s website are subject to the ownership rights of WESTERN TOOL COMPANY and its suppliers.

 

WESTERN TOOL COMPANY’s Performance of Service

In conjunction with Customer's purchase of product, WESTERN TOOL COMPANY may perform certain services for Customer on Customer's premises such as delivering, ordering, performing inventory management, or putting-away product (collectively, the "Services"). Customer will hold harmless and indemnify WESTERN TOOL COMPANY, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by WESTERN TOOL COMPANY related to the performance of Services for Customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of Customer, its employees, agents, subcontractors or representatives. Waiver: No failure by either party to take any action or assert any right hereunder will be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.

 

 

 

 

 

Controlling Law & Venue

 

All transactions shall be governed by the laws of the State of Colorado, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in Jefferson County, State of Colorado.