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VICTOR MFG. LIMITED WARRANTY
LIMITED WARRANTY.
All products sold are warranted by Victor Mfg. only to Purchaser's for resale or for use in business or
original equipment manufacture, against defects in workmanship or materials under normal use for one year after date of purchase from Victor Mfg., unless otherwise stated. Any part which is determined by Victor Mfg.
to be defective in material or workmanship and returned to an F.W. Webb Co. branch or authorized service location, as Victor Mfg. designates, shipping costs prepaid, will be, as the exclusive remedy, repaired or
replaced, at Victor Mfg.'s option.
WARRANTY DISCLAIMER.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED
WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY VICTOR MFG. VICTOR MFG. DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY
DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY.
ANY
LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. VICTOR MFG.'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
PROMPT DISPOSITION.
Victor Mfg. will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within warranty
period. Before returning any product, write or call Victor Mfg. location from which the product was purchased, giving date and number of original invoice, and describing defect. Title and risk of loss pass to
Purchaser on delivery to the common carrier.
PRODUCT SUITABILITY.
Many states and localities have codes and regulations governing sales,
construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Victor Mfg. attempts to assure that its products comply with such codes, it cannot
guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations,
and be sure that the product, installation, and use will comply with them.
NO WARRANTIES TO CONSUMERS.
Victor Mfg. makes no warranties to those defined as
consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
MANUFACTURERS' WARRANTIES & SALES LITERATURE
Most of the products
supplied to Victor Mfg. are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Victor Mfg. will
obtain copies of consumer warranties from the warrantor and will furnish them free of charge to Purchaser's who request them. Victor Mfg. may also furnish sales brochures and other literature of the
manufacturer. Victor Mfg. assumes no responsibility for the content of such warranties or sales literature by performing this service.
ADDITIONAL TERMS
FORCE MAJEURE.
Victor Mfg. shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions,
labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or
causes beyond the control of Victor Mfg. in the conduct of its business.
CANCELLATION.
Any cancellation must be approved by Victor Mfg., and may be subject to restocking and other charges.
SECURITY INTEREST
On any sales on open account,
Purchaser hereby grants to Victor Mfg. a priority lien, 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
Victor Mfg. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees
to inform Victor Mfg. immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
ASSIGNMENT
Purchaser shall not assign any order or any interest therein without the written consent of Victor Mfg. Any actual or attempted assignment without Victor Mfg.'s prior written consent shall entitle
Victor Mfg. to cancel such order upon notice to Purchaser without liability to Victor Mfg.
MODIFICATION OF TERMS.
Victor Mfg.'s acceptance of any order is
subject to Purchaser's assent to all of the terms and conditions set forth in Victor Mfg.'s acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's receipt of Victor
Mfg.'s acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and
conditions shall be binding upon Victor Mfg. unless agreed to by Victor Mfg. in writing.
TRADEMARKS AND COPYRIGHTS.
Purchaser acknowledges that it has no
right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
COMPLETE AGREEMENT.
The terms and conditions in Victor Mfg.'s web site Terms of Access, forms, acknowledgments, quotations, invoices and catalog
sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Victor Mfg.
INDEPENDENT CONTRACTORS.
Victor Mfg. and Purchaser are independent contractors. Purchaser is not authorize to and shall not make any representations on behalf of which are binding upon Victor Mfg.
SEPARABILITY.
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and
enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or
unenforceability shall destroy the underlying business purpose of these Terms of Purchase.
SALES
Due to government regulations and product availability,
all F.W. Webb Co. goods and services may not be available in every area.
CROSS REFERENCE INFORMATION
Product cross reference comparisons do not imply that
all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.
PRODUCT INFORMATION
Victor Mfg.'s ability to keep product information accurate and up-to-date is limited by manufacturers and other industry sources
ability to provide product information. THEREFORE, VICTOR MFG. MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE CATALOG DATA.
DOMESTIC ORDERS:
SALES POLICY
WHOLESALE ONLY.
Identification required from all Purchaser's. Possession of our wholesale catalog does not constitute the right to
purchase from Victor Mfg.
PRICES HEREIN are net wholesale prices and are subject to change without notice. Market sensitive commodity items will be priced
according to current market conditions.
QUOTATIONS
on large quantities are available on request. Contact your Victor Mfg. salesperson or local F.W. Webb Co. branch.
SALES TAX
Victor Mfg. is required to
charge state and local tax on items for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.
PAYMENT TERMS
For Purchaser's with established credit, terms are net 30 days from date of shipment. If credit is not established, payment may be made via Visa or MasterCard. Cash or anticipation discounts are not allowed.
All payments must be in U.S. dollars.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance.
IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND VICTOR MFG. SHALL HAVE NO FURTHER LIABILITY.
FREIGHT POLICY
FREIGHT IS PREPAID ON ORDERS FOR A SINGLE SHIPMENT OF $900 or more of merchandise (before tax and freight) unless otherwise stated, to Purchaser's place of business anywhere in the contiguous United States,
using routing of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. Contact your local F.W. Webb Co. branch for further information.
Any extra charge incurred for additional
services, such as Purchaser's carrier or special handling at the destination, must be paid by consignee. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid.
Title and risk of loss pass to Purchaser on delivery to the common carrier. If product was damaged in transit, recipient must file claim with carrier.
ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:
EXPORT SALES TERMS AND CONDITIONS
ORDER ACCEPTANCE
It is acknowledged that no order shall be deemed accepted unless and until it is verified and
accepted by Victor Mfg. in a continental United States facility. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state
of acceptance.
SALES TAX
Victor Mfg. is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax
exemption certification is not on file.
PAYMENT TERMS
Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash
in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of Victor Mfg. prior to shipment payable by sight draft drawn against such letter of credit, or that Purchaser establish
satisfactory credit with Victor Mfg. prior to shipment. For Purchaser's with established credit, terms are net forty-five (45) days from date of shipment. At Victor Mfg.'s option, export orders may be subject to
special export payment terms and quotations. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars, and Victor Mfg. shall have the right to set-off and deduction for all sums owed. If
an open account Purchaser fails to make full payment within forty-five (45) days from date of shipment, Victor Mfg. may defer shipment of other orders, or cancel all or any part of any unshipped order until such
payment is made.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR
REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND VICTOR MFG. SHALL HAVE NO FURTHER LIABILITY.
FREIGHT POLICY
Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms) closest U.S. airport or port of exit from Victor Mfg. shipping warehouse, except Hawaii or Alaska, using local
shipping point and routing of Victor Mfg.'s choice. Freight is Prepaid on Orders for single shipment of $900 or more of merchandise (before tax, freight and handling charges). Other shipments are freight collect
from any F.W. Webb Co. branch. Purchaser shall be responsible for obtaining insurance. At Victor Mfg.'s option, freight policy for export orders may be subject to special terms and conditions. If any item is
backordered on an order qualifying for freight prepayment, that item will be shipped prepaid as Purchaser's exclusive remedy. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or
vessel in the United States. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company.
COUNTRY OF IMPORTATION
Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's purchase order. Purchaser agrees
that the products will be shipped to that destination in compliance with the laws of such country, and that there will be no re-export or diversion. If requested by Victor Mfg., Purchaser shall provide documentation
satisfactory to Victor Mfg. verifying delivery at the designated port of entry.
EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER
Notwithstanding
anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or
importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the
Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon Victor Mfg., unless expressly agreed to by Victor Mfg.
FOREIGN CORRUPT PRACTICES ACT
Purchaser acknowledges that it is not the agent of Victor Mfg. and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with
the resale of the products.
GOVERNING LAW; LIMITATIONS
These Terms and Conditions shall be construed, interpreted and performed exclusively according to
the laws, excluding conflict of law rules, of the Commonwealth of Massachusetts, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action
has arisen. The provisions of the Uniform Commercial Code as adopted by the Commonwealth of Massachusetts, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
DISPUTE RESOLUTION.
Actions by Victor Mfg. for nonpayment by the Purchaser of the purchase price of products sold by Victor Mfg., or for redress of other breaches
by the Purchaser of the Terms and Conditions of Sale, may be brought by Victor Mfg., at its option, before any judicial court of competent jurisdiction. At Victor Mfg.'s option, disputes between the Purchaser and
Victor Mfg., including all claims for non-performance by Victor Mfg., shall be finally settled by arbitration in Boston, Massachusetts, USA, under the Rules of the American Arbitration Association, which Rules with
respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent
provisions of the internal laws (except conflict of law rules) of the Commonwealth of Massachusetts, USA.
While efforts have been made to ensure the accuracy of this web site, due to its open nature, Victor
Mfg. does not warrant its accuracy. Please review our Terms of Access for additional information regarding this web site.
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