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Terms and Conditions of Sale

WRIGHT FLOW TECHNOLOGIES TERMS AND CONDITIONS OF SALE

The Company hereby certifies these goods were produced in compliance with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof.

Warranty

Wright Flow Technologies warrants all products manufactured by it to be free from defects in workmanship or material for a period of one (1) year from date of startup, provided that in no event shall this warranty extend more than eighteen (18) months from date of shipment from Wright Flow Technologies.  If during said warranty period, any products sold by Wright Flow Technologies prove to be defective in workmanship or material under normal use and service, and if such products are returned to Wright Flow Technologies factory at Cedar Falls, Iowa transportation charges prepaid, and if the products are found by Wright Flow Technologies to be defective in workmanship or material, they will be replaced or repaired free of charge, F.O.B. Cedar Falls, Iowa.

Wright Flow Technologies assumes no liability for consequential damages of any kind and the purchaser by acceptance of delivery assumes all liability for the consequences of the use or misuse of Wright Flow Technologies products by the purchaser, his employees or others.  Wright Flow Technologies will assume no field expense for service or parts unless authorized by it in advance.

Equipment and accessories purchased by Wright Flow Technologies from outside sources, which are incorporated into any Wright Flow Technologies product, are warranted only to the extent of and by the original manufacturer’s warranty or guarantee, if any.

THIS IS WRIGHT FLOW TECHNOLOGIES’S SOLE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, WHICH ARE HEREBY EXCLUDED, INCLUDING IN PARTICULAR ARE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No officer or employee of IDEX Corporation or Wright Flow Technologies is authorized to alter this warranty.

Price

Any prices applicable to, or quoted for, the material to be shipped hereunder are current, but the price in effect at time of shipment will apply.

Taxes

The amount of any present or future Sales, Use, or other similar tax applicable to the equipment sold hereunder shall be added to the purchase price and shall be paid by you in the same manner and with the same effect as if originally added hereto.

Deliveries

Delivery of the equipment hereunder will be using Incoterms, unless otherwise stated on the order, and thereafter risk of loss will be upon the purchaser.

Shipping dates given in advance of actual shipment are estimated and deliveries will be made subject to prior orders on file with us. Wright Flow Technologies reserves the right to ship orders earlier than the Promised Date unless the order is marked “Do Not Ship Before Promised Date”.

We will not be liable for delays resulting from fire or other causalities, labor or transportation difficulties, delays at our usual sources of supply, or without limitation by the foregoing, any other causes beyond our control.

Transportation Company’s receipt constitutes delivery after which our responsibility ceases.  Claims for shortage must be made within five days after receipt of goods.

Credit Terms

Buyer agrees to pay interest at the rate of 2 percent per month on any balance not paid and received within the stated payment terms.  Such interest shall be payable within 30 days from the interest invoice date.  Buyer and seller agree that whenever it is legally permissible that laws of the State of Iowa will be applicable as to the maximum rate of interest, which may be charged on sums payable under this contract.  In the event charging interest at the rate of 2 percent per month would be a violation of the law, buyer and seller agree the interest rate will be adjusted to the highest legal rate.  Buyer agrees to pay all legal fees incurred in the process of collecting unpaid and past due Wright Flow Technologies invoices.

The terms of payment are subject to the approval of our Credit Department and in case of doubt arising as to the purchaser’s financial responsibility, shipments may be suspended until satisfactory credit rating is established.

Cancellation Charges

If the customer has a legitimate reason for requesting cancellation of an order after it has been accepted and acknowledged, the Company’s written approval of cancellation must be obtained 30 days prior to scheduled shipping date.  The Company’s policy will be to assess a minimum cancellation charge of $25.00 when no work has been started, purchased materials have not been ordered, or if a stock product or part is cancelled.  On non-stock items the cancellation charge will be based on work completed and material purchased with a minimum charge of 10% of the original order.

Return of Products

Written authorization must be obtained from the Company before any Company product or other equipment used with the Company product can be returned for credit. Product that has been drop shipped from one of our partner suppliers must have an authorization from Wright Flow Technologies to be returned to the originating company following their procedure for returns.

When the Company products have been authorized for return and credit, they are subject to inspection and if found by the factory to be in first class condition, they may be subject to a restocking charge, amounting to 20% of the original net price or a $100.00 minimum restocking charge, whichever is greater.

Representation

Your order and this acknowledgement / invoice and acceptance constitute the entire agreement between the parties and we shall not be bound by any agent’s or employee’s representation, promise, or inducement not set forth in this agreement.

Export Control Warning

Wright Flow Technologies products and associated technical data are subject to U.S. Export Administration Regulations, and may not be exported or re-exported to destinations forbidden by the Department of Commerce’s Export Administration.  By purchasing Wright Flow Technologies products, you agree and warrant to Wright Flow Technologies that neither you nor your subsidiaries shall knowingly:

(1)   Export or re-export, directly or indirectly any technical data (as defined in Part
772 of the U.S. Export Administration Regulations), including the products, received from Wright Flow Technologies, or

(2)  Disclose such technical data, or

(3)  Export or re-export, directly or indirectly, any direct product of such technical data, to any destination or county to which the export or release of such technical data or products is restricted or prohibited by U.S. law.  The restricted countries and the prohibitions relating to exports to those countries are included in Part 740 of the Export Administration Regulations (15 CFR chapter VII, subchapter C).

Risk of Loss

Delivery of product to a carrier at the Wright Flow Technologies facility from which the product is shipped will constitute delivery to a customer.  Upon delivery of product to the carrier, all risk of loss or damage to such product will pass to and be borne by customer.  Wright Flow Technologies will not have any liability for any product after delivery to a carrier, including any liability for delays in transit to customer.  No loss, damage or delay in transit of product after delivery to a carrier will affect Customer’s obligation to pay the purchase price and other applicable charges.