Limited Warranty and Liability Wavier
Form W-9 Request for Taxpayer Identification Number and Certification
Texas Sales and Use Tax RESALE Certificate
Wolf Pumps warrants to the original consumer of the products (if manufacturer’s) that the products will be free from defects in material and workmanship for the warranty period of one year from date of installation, or 18 months from shipment, whichever occurs first.
Our warranty will not apply to any product that has been subject to negligence, misapplication, improper installation or maintenance.
Buyer’s only remedy and Wolf Pumps’ only duty is to repair or replace defective products (at Wolf Pumps’ choice). For avoidance of doubt, Wolf Pumps’ warranty liability shall not exceed the total cost of the product. Buyer agrees to pay all labor and shipping charges associated with this warranty and to request warranty service through the installing dealer as soon as a problem is discovered. If warranty service is requested more than 30 days after
the warranty period has ended, it will not be honored. Wolf Pumps reserves the right to inspect all warranty claim products prior to authorizing credit or replacement.
WOLF PUMPS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR CONTINGENT DAMAGES WHATSOEVER.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED WARRANTIES. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL NOT EXTEND BEYOND THE WARRANTY PERIOD PROVIDED HERIN.
Certain states do not permit the exclusion or limitation of incidental or consequential damages or the placing of limitations on the duration of an implied warranty, therefore, the limitations or exclusions herein may not apply. This warranty sets forth specific legal rights and obligations, however, additional rights may exist, which may vary from state to state.
Neither Company nor its suppliers shall be liable, whether in contract or in tort or under any other legal theory, for loss of use, revenue or profit, or for cost of capital or of substitute use or performance, or for incidental, indirect, or special or consequential damages, or for any other loss or cost of similar type, or for claims by Purchaser for damag(;’)s of Purchaser’s customers. Likewise, Company shall not under any circumstances be liable for the fault, negligence, or wrongful acts of Purchaser or Purchaser’s employees, or Purchaser other contractors or suppliers
Freight and Shipping Policy
The term F.O.B. (Freight on Board) will mean the following for all orders shipped from the factory or the distribution centers:
F.O.B. Shipping Point – Without regard to who pays any freight charges, the risk of loss lies with the customer. Wolf Pump will always ship F.O.B. shipping point unless stipulated otherwise by the Customer Service Manager or National Sales Manager.
F.O.B. Destination – Without regard to who pays any freight charges, Wolf Pump assumes risk of loss until goods are delivered at the designated destination.
Note that payment of freight charges has been separated from the risk of loss. This is incumbent upon the purchasing party to make certain all shipments leaving the factory or the distribution center as “F.O.B. Shipping Point” are adequately insured, and that proper inspections, etc. are effected upon delivery of goods.
Payment of freight charges will fall into one of the following classifications depending upon circumstances regardless of the F.O.B. option specified:
Pre-paid (PPD) – Wolf Pump pays all freight charges for orders classified PPD. Examples are stock orders meeting the minimum qualifying amounts or special orders where Wolf Pump assumes payment responsibility.
Pre-paid and Added to Invoice (PPA) – Wolf Pump pays the freight charges upon shipment. However, the charges will be included on the invoice for the items shipped and the customer will then reimburse Wolf Pump.
Collect (COL) – Wolf Pump will not pay any freight charges for the shipment. The receiving party will pay the charges when the goods are delivered.
SHIPMENT ROUTING
Prepaid shipments will be routed via contract carriers. Collect shipments will be routed via contract carriers unless otherwise specified by customer. Routing must be specified at time of order submission. Best service and volume discount will be obtained if the selection of carrier is left to Wolf Pump Distribution Services. Routing requests are also limited by the capabilities and limitations of the various modes of transportation. All transit times are approximations.
INSURANCE
Common carriers are obligated to assume responsibility for goods they carry. The dollar limit varies by the carrier. For example: UPS orders greater than $100.00 are not covered (they are a small package carrier) unless we declare the value when shipping.
F.O.B. Origin (Common Carrier) – The common carrier assumes responsibility for the goods he transports and customers must recover damages from the carrier.
LOST SHIPMENTS
Wolf Pump’s responsibility on all surface and air freight shipments extends to actual shipping of the order. Tracing or follow up is the responsibility of the customer and the carrier. Nevertheless, you may always expect our full cooperation in helping to locate lost material. After allowing a reasonable amount of time for delivery, contact the Customer Service Department for tracing assistance.
Truck Shipment – Wolf Pump will provide you with the pro number, tracer number and details for the customer to trace the shipments through the carrier at the destination.
Air Freight and Air Express – Wolf Pump will provide the waybill number and details for tracing through the carrier at the destination.
UPS – Wolf Pump will initiate tracers through UPS. Tracers normally require thirty (30) days.
WOLF PUMPS
PO Box 490
Abernathy, TX 79311-0490