GENERAL WARRANTY

Products of Weldon (An Akron Brass Company) are guaranteed against mechanical, electrical and physical defects (excluding consumable components) for a period of 24 months from the date of manufacture. Weldon will correct by repair or replacement, at its discretion, equipment or parts which fail because of mechanical, electrical or physical defects, provided that the goods have been properly handled and stored prior to installation, properly installed and properly operated after installation, provided further that Buyer gives Weldon written notice of such defects after delivery of the goods to Buyer. Weldon may examine any goods upon which a claim is made in the same condition as when defect therein is discovered, and may require the return of the goods to establish any claim. Weldon's obligation under this guarantee is limited to making repair or replacement within a reasonable time after receipt of such written notice and does not include any other costs such as the cost of removal of defective part, installation of repaired product, labor or consequential damages of any kind, the exclusive remedy being to require such new parts to be furnished. Weldon's liability under no circumstances will exceed the contract price of goods claimed to be defective. Any returns under this guarantee are to be on a transportation charges prepaid basis. For specific product warranty exceptions, please contact Weldon Technologies, Inc. For products not manufactured by, but sold by Weldon, warranty is limited to that extended by the original manufacturer.


THIS IS WELDON'S SOLE GUARANTEE AND WARRANTY WITH RESPECT TO THE GOODS; THERE ARE NO EXPRESS WARRANTIES OR WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES OTHER THAN THOSE MADE EXPRESSLY HEREIN. ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.

REPLACEMENT AND RETURN PROCEDURE

All products to be returned for repair or replacement must be authorized by Weldon Technologies, Inc. prior to their return.

  1. To obtain a return authorization, call Weldon at 800.989.2718 and request a return good authorization (RGA) number. This RGA number must accompany each and every product returned to Weldon in order to receive credit, a replacement product or a repair.
  2. Include a brief description of the defect.
  3. Include your name, company, address and daytime phone number.
  4. Ship all packages to Weldon freight prepaid.
  5. All returned products should be shipped to:


    Weldon Technologies, Inc.
    RGA No. _______
    3656 Paragon Drive
    Columbus, OH 43228

CANCELLATIONS
If an order is cancelled within two weeks of shipment, a cancellation fee of 25% or $50.00, whichever is higher, will be assessed.

WELDON STANDARD TERMS AND CONDITIONS OF SALE
These Standard Terms and Conditions of Sale shall take precedence over any additional or conflicting provisions, terms, or conditions offered by Buyer or contained in any of Buyer’s order forms except for instructions related to quantity or shipping of the goods. Any reference to "Supplier" herein shall mean Weldon, a division of Akron Brass Company.

1. Payment Terms: Net-balance payable 30 days from date of billing, or as established by Supplier’s credit department. In the event shipments are less than whole lots, pro rata payments are due from Buyer as shipments are made, and if shipments are delayed by Buyer said pro rata payments are due on the date when the Supplier is ready to ship. Prices quoted do not include taxes.

2. Cancellations: Supplier will assess a 25% cancellation fee or $100.00 cancellation charge; whichever is greater, to any and all cancelled orders of Supplier’s standard goods that are canceled within thirty (30) days of the scheduled ship date. Custom or proprietary goods carry a 100% cancellation penalty if canceled within thirty (30) days of the scheduled ship date. Buyer’s cancellation notice to Supplier must be in the form of standard mail or facsimile to Supplier’s main office in Columbus, Ohio. Supplier will then confirm the cancellation and the cancellation fee due from Buyer.

3. Freight: The goods shall be delivered F.O.B. Supplier’s Columbus, Ohio plant. Title to the goods shall pass to the Buyer at the time Supplier delivers the goods to a common carrier for shipment in accordance with Buyer's instructions. In recognition of the fact that shipping dates are approximate, Supplier's liability shall not extend to any loss or expense incurred by Buyer due to Supplier’s production or other delays.

4. Returns: Supplier’s Customer Service Department must authorize all returns in advance, with a Returned Goods Authorization (RGA) number assigned. Goods must be returned freight prepaid. Goods returned without a RGA number will not be accepted by Supplier’s Receiving Department and will be shipped back to the original shipper at their expense. Non-warranty returns shall be assessed a 15% restocking fee; and goods may not be returned after one year from the original sale date.

5. Warranty: The Supplier warrants that for a minimum period of twenty-four (24) months from the date of manufacture, goods sold hereunder will be free from defects in materials and workmanship. Supplier produces multiple goods, some having warranty periods beyond twenty-four (24) months; please call the Customer Service Department to obtain the exact warranty length for specific goods. All warranty periods commence from the date the goods were manufactured. The sole and exclusive remedy of the Buyer for a breach of the Supplier’s warranty hereunder shall be the repair or replacement, at the Supplier’s option, of any defective or non-conforming goods. This warranty shall apply only where the Buyer has returned the goods under a RGA, shipping costs prepaid by the Buyer, along with a detailed written notice of the alleged defects or deficiencies within ninety (90) days after such defect or nonconformity is discovered. This warranty does not extend to any goods that are considered by Supplier to be consumable or wear goods, or to goods that have been subjected to abuse, misuse, neglect or accident, or to any goods that has been repaired or altered by other than the Supplier. THE WARRANTY SET FORTH IN THIS PARAGRAPH IS THE SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.

THE SUPPLIER SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, IRRESPECTIVE OF WHETHER THE ALLEGED BASIS FOR LIABILITY IS FOUNDED ON WARRANTY, CONTRACT, TORT, STATUTE, REGULATION, EQUITABLE CONSIDERATION OR ANY OTHER THEORY.

6. Indemnification: The Supplier will indemnify, defend and otherwise hold harmless the Buyer from all cost, loss, damage or liability arising from any proceeding or claim brought or asserted against the Buyer to the extent such proceeding or claim is based on an allegation that the goods, as sold and delivered by the Supplier, infringe any patent, copyright, trademark or trade secret, provided the Buyer (i) promptly notifies the Supplier of any such proceeding or claim after it becomes known to the Buyer; and (ii) provides all the assistance and cooperation that the Supplier may reasonably request; and (iii) agrees that Supplier shall have sole control of the defense of any proceeding or claim. The Supplier shall not be liable to the Buyer under any provision of this paragraph to the extent that any claim is based upon: (1) a use for which the goods was not designated by the Supplier; or (2) an alteration of the goods by the Buyer or a third party which such alteration is the basis for the alleged infringement; or (3) any sale or use of an outmoded goods for which the Supplier offers non-infringing goods with the same functional characteristics or for use in the same applications. Further, should the Buyer be enjoined from using goods furnished by the Supplier because of an infringement, the Supplier shall at its own expense procure the right to continue using the goods or replace or modify the goods so that they become non infringing, or at the Supplier's option, refund to the Buyer the purchase price of such goods. The Supplier shall have no further liability to the Buyer for intellectual property infringement other than as expressly set forth in this paragraph.

The Buyer agrees to indemnify, defend and hold harmless the Supplier from and against any and all cost, loss, damage, injury, claims, liabilities, or demands (including the cost, expenses and reasonable attorney’s fees on account thereof) which may be made against the Supplier which are alleged to arise out of or relate to: (i) any representation, warranty statement or covenant made by the Buyer to any person regarding the goods or any applications thereof in excess or derogation of those permitted hereunder, unless the Supplier expressly approves in writing such representation, warranty, statement or covenant; and (ii) any negligent or other wrongful act or omission of the Buyer and its agents; and (iii) any change made in the goods (or the Supplier provided documentation) by the Buyer without the Supplier’s express written consent or Buyer’s use of the goods in a manner or application for which the good s was not designed for by Supplier.

7. Force Majeure: Except for payment obligations, the consequences, direct or indirect, of labor troubles, fires, accidents, floods, war, shortage or transportation failure, suspension or curtailment of production due to shortage or supply of raw materials or other economic factors, government acts or requirements and any and all like or different causes beyond the control of the parties hereto shall excuse performance by either party to the extent by which performance is prevented thereby. Supplier will advise Buyer of any such delays and will revise delivery schedules accordingly.

8. Export: Goods purchased or received under these Standard Terms and Conditions of Sale may be subject to export control laws, restrictions, regulations and orders of the United States. Buyer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Buyer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the goods sold hereunder. Buyer shall be responsible to obtain any license to export, re-export or import as may be required.

9. Governing Law: These Standard Terms and Conditions of Sale shall be governed and construed in all respects in accordance with the laws of the State of Ohio and each party hereby submits to the non-exclusive jurisdiction of the courts of the State of Ohio. The provisions of the United Nations on contracts for the International Sale of Goods ("CISG") and the Contracts (Rights of Third Parties) Act of 1999 are expressly excluded from this Agreement, if otherwise applicable.

10. Termination: Supplier, in its sole discretion, may evaluate Buyer's financial condition and may cancel any order if in Supplier's judgment the Buyer would be unable to meet its obligation, unless the Buyer shall upon written notice immediately pay for all goods delivered or shall pay in advance for all goods not delivered in accordance with Supplier's discretion.

11. Severability: The provisions of these Standard Terms and Conditions of Sale are severable. Should any court of competent jurisdiction hold any of these clauses to be unlawful, such holding shall not invalidate all of the clauses, but rather, the unlawful clause shall be severed and the remaining provisions shall be
fully enforceable.

12. Miscellaneous: These Standard Terms and Conditions of Sale is the entire agreement between the parties and supersedes all prior agreements, correspondence and understandings relating to the subject matter hereof. No failure by either party to take any action or assert any right hereunder shall 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. Any amendments to these Standard Terms and Conditions of Sale must be made in writing and signed by a duly authorized officer of the Supplier. The headings herein are for convenience only and shall not affect interpretation.

13. A $50.00 minimum order requirement applies to all shipments. Shipments under $50.00 will be assessed a $25.00 fee.


Weldon, a division of Akron Brass & Akron Brass Company are ISO 9001: 2000 Registered Companies