SHIPPING: F.O.B. Wichita, KS. UPS, freight truck or customer requested carrier. If special transportation is requested, the additional cost will be assumed by the customer.
TERMS: NET 30 DAYS for approved accounts after invoice date. (No discount on freight or handling charges.) Interest at maximum rate permitted by law will be charged on delinquent accounts. Terms of payment are not based on receipt of shipment. Cash discount allowed only if paid in accordance with terms. Transportation delays are beyond our control after shipment is picked up from our dock. For loss or damage, make claim on your freight agent.
MINIMUM ORDERS: $30.00
SHORTAGE CLAIMS: Any claims for shortages or loss must be reported within 10 days of receipt of shipment. Claims for in transit loss or damage should be handled directly with the carrier.
CONDITION OF ACCEPTANCE: All orders subject to acceptance at our general office, Wichita, KS and our ability to ship. Product specifications, design, prices, discounts and terms are subject to change without notice.
PERFORMANCE: WVN tooling is manufactured to perform the work for which designed and to last as long as is consistent with ordinary wear. Any tooling found defective in workmanship or material when returned to the factory, transportation charges prepaid, will be repaired, replaced or credit given at our option.
RETURN OF GOODS:
Winona Van Norman (WVN) warrants products manufactured and sold by it to be free from defects in material and workmanship for a period of twelve months from the date of shipment, except that parts sold for the repair or replacement of existing equipment will only be warranted for a period of 90 days from the date of installation. However, expendable tooling items and all cutting tools are not war-ranted, and are sold “as is”. If, upon inspection by WVN, any warranted product shall prove defective in materials or workmanship during the warranty period, that product shall be repaired or replaced at WVN’s option if the buyer, at its sole expense, returns the products to WVN’s factory or such other place as WVN designates. Such repair or replacement shall be WVN’s sole obligation and the buyer’s exclusive remedy under this warranty.
This warranty supersedes all prior oral or written agreements, statements, promises, advertising or representations.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND WVN EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTYOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THE DESCRIPTION OF THE FACE HEREOF.
WVN’s liability in contract, in tort (negligence, strict liability, or any other theory), under any warranty, or under any other legal or equitable theory of whatever type, shall not exceed the purchase price paid by buyer, and under no circumstance shall WVN be liable for special, indirect, incidental or consequential damages. The amount of the purchase price of the equipment is determined in part by the fact that buyer has agreed to so limit seller’s liability.
No action arising out of any transaction under this agreement may be brought by purchaser more than one year after the cause of action has accrued.
Some states do not allow an exclusion or limitation of consequential or incidental damages, so the above limitation of liability may not apply to you.
The Standard Equipment Tooling Packages listed are correct and supersede all other lists contained in product literature. Prices shown do not include any State or Local Excise, Sales or Occupational Taxes imposed on the sale, use or ownership of the articles and materials covered thereby and are subject to the addition of such taxes where applicable.
Contact Factory or Territory Manager for “Replacement Parts” prices. Prices subject to change without notice. We reserve the right to make continuing changes in our products without incurring any obligation on units previously sold.
WARNING: Equipment offered is potentially dangerous, especially in the hands of untrained personnel. Always be certain that the operator is trained in its operation and has read, studied and understands all operational instructions and warnings supplied with this equipment. If any of this material is unclear, contact the factory for clarification before use. Additional copies of Operators Manuals and Warning Decals are available from the factory. Failure to heed the warnings may result in property damage and personal or fatal injury. Choice of Law and Selection of Forum – This agreement and all the rights and obligations hereunder, including matters of construction, validity and performance shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of Kansas and the exclusive jurisdiction of Sedgwick County, Kansas.
Severability – In the event any paragraph, term, condition or portion thereof shall be found to be illegal or void as being against public policy, such paragraph, term, condition, or portion thereof shall be stricken and the remainder of this document shall stand as the original.