Acceptance of a Buyer’s order is expressly made conditional on assent to the terms and conditions set forth therein.

1. Willington Nameplate, Inc. (WNP) warrants its products that they:
a. will conform to all drawings and specifications agreed to and quoted by WNP, and
b. are free of defects in materials or workmanship.

2. The duration of this warranty is one year from date of delivery or as otherwise quoted.

3. Within a reasonable time after receipt of product believed to be non-conforming, WNP will determine if the product meets all specifications. If non-conforming, WNP will repair product proven to be non-conforming, or at its option, provide either:
a. replacement product; or
b. full refund of the purchase price.

4. WNP does not warrant:
a. defects or non-conformances caused by failure to provide a suitable installation environment for the product;
b. damage caused by disasters such as fire, flood, wind and lightning;
c. damage caused by unauthorized attachments or modification;
d. damage caused by any other abuse or misuse by the purchaser or any third party; or
e. failure or non-conformances of any product due to the effects of components not supplied by WNP.

5. The foregoing warranties are in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

6. Unless modified in writing and signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.

7. This agreement allocates the risks of product failure between WNP and the purchaser. This allocation is recognized by both parties and is reflected in the price of the goods. The purchaser acknowledges that it has read these Terms and Conditions, understands them, and is bound by their terms.

8. Orders will be billed for the quantity ordered. Any extras shipped over order quantity will not be charged to the customer.

9. All preparatory work and fabricating tools remain the exclusive property of WNP, even though paid for by the purchaser, unless otherwise agreed in writing.

10. WNP may, at its option, scrap tools and dies and all other preproduction and production aids not used for 3 years.

11. All artwork and other property are held at purchaser’s risk and WNP assumes no responsibility for loss or damage by fire, water or from other cause.

12. Title of merchandise passes to buyer at the point where WNP, delivers product to the customer or to the customer’s consignee for shipment. Any damage to or loss of product during shipment will be borne by the party responsible for shipment.

Form F-06-02 Terms and Conditions of Sale.docx
Rev. –
May 30, 2017