Terms & Conditions
1. GENERAL:
The following terms and conditions cover products manufactured by Spanguard Corporation Inc. hereinafter called WK2 Services Corporation. No modifications or additions to the Terms and Conditions will be binding unless agreed to in writing by WK2 Services Corporation.
2. QUOTATIONS:
All prices quoted are valid for a period of 30 days from the date shown on the face thereof, subject to confirmation after this period. All stenographic and clerical errors are subject to correction.
3. TAXES:
Sales and use taxes payable by the buyer by any taxing authority are not included in the sales price. The buyer shall pay the amount of any such taxes or shall reimburse WK2 Services Corporation for the amount we may be required to pay. In lieu thereof, Purchase shall provide a exemption certificate acceptable to the taxing authorities.
4. CANCELLATION:
Orders placed by the Purchaser and accepted by WK2 Services Corporation are not subject to cancellation unless agreed to in writing by SPANGUARD. Cancellations are not final until acknowledged by WK2 Services Corporation. Cancellations are subject to reasonable charges based on expenses already incurred and commitments by WK2 Services Corporation.
5. PAYMENTS:
Unless otherwise provided, terms of payment are 30 days net from the date of invoice for purchasers with approved credit. If shipment is delayed at the request of the Purchaser, payment shall become due when WK2 Services Corporation is prepared to ship the product. Past due accounts shall accrue interest until payment at a rate of 1.5% per month.
6. DELIVERY
Prices are F.O.B. Factory Tioga, Pennsylvania unless otherwise noted. Shipping dates are approximate only. WK2 Services Corporation shall not be liable for damages resulting from delays in shipments caused by fires, strikes, war, civil riot, Acts of Providence, or for consequential damages, or for other cause over which we have no reasonable control. The shipping date quoted is to be confirmed by our office at the time of placing order. Liquidated or consequential damages for late delivery are not acceptable to WK2 Services Corporation unless specifically acknowledged by in writing.
7. ACCEPTANCE & REVISIONS:
No order or other offer shall be binding upon WK2 Services Corporation until accepted in writing. WK2 Services Corporation will not accept changes in specification or design unless such changes are requested by the Purchaser and acknowledged by SPANGUARD in writing. The Purchaser agrees to pay, if necessary, an amount set by WK2 Services Corporation in addition to the original purchase price
8. LIMITED WARRANTY
WK2 Services Corporation, Inc. will repair or replace products and/or components of its manufacture which prove to be defective within a period of one (1) year from the date of shipment by WK2 Services Corporation. The purchaser may return the product to SPANGUARD at their expense when such defects are due to defective materials supplied by WK2 Services Corporation or defective workmanship of its employees. This is provided the products and/or components have been properly installed, maintained and utilized during the period covered by this warranty period. The warranty shall extend only to the original purchaser. WK2 Services Corporation shall in no event be responsible for the cost of field labor or other charges incurred by any party in removing and/or re-affixing any portion of the products to be returned by WK2 Services Corporation as aforesaid for repair or replacement. At all times, WK2 Services Corporation shall have and possess the sole right and option to determine whether to repair or replace defective equipment. Machinery, parts, accessories and components manufactured by others are warranted only to the extent of the original manufacturer’s warranty.
EXCLUSION OF OTHER WARRANTIES & RESPONSIBILITIES OF WK2 Services Corporation:
Except for the foregoing express warranty, SPANGUARD makes no warranties implied or otherwise of merchantability or fitness for any particular purpose, which extends beyond any description of the products furnished by SPANGUARD. No warranties or representations at any time made by any distributor or sales representatives of SPANGUARD shall be effective against SPANGUARD to vary or expand the foregoing express warranty or otherwise obligate SPANGUARD to any purchaser. SPANGUARD shall in no event be liable under this Limited Warranty, for claims, expenditures, or losses arising from operational delays or work stoppages or damage to property or people caused by defective products or for consequential or indirect damage of any nature whatsoever.