Terms & Conditions for Würth Action Bolt and Tool's Sales of Products

New Accounts: Access to the Würth Action Bolt and Tool online catalog does not necessarily constitute permission to purchase or an obligation to sell. Accounts will be deleted after 12 months of inactivity. A credit application is required to establish terms once an account has been deleted.

Terms/Payment Credit: Accepted methods of payment, unless otherwise advised, are company check, Visa, MasterCard, American Express, Discover, cash or cash equivalent. Unless otherwise stated, our terms are Net 30 from invoice date. Non-compliance with these terms may result in an account being relegated to COD terms. An account becomes past due after the 30th day from invoice date and may be subject to a finance charge of 1.5% per month ($1.00 minimum) on past due amounts. All orders are subject to approval by our credit department. We reserve the right to ship COD in the absence of a satisfactory credit rating. Non-stock special order items for COD accounts may require prepayment prior to ordering. Seller reserves the right to require full payment in cash before shipment or delivery. Our fee for a check returned unpaid, for any reason, is $35. We reserve the right to change prices on merchandise without notice. A COD account that requests to be notified of the total dollar value of a shipment prior to delivery will be called either before the close of business the day the shipment leaves the premises, or first thing the following business day. If a cash or certified check payment is required by Würth Action Bolt and Tool, shipment will not be released without buyer's prior consent.

Shipment; Title; Risk of loss. All shipping dates are approximate only and not guaranteed. Unless otherwise stated, title and risk of loss shall pass from Seller to Buyer once the Goods are loaded on the first carrier at Seller's facility. All claims for loss or damage in transit must be filed against the carrier by Buyer. Buyer shall pay freight, unless prepaid, and shall unload shipments promptly. Any increase in freight rates for shipments whether prepaid or not and all demurrage shall be borne by Buyer. Buyer may contact the local sales office for the current shipping fees and freight rates. FOB Shipping point.

Freight/Shipping Policy:

Warehouse Shipments: We reserve the right to make partial shipments of any items ordered unless the order is marked "ship complete". Items not shipped will be back-ordered at our discretion unless otherwise notified.

Shipments Delivered Our Truck: This service is only available in those areas immediately surrounding our distribution centers. The freight policy varies by center, so please contact your local branch for their specific terms

Via Air (Next Day or Second Day): These services are available upon request but at the full expense of the customer regardless of the merchandise value of the order. If interested in air shipping, the Würth Action Bolt and Tool Company Sales Department can be reached at your local branch to quote approximate charges. If the dimensional weight of a package exceeds the actual weight, the dimensional weight may be used to determine the freight charge.

*Merchandise Exceptions

Backorders: There are no freight charges on backorders of stock items, regardless of the value of the original order. COD, Hazardous Material Fees (see #5 below), and other fees may apply.

Factory Shipments: The freight terms on shipments made directly from the manufacturer, regardless of the size of the order, are governed by the individual manufacturer requirements. Buyer acknowledges and agrees that the actual item shipped from the factory may vary from the item shown in Seller's catalog or on the Seller's website. Seller may not increase the price by reason of such change without Buyer's consent.

Additional Fees:

COD Fee: Original COD orders shipped via small parcel will carry a minimum $17.50 COD fee. Original COD orders shipped via common carrier will incur a minimum $32.00 COD fee. Backorders from COD shipments will be shipped via prepaid freight, however, COD and any applicable additional fees will be charged. COD fees can be avoided by using VISA®, Master Card®, American Express® or Discover®.

Hazardous Item Fee: There are certain items in our online catalog that are subject to a hazardous material fee and must be specially packed and labeled by us for shipment. Due to these extra handling and labeling charges, a minimum $21.00 per box ground service "Haz Mat" fee will be added to the invoice, in addition to any other shipping and handling charges. These items will be marked with a

Hazardous Material pictograph. Würth Action Bolt and Tool Company maintains a complete and up-to-date file of Material Safety Data Sheets on all products we sell. Material Safety Data Sheets (MSDS) will be sent with each shipment containing a product listed as hazardous by the Department of Transportation or any product classified as "Consumer Commodity." All other Material Safety Data Sheets will be available upon request.

Shipping: Würth Action Bolt and Tool Company maintains a fleet of delivery vehicles to get your shipment to the jobsite or plant when you want it. Where appropriate, Würth Action Bolt and Tool Company will ship via UPS, Federal Express, or other forms of transportation to deliver your order on time.

Pickups/Will Calls: Each of our distribution centers has its own specific time guidelines for the processing of Pickup/Will Call orders, so please contact your branch for their exact schedule.

Delivery Dates: Shipping dates given in advance of actual shipment are estimates based on information received from our suppliers, and shall not be deemed to represent fixed or guaranteed shipping dates. Delivery dates are not guaranteed, and Seller shall not be liable to Buyer, or the ultimate user, for any claims arising from delay in shipment or delivery. If shortages should occur in Seller's supply of specific items, Seller may allocate its deliveries.

Claims: Goods in transit travel at the risk of the purchaser. Damage and/or shortage must be noted upon receipt and be countersigned by the delivering carrier's agent. We will be pleased to furnish any information or assistance needed to establish a customer's claim against the carrier. Within ten (10) days after tender of delivery to, or receipt of any shipment, and before any part of the material has been changed from its original condition, Buyer shall inform Seller in writing if the material is found to be defective or short in any respect. Failure to inform Seller, or use of the material shall be conclusive that Seller has satisfactorily performed. Seller is not liable for loss or damage in transit.

Product Returns: Würth Action Bolt and Tool will work with customers to accept the return of material for credit under the following conditions:

A. All returned products must:

• Be received by Würth Action Bolt and Tool in good resalable condition

• Have been purchased from Würth Action Bolt and Tool or Supplier Company

• Be in the manufacturer’s original packaging and in resalable condition

• Be a current Würth Action Bolt and Tool stock item and not have been:

o A “special order and/or non-stock”** item....”special orders” may not be returned

o Discontinued by the manufacturer either before or after sale to the customer

• Pass inspection upon receipt by Würth Action Bolt and Tool or Supplier

• Not be “cut-to-length or otherwise modified to customer specification

• Not be a clearance item

• Not be a perishable item. Return of perishable items will be subject to review based upon the product’s origin and shelf life

**Special orders and non-stocks are materials that neither Würth Action Bolt and Tool nor Supplier regularly carry in inventory. These items are ordered for the customer by Würth Action Bolt and Tool from the manufacturer upon a specific request from the customer. Würth Action Bolt and Tool’s manufacturers generally do not allow Würth Action Bolt and Tool to return these items to the manufacturer.

B. Only current stock items of reasonable quantity will be considered for return and credit C. Shortages and Claims:

• Any concealed damage, defective material or shortages must be reported with 48 hours of receipt.

• Freight damages or shortages must be reported to the carrier upon receipt of product. All packaging materials must be saved

as it maybe a requirement of the carrier for processing a claim.

 

D. Customers must receive a Returned Goods Authorization (RGA) from Würth Action Bolt and Tool prior to returning product for

credit. Upon contacting Würth Action Bolt and Tool, we will provide customers with a RGA number. All product returns must have an RGA number included with the return in order for the customer to receive credit.

In areas that Würth Action Bolt and Tool delivery vehicles operate, customers can have products returned without charge by giving return packages to the Würth Action Bolt and Tool delivery truck driver (after an RGA number is created).

F. Returns other than:

• Shipments of defective or damaged materials

• Shipments made in error by a Würth Action Bolt and Tool Employee(s) Will be subject to a handling/restocking charge according to the following schedule:

RGAs requested 1 to 30 days from purchase .....Fee of 20% of returned item (s) price RGAs requested 31 to 60 days from purchase....Fee of 30% of returned item (s) price RGAs requested 61 to 90 days from purchase....Fee of 40% of returned items(s) price

Würth Action Bolt and Tool will not accept for return any materials that were purchased greater than 90 days from the date of request for return.

G. Würth Action Bolt and Tool Power Tool Return Policy

Power tool products in original packaging may be returned for credit of the price of the tool within 30 days of purchase subject to the following limitations: 1) product and components must not show signs of abuse, misuse, modifications, cracked or cut cords, dents, scratches or damages by fire, mud or other foreign matter. 2) Some manufacturers may charge up to a 30% restocking fee.

In no event will returns of power tools be accepted after 30 days.

H. All credits for returned goods are subject to the approval of Würth Action Bolt and Tool Company. I. This return policy is effective May 1, 2008 and is subject to change upon written notice.

Limitation of Seller's Liability: Seller shall not be liable for damage to the person or property of the Buyer or others caused by merchandise bought from us or through us. Seller shall not be liable for any special indirect, incidental, or consequential damages, including (but not limited to) loss of profits or revenue, loss of use of the goods or related goods, damage or injury to the person or property of Buyer or others. In no event shall Seller be liable to Buyer or others for an amount that exceeds the price of the defective merchandise purchased from or through Seller.

Warranty/Limitation of Buyer's Remedies: Seller MAKES NO WARRANTIES, EITHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY relating to goods purchased from or through Seller. SELLER HEREBY EXCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer waives all claims against Seller relating to goods purchased from or through Seller, and agrees to assert all claims for breach of warranty, contract, or tort against the manufacturer of the goods. The parties agree that Buyer's sole and exclusive remedy shall be for the repair or replacement of defective goods by the manufacturer in accordance with the manufacturer’s customary warranty. All specifications and engineering information have been obtained from the product manufacturers for Buyer's convenience only. Seller does not assume responsibility for accuracy of the information provided by the manufacturer.

Taxes: Unless otherwise noted, prices do not include any present or future sales, use, excise, value added or similar tax. Where applicable, all such taxes shall be paid by the buyer. Buyer shall furnish evidence of exemption and have compliance documents on file with Würth Action Bolt and Tool Company, if applicable.

Performance: Seller shall not be liable for failure to perform or for delay in performance hereunder because of fire, weather, strikes, war, civil disturbance, or, without limitation of the foregoing, for any cause beyond Seller's reasonable control.

Indemnification: If Buyer uses goods purchased from or through Seller in an application or end-product, Buyer has the obligation to determine the suitability of the goods purchased for Buyer’s application by testing or other means, and to determine that the application or end-product meets all applicable industry standards for safety and durability. If Buyer uses goods purchased from or through Seller in an application or end-product, and their use results in damage or harm to the person or property of Buyer or others, Buyer agrees to indemnify and hold Seller harmless for all liability whether arising out of contract, tort, or other grounds. Buyer further agrees to indemnify and hold Seller harmless from all costs and expenses (including attorneys' fees) incurred by Seller in enforcing any of the provisions of these Terms and Conditions or in defending itself. If Buyer initiates a legal action against Seller, and Buyer does not prevail, Buyer will indemnify Seller for all costs and expenses (including attorneys' fees) incurred by Seller to defend itself..

Samples: Requests for sample merchandise valued under $1.00 will be sent at no charge, freight prepaid. Requests for merchandise valued over $1.00 will be sent with the handling charge waived, however there will be a charge for freight and the merchandise.

Ordering:

To help facilitate the handling of your orders, choose the ordering method that is convenient for you:!

Telephone: Call the nearest Würth Action Bolt and Tool Company branch servicing your area, Monday through Friday, 7:00 AM to 5:00 PM EST. When calling, it is helpful to specify the style, size, color (if applicable), and a complete description of the item you are ordering. Reference to this online catalog or to the Würth Action Bolt and Tool printed item numbers.

Product Representations: Pictures and content were compiled from data furnished by the manufacturers presented herein and Würth Action Bolt and Tool Company assumes no responsibility nor makes any representations as to the accuracy of the specifications of the products. All illustrations and descriptions are for the sole purpose of identification, and Würth Action Bolt and Tool Company does not represent that the products will necessarily conform to the illustrations or descriptions. While the Würth Action Bolt and Tool Company makes every effort to populate its print and online catalogs with the highest quality images and most accurate content, the color and disposition of products on the Würth Action Bolt and Tool website are subject to the settings and hardware of the computer used to display them. Any digital or printed copy of an image from the Würth Action Bolt and Tool Website should be used as a guide, not a guarantee.

Stock: It has always been the policy of Würth Action Bolt and Tool Company to maintain a complete, adequate stock of inventory. However, there are many items which we do not display on this website that are available from our manufacturers. We invite all inquiries which you might have.

Invoicing: Würth Action Bolt and Tool Company can invoice you using standard invoicing procedures, summary invoicing, email, and by credit card, including American Express, Visa, Discover and Mastercard.