Terms
and Conditions, Legal Disclaimer, and Privacy Policy
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All
goods and/or services sold by Weiner Distributing Company ("WDC")
to Buyer, and all purchase orders placed by Buyer for such goods
and/or services are subject to these Terms and Conditions. Buyer
agrees that the Terms and Conditions of any purchase order which
are in any way inconsistent or in addition to the Terms and Conditions
shall not be binding upon WDC and shall be inapplicable to this
sale unless it is expressly agreed to in writing by an authorized
officer of WDC.
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Unless
otherwise specified on the reverse hereof, payment is due upon
WDC's completion of each order. Late payment shall constitute
a default of this agreement and shall be subject to a late charge
at a rate equal to one and one-half percent (1 ½ %) per
month multiplied by the amount which is in arrears. If collection
efforts are commenced to enforce Buyer's performance, Buyer shall
reimburse WDC for all costs and expenses associated with said
enforcement, including attorneys' fees.
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In
the event Buyer defaults on this agreement, ALL monies which are
or shall become due to WDC arising out of any agreements or purchase
orders existing between the Buyer and WDC shall be immediately
due and owing irrespective of the payment terms recited on individual
agreements or purchase orders. Buyer agrees to indemnify WDC against
any claims by Buyer's customers or invitees, relating to or arising
out of use of equipment sold by WDC.
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All
equipment and materials must be inspected by Buyer upon receipt.
Any claim of shortage, damage, defect, or other deficiencies must
be made by Buyer at delivery or, if not delivered, at pick-up,
or are waived by Buyer. Buyer acknowledges that all decisions
concerning credits for the return of materials and equipment are
made at the sole discretion of WDC and that said return policies
may be modified or revoked at any time without notice. Buyer shall
incur a twenty-five percent (25%) restocking fee on all material
or equipment returned by Buyer to WDC for reasons other than WDC's
inability to cure a material defect, as provided herein.
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The
RISK OF LOSS of any goods purchased hereunder shall pass to the
Buyer upon delivery to Buyer at the designated and agreed location.
If the Buyer is to pick up the goods at WDC's facility, the Risk
of Loss passes to Buyer at pick-up or 24 hours after the Buyer
is notified that the goods are ready, which ever is earlier.
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As
a condition precedent to any claim by Buyer to void a sale/purchase,
Buyer agrees that WDC shall have a right to repair and/or cure
any defect claimed by Buyer as material. WDC shall only cancel
a sale and refund monies paid by Buyer in the event it is unable
to effectuate a repair or replacement within thirty (30) days
of having received written notice of the defect from the Buyer.
If the Buyer fails or refuses to allow WDC this period in which
to cure the defect and Buyer decides to cancel the transaction,
Buyer shall incur the restocking fee referred to above.
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Buyer's
sole remedy for any claim arising out of any sale, order, or installation
hereunder, shall be a refund of monies paid by Buyer to WDC for
said materials and/or installation. Buyer expressly waives its
right to claim consequential or incidental damages against WDC
for claims arising out of or relating to any transaction hereunder.
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With
the exception of any manufacturer's warranties passed through
by WDC to Buyer and any warranties expressly granted herein, WDC
expressly disclaims all warranties, expressed and/or implied,
including the implied warranties of merchantability and fitness
for a particular purpose.
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Buyer
indemnifies and holds WDC, its officers, directors, and stockholders
harmless from any and all actions, civil or criminal, claims,
liabilities, and losses including WDC's attorneys' fees, arising
out of the sale and/or use of materials and equipment purchased
hereunder, unless said damages arise solely from WDC's negligence.
Buyer assumes all responsibility and shall remit payment for any
state or local sales taxes and or duties/brokerage fees found
to be due on any transaction between WDC and Buyer for which WDC
does not charge Buyer pursuant to Buyer's representation.
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If
Buyer is a corporation or other legal entity, the individual(s)
whose signature appears or the reverse hereof, hereby personally
guarantees Buyer's compliance with this Agreement, including payment
of all charges and costs.
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This
Agreement shall be binding upon and inure to the benefit of WDC
and Buyer and their respective successors and assigns. This Agreement
shall be governed by the laws of the State of Maryland. Jurisdiction
and venue for any legal action arising out of or relating to this
Agreement shall reside exclusively in a Court of competent jurisdiction
in Baltimore City.
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The
waiver or acquiescence by WDC of strict compliance with any term
shall not constitute a waiver of any subsequent default or failure.
Legal
Disclaimer
The use of this
site is governed by the policies, terms and conditions set forth below.
Please read them carefully. Your use of this site indicates your acceptance
of these terms and conditions. These terms and conditions shall supercede
any subsequent terms or conditions. Weiner Distributing reserves the
right to make changes to this site and these terms and conditions
at any time.
This site is owned
and operated by Weiner Distributing. The Weiner Distributing logo
and product names refered to herein are the registered trademarks
of Weiner Distributing. Unless otherwise specified, all materials
appearing on this site, including the text, site design, logos, graphics,
icons, and images, as well as the selection, assembly and arrangement
thereof, are the sole property of Weiner Distributing, Copyright ©
1998-2002, ALL RIGHTS RESERVED. All other trademarks or service marks
are property of their respective owners. Weiner Distributing does
not make representations or give warranties regarding the use of this
web site. All content within this website is provided for use 'as
is' without warranty of any kind.
The use of any
Weiner Distributing trademark or service mark without Weiner Distributing’s
express written consent is strictly prohibited. Downloading, printing
or copying from this web site must be for noncommercial, personal
use only.
All software used
on the site is the sole property of Weiner Distributing or those supplying
the software. No materials from this site may be copied, reproduced,
modified, republished, uploaded, posted, transmitted, or distributed
in any form or by any means without Weiner Distributing’s prior
written permission. All rights not expressly granted herein are reserved.
Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
Weiner Distributing
shall be not be held responsible for typographical errors.
Links
are Not Endorsements
Please
note that once you leave this web site, Weiner Distributing accepts
no responsibility for the content, products, services or privacy policies
of non-Weiner Distributing web sites. Links to other web sites or references
to products, services or publications other than those of Weiner Distributing
do not imply the endorsement or approval of such web sites, products,
services or publications by Weiner Distributing.
Accuracy
and Changes
Facts and information on this web site are believed to be complete and
up-to-date. Weiner Distributing reserves the right to modify the information
on this web site at any time without notice. Any such modification shall
be effective immediately upon posting and your continued use of this
web site will mean that you accept these changes.
Severability
and Conflicts with other Terms
If
any provision of these Terms and Conditions is determined to be unlawful,
void or unenforceable for any reason, in whole or in part, then that
provision shall be severable from these Terms and Conditions and shall
not affect the validity or enforceability of the remaining provisions.
Conflicts between these Terms and Conditions and the specific terms
and conditions of any other agreements relating to Weiner Distributing
accounts, products and services, shall be controlled by the specific
terms and conditions of the other agreements relating to Weiner Distributing
accounts, products and services.
Privacy
Policy
The
Weiner Distributing website does not collect personal information about
you. Some pages of the Weiner Distributing website may use cookies to
store login information and for use in our webserver system. No personal
information (name, address, phone number, date of birth, job, interests,
financial information) is acquired by the use of these cookies. Weiner
Distributing considers any information that the viewer submits a valuable
and personal form of property. This information will not be made publicly
available for any reason. Weiner Distributing knows that you care how
information about you is used and we appreciate your trust that we will
do so carefully and sensibly.
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800-4-WEINER
410-525-2600
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