Terms and Conditions
Sale: Terms and Conditions
In these Conditions of Supply all references to:
- ‘the Seller’ is Weld-Rite, Inc.
- ‘the Buyer’ is the person, firm or company by whom the order is given to the Seller.
- ‘goods’ are to the goods which are the subject of the order.
- ‘services’ are the services which are the subject of the order.
- ‘supply‘ are the supply for such goods and/or services.
All contracts for supply shall incorporate these Conditions which represent the complete agreement of the Seller and Buyer with regards to the supply (the “Contract for Supply”). These conditions shall override any terms and conditions stipulated, incorporated or referred to by the Buyer in any order, correspondence, negotiations or any other way.
Weld-Rite will strive to maintain the quoted prices; however, prices are subject to change, without notice, due to various factors including costs of material, special processing and/or manufacturing services. Prices and availability information received from WR sales representatives do not constitute legally binding offers. All prices are quoted in USD.
Unless other terms have been agreed to, minimums are $400 per order and $150 per line.
Payment terms are net thirty (30) days from date of invoice, subject to approval of Buyer’s credit. Shipments to a Customer who have not established credit terms will be Cash on Delivery (COD). Unpaid invoice balances will be subject to any collection costs or fees incurred (unless special terms have been arranged). Accounts with unpaid balances over 60 days will be placed on credit hold. WR reserves the right to modify or withdraw credit terms and/or credit limits at any time without notice.
No Returns will be accepted by Weld-Rite, Inc. (WR) unless authorized with a Return Merchandise Authorization (RMA) number. Defective material must be reported within 30 days of receipt and any shortages must be reported within 10 days of receipt. Liability is limited to replacement of, or credit for, such material and in no case shall exceed the invoice value for such material. Accommodating returns must be requested within 30 days with a minimum 20% re-stocking fee applied.
WR shall not be liable for delays in delivery due to causes beyond the supplier’s reasonable control. Rescheduled orders are subject to cancellation/reschedule fees contingent upon WR’s discretion. All orders will be shipped UPS Ground prepay and add, unless other arrangements have been made.
All liability and costs associated with the shipment of uninsured packages which are lost in transit will be at the expense of the Buyer.
Customer agrees to comply with all United States laws and regulations including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Such products may not be exported or re-exported to a national or resident of any country to which the United States embargoes goods without appropriate approvals or licenses. Customer is responsible for complying with any local laws in Customer’s country, which may impact Customer’s right to import, export, or use the parts.
Preservation of Product:
WR preserves the product during internal processing and delivery to the intended destination in order to maintain conformity to requirements. As applicable, preservation shall include identification, handling, packaging, storage, and protection. Preservation of product also includes, where applicable in accordance with product specifications and applicable statutory and regulatory requirements, provisions for detection and removal of foreign objects, shelf-life control, and stock rotation. Nonconforming parts are physically segregated from conforming parts.
WR hereby certifies that to the best of our knowledge the products delivered conform to the requirements of the applicable specification in accordance with the customer, manufacture, and/or government drawings and standards. Product drawings, government standards, and inspection evidence are subject to availability in the files of WR. The liability of WR’s is limited exclusively to replacement of any item which is rejected because of a defect in material or workmanship. Replacement shall constitute satisfaction of all liability that WR has in connection with such items sold and in no event shall WR be liable for special, indirect or consequential damages. By receiving delivery of goods covered by this invoice, Buyer assents to the terms and conditions set forth on this page.
The Buyer agrees to indemnify the Seller against any loss, damage, costs, claims or expenses incurred by the Seller in respect of liability established against the Seller by a third party arising out of or in connection with the contract of supply.
Purchase: Terms and Conditions
Purchasing documents clearly describe the products and services being ordered and clearly states Weld-Rite, Inc. (WR) requirements. Applicable information regarding requirements for approval of product, procedures, processes and equipment, part number or other precise identification shall be noted on the face of the purchase order. WR will not pay for over shipments without prior approval.
Quality Management System:
The supplier quality management system shall be in compliance with ISO9001, AS9100, AS9120 or equivalent unless prior approval by WR has been granted.
Testing, Inspection and Verification:
The supplier has determined and maintained a process to ensure proper testing, inspection and verification of products supplied to WR. Inspection shall make use statistical techniques for product acceptance and related instructions for acceptance by the organization.
Customer Designated or Approved External Providers:
If applicable, the supplier shall use customer designated or approved external providers of products, including process sources.
Prevention of Suspected Unapproved, Unapproved, and Counterfeit Parts:
The supplier shall have in place a process to prevent the use of suspected unapproved, unapproved, and counterfeit parts.
Evidence of Qualification of Personnel:
The supplier has determined implemented, and maintained a process to ensure competence of personnel performing work-affecting quality and provides training or takes other actions to satisfy these competency requirements. The supplier shall also ensure personnel are aware of their contribution to product conformity, safety and the importance of ethical behavior.
Packaging and Shipping:
Seller will package, mark, and ship all product(s) in a manner which is in accordance with good commercial practice for protection of product(s) received. Seller shall mark all containers with necessary lifting, handling, and shipping information.
Provision of Product Integrity and Traceability:
All documentation shall be in English. When applicable, all products supplied by the supplier must be legible and traceable to the manufacturer with full lot traceability. Paperwork traceability must be maintained at the supplier’s facility. Supplier must provide Manufacturer Certificate of Conformance (CofC) and Test Reports (T/R) upon request. WR prohibits any purchase, shipment, or circulation of counterfeit/suspect unapproved products.
Shelf-Life Sensitive Material:
All shelf-life sensitive material received at WR shall have at minimum of 85% shelf-life upon receipt. Cure date and expiration date must be stated on documentation provided with all shipments.
Certificate of Conformity, Test Reports or Authorized Release Certificate:
The supplier shall supply a Certificate of Conformity, Manufacture CofC, Test Reports, or Authorized Release Certificate with all products provided to WR, unless prior approval has been granted.
Notification of Changes to Processes, Products or Services:
The supplier will notify WR of any changes to processes, products, or services, including changes of their external providers or location of manufacture.
Notification of Design Changes:
Suppliers with design authority are required to notify WR if any proposed design changes affect fit, form, function, or safety of the product. Suppliers must obtain prior approval from WR, before manufacturing and delivery of any design changes.
Specifications, drawings, and process requirements used in production shall be the most current Revision at the time of production, unless otherwise specified on the Purchase Order. Product must be certified to all applicable part numbers and current revisions including, but not limited to manufacture part numbers, military standards, and customer part numbers.
Notification of Nonconforming Material:
No product shall be shipped under a Purchase Order which contains material that departs from drawings or specifications. The supplier will provide WR notification of any proposed deviation of material and receive consent by WR to manufacture and ship nonconforming material. The supplier shall be responsible for any additional costs, such as re-stocking fees incurred due to use of such nonconforming material. Should the supplier discover that nonconforming material has been delivered to WR, it is the suppliers’ responsibility to notify WR immediately.
Flow Down of Requirements:
Supplier is required to flow down the quality requirements of WR Purchase Orders, and WR customer requirements, to any subtier sources or processors used in the production of the order.
Right of Entry:
WR, its Customers, and regulatory authorities reserve the right to perform audits and/or inspections at the suppliers’ facilities. These audits and/or inspections are performed to determine if the product supplied conforms to the Purchase Order requirements and may include certifications inspection and/or test reports along with any other relevant documents indicating product performance.
Records will be retained as directed by government and/or regulatory agencies. The minimum retention period for WR is 10 years.
Ship quantity tolerance is +/ – 0% without written approval.