1. SHIPMENTS: All shipments are F.O.B. Shipping Point. Unless specified, Hayward will use a carrier we believe best able to serve you. Hayward shall not be liable for failure to deliver or delays in delivering occasioned by acts of God, war, labor difficulties, inability to obtain materials or any other causes whatsoever beyond our control.
2. CLAIMS: All claims must be made in writing and received by Hayward within 10 days after receipt of merchandise. If a shipment is received in a damaged condition, a claim must be filed with the delivering carrier and noted on the freight bill before you accept the merchandise.
3. TWO YEAR WARRANTY: All products manufactured by Hayward are warranted against defects in material or workmanship for a period of two years from date of shipment. Our sole obligation under this warranty is to repair or replace, at our option, any product or any part or parts thereof found to be defective. HAYWARD MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty set forth above is the only warranty applicable to Hayward products and in no event shall Hayward be liable for any delay, work stoppage, cartage, shipping, loss of use of equipment, loss of time, inconvenience, loss of profits of any direct or indirect incidental resulting from or attributable to a breach of warranty. The remedies under this warranty shall be the only remedies available. OUR MAXIMUM LIABILITY SHALL NOT IN ANY
EVENT EXCEED THE CONTRACT PRICE FOR THE PRODUCT.
4. RETURNS: All returns must be accompanied by a Material Safety Data Sheet (MSDS) supplied by the End User, and a Return Goods Authorization (RGA) form which must be obtained from Hayward prior to shipment. Non-warranty returns of Price Code A items are not allowed. Non-warranty returns of Price Code B & C items will be allowed subject to a 25% restock charge. As
an alternative, a replacement order of twice the value of the returned goods may be placed. Minimum restock charge is $50.00. Unauthorized returns will not be accepted. Freight must be prepaid. Only standard products may be returned for credit, if in original condition and resalable.
5. CANCELLATIONS: Cancelled orders will be subject to a charge of 30%.
6. TERMS: 2% 10 days, net 30 days. A 1-1/2% per month service charge, subject to applicable law, will be applied to all past due invoices. You shall be liable for reasonable attorneys’ fees incurred by us in collecting any past due invoices.
7. TAX: Any Federal or State Excise or Sales Tax for which we may be liable on any sale will be charged to and paid by the buyer. Buyer is responsible for furnishing tax exempt or resale certifi cate.
8. FREIGHT ALLOWANCE: Freight cost will be allowed on orders with a net billing of $2,000.00 (US Dollars) or more, with our choice of carrier, in the continental United States with the exception of Alaska.
9. MINIMUM BILLING CHARGE: $50.00 net.
10. PRICING: Pricing and specifications of products are subject to change without notice. All orders are subject to prior sale and credit approval.
11. GENERAL: Any sale shall be governed by the laws of the State of New Jersey (without regard to its conflict of laws rules).
Any representation, promise, modifi cation or amendment of these Terms and Conditions of Sale shall not be binding upon us unless in writing and signed on our behalf by a duly authorized representative. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by you, unless Hayward expressly consents in writing to such a variance.