CONDITIONS OF SALE
The terms and conditions contained herein constitute the entire agreement between Hayward Pipe & Supply and its customer. Hayward Pipe & Supply will not be bound by any terms of customer’s order to purchase. No form of acceptance except Hayward Pipe & Supply’s written acknowledgement sent to customer, or Hayward Pipe & Supply’s commencement of performance, shall constitute valid acceptance of the customer’s order. Any such acceptance is expressly conditioned on assent to the terms hereof and the exclusion of all other terms. The customer shall be deemed to have assented to the terms hereof, whether or not previously received, upon accepting delivery of any product shipped by Hayward Pipe & Supply.
Hayward Pipe & Supply shall not be liable for delay or failure in performance whatsoever due to acts of God, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, explosion, epidemics, or other occurrences beyond Hayward Pipe & Supply’s reasonable control or due to unforeseen circumstances.
Hayward Pipe & Supply makes no claim as to the suitability for purpose of its product, nor does Hayward Pipe & Supply make any guarantees with respect to the level of performance of its product utilized in any given application or use by its customer.
Price quotations are valid for 30 days. Quantity price discounts may apply to purchase orders with single or multiple ship dates for up to 90 days. Quantity discount rates may vary depending on product type.
Hayward Pipe & Supply may change its pricing at any time without prior notice to customer, but such changes shall not affect any accepted orders, except as noted below.
All prices are exclusive of taxes and all handling or other charges, including (without limitation), brokerage fees, tariffs, taxes, and transportation charges.
All price quotations are based on the quantities on hand at the time of quotation and are subject to change.
For shipments 14 days after acceptance of a written purchase order, all prices are subject to price change at time of shipment.
All prices are subject to change whenever there is a change or modification to the original accepted purchase order.
We understand that our customers trust us to hold or secure pricing; however, Hayward Pipe & Supply cannot predict future market conditions and will not be held responsible for price increases due to market conditions such as increased cost of raw materials, labor disputes, material shortages and other conditions outside of our control.
Written purchase orders are required for all purchases. Each purchase order shall constitute a firm offer and shall indicate specific products, quantity, price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, and any other special instructions. Any contingencies contained on such order are not binding upon Hayward Pipe & Supply. All orders are subject to acceptance by Hayward Pipe & Supply, who will accept or reject orders according to Hayward Pipe & Supply’s then current practices.
Order Changes and Alterations
Purchase order changes affecting product configuration, quantity, shipping date, or payment terms must be authorized by Hayward Pipe & Supply in advance and may be subject to additional charges and/or price adjustments. Maximum period a blanket purchase order is valid is twelve (12) months. Changes to scheduled ship dates for blanket purchase orders must be made at least four (4) weeks in advance. Order cancellations are subject to cancellation penalties and price adjustments for product already shipped. Purchaser is obligated to accept any product built and held in inventory at Hayward Pipe & Supply, and for any components ordered for non-standard product.
All shipments are FOB shipping point. Shipping costs and the risk of loss from FOB point are the responsibility of the customer. Hayward Pipe & Supply shall be permitted to make partial shipments of products. Delivery shall be deemed completed upon transfer of possession to the carrier at the FOB point. All claims for shipping discrepancies, shortage of products ordered or for incorrect charges must be presented to Hayward Pipe & Supply within ten (10) calendar days after receipt by customer. Mode and route of dispatch are decided by us to the extent no other written agreement exists.
Upon receipt of purchase order, Hayward Pipe & Supply will provide an estimate of lead-time until delivery. Shipping dates are estimates only. While this is not a binding commitment, Hayward Pipe & Supply will make every effort to make delivery based on this lead-time estimate. Accelerated deliveries may be available with an expedite fee. Late delivery does not entitle the customer to cancel the order or to claim damages. Hayward Pipe & Supply is not obligated to pay any contractual penalty should it delay in delivering product. Hayward Pipe & Supply may ship all the goods at one time or in portions from time to time. Seller will have the right to determine the method of shipment and routing of the goods unless otherwise specified by Buyer.
If Hayward Pipe & Supply is unable to finish and ship the goods to Buyer on time because of anything Hayward Pipe & Supply cannot control (such as casualty, labor disputes, accidents or unavailability of supplies or transportation), the estimated delivery time will be extended accordingly, and Hayward Pipe & Supply will not be liable to Buyer for any damages caused by the delay.
Payment for all products and services shall be in U.S. dollars.
Upon credit approval by Hayward Pipe & Supply, standard payment terms shall be net thirty (30) days from the date of invoice, including invoices for partial shipments. Hayward Pipe & Supply reserves the right to change or alter payment terms at any time, without prior notice. All changes become effective immediately upon such change.
Orders may be subject to payment in advance or cash on delivery.
Any delinquent invoice is subject to additional charges not to exceed the maximum permitted by law.
First time customers must pay by credit card, COD, or money order.
Buyer is not entitled to withhold payments for guarantee or other Claims of any kind or to set off with counterclaims.
Unless otherwise noted, Hayward Pipe & Supply warrants products to be free of defect in workmanship. The customer must make all claims under these warranties, and no claim will be accepted from a third party. Warranties are non-transferable. Hayward Pipe & Supply will repair or replace product, provided customer notifies Hayward Pipe & Supply of defect within warranty period and pre-authorizes return of product as outlined in “Returns” section. Any product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the product.
Hayward Pipe & Supply’s liability is limited to the replacement cost of product. Hayward Pipe & Supply is not responsible for consequential damages.
Hayward Pipe & Supply, in its sole discretion, will determine whether any product is defective. The acceptance by Hayward Pipe & Supply of any product returned is not an admission that the product is defective, and if Hayward Pipe & Supply determines the product is not covered by this Limited Warranty, the product will be returned to the Buyer at Buyer’s expense.
Hayward Pipe & Supply makes no warranty on products for which another manufacturer furnishes a separate warranty.
Failure to meet payment obligations voids all warranties and does not extend the Limited Warranty period when payment is made.
Hayward Pipe & Supply assumes no obligation or liability for advice or assistance given or results obtained in connection with goods sold hereunder. All such advice or assistance is given and accepted at the Buyer's risk. Any decision as to use or installation of goods hereunder is that of the Buyer.
Warranty ceases to exist immediately if the object delivered is altered or overhauled.
Products being returned must be pre-authorized by contacting Hayward Pipe & Supply for a Return Material Authorization (RMA) number.
Return credits will be applied to the customers account. Refunds will not be issued except by written agreement prior to the return of goods.
Standard product returns are subject to a re-stocking charge.
Custom, Special Order and Counter Sales products may not be returnable.
Products being returned must be packaged properly.
All returns are subject to shipping and handling charges.
No returns will be accepted for used items, except under limited warranty, and a RMA number.