Wireline Accessories and Sales, LLC
General Terms and Conditions
All transactions between you the Customer (“Customer”) and WIRELINE ACCESSORIES AND SALES, LLC, Inc. (“WIRELINE ACCESSORIES AND SALES, LLC”) are subject to the following General Terms and Conditions.
1. All prices are expressed in United States dollars, and are F.O.S. Midland, Texas, at WIRELINE ACCESSORIES AND SALES, LLC’S option. Prices are subject to change without notice, and prices in effect at time of delivery / shipment will apply. Special Quotes given on items not shown in WIRELINE ACCESSORIES AND SALES, LLC’S catalog are valid only for the period specified in writing, or 30 days if no period is specified in writing.
2. Terms are net 30 days, to established accounts with approved credit. Terms to customers without established credit are Cash on Delivery. (Minimum $50.00 Invoice on all cash or credit sales.)
3. Invoices not paid within 45 days of the invoice date will bear interest at the maximum contractual rate of interest and at our discretion will be placed on a C.O.D. basis. Any invoices not paid within 60 days will be placed on a permanent C.O.D. basis and liens will be filed, when legally available. If unpaid amounts are turned over to an attorney for collection, Customer shall pay all costs of collection, including reasonable attorney’s fees and court costs.
4. Title to items sold and risk of loss and damage shall pass to Buyer upon delivery by WIRELINE ACCESSORIES AND SALES, LLC to common carrier or Buyer, as the case may be, except that title to (but not risk of loss) shall in the case of items supplied upon credit terms not pass until payment in full has been received by WIRELINE ACCESSORIES AND SALES, LLC.
5. No credit shall be given for any Item returned unless returned with the prior written approval of WIRELINE ACCESSORIES AND SALES, LLC. Risk of loss or damage in respect of any item returned with WIRELINE ACCESSORIES AND SALES, LLC’S authorization will remain with Customer until actually received by WIRELINE ACCESSORIES AND SALES, LLC. A charge of not less than twenty five percent (25%) with a minimum of $10.00 per item will be charged on all Items returned, to pay for cost of inspection, repacking, restocking, handling, credit arrangements, etc. If freight and other transportation costs are not prepaid on any returned item, the cost thereof will be deducted from the credit Issued. No credit will be given on any non-standard items manufactured at the request or to the individual specifications of Customer. Explosive items cannot be accepted for return to stock. Credit for returned items is applied against outstanding credit of the Customer or towards Customer’s future purchases only. No cash refunds will be made for returned items.
6. Customer agrees to assume all risks incident to the care, handling and use of all products purchased; and warrants, by purchase of an item, that Customer is familiar with the Item and its proper use. Before using any item, Customer shall give such item reasonable and prudent examination and/or tests to determine the suitability of item for Customer’s intended use. Any item delivered to Customer shall be deemed accepted by Customer unless written notice of defect or nonconformity is received by WIRELINE ACCESSORIES AND SALES, LLC within thirty (30) days of date of delivery. Customer assumes all risk and liability in connection with an item from time of delivery to Customer.
7. Customer agrees to indemnify WIRELINE ACCESSORIES AND SALES, LLC and save WIRELINE ACCESSORIES AND SALES, LLC harmless and free from liability against any and all claims, damages or assertion of liability of every nature whatsoever to persons or property arising out of or in connection with the handling or use of all such products as WIRELINE ACCESSORIES AND SALES, LLC may cause to be delivered to Customer, including but not limited to, any and all claims based on asserted defects of material or workmanship of such products.
8. All shipments and/or delivery dates are subject to WIRELINE ACCESSORIES AND SALES, LLC’S availability schedule. WIRELINE ACCESSORIES AND SALES, LLC will make every reasonable effort to meet delivery dates quoted; however, WIRELINE ACCESSORIES AND SALES, LLC will not be liable for its failure to meet any quoted delivery date, or for any delay in performance due to any unforeseen circumstances or any causes beyond WIRELINE ACCESSORIES AND SALES, LLC’S control including strike, lock-out, riot, war, fire, acts of God, accident, failure or breakdown of parts necessary for completion, subcontractor, supplier, Customer caused delays, inability to obtain labor, materials or manufacturing facilities, or compliance with any law, regulation or order, whether valid or invalid, or any deemed suspended during and extended for such time as any such circumstances or causes exist. Whenever such circumstances or causes have been remedied, WIRELINE ACCESSORIES AND SALES, LLC will resume performance and Customer hereby waives any claim for loss or damages Customer may have for failure to timely perform.
9. WIRELINE ACCESSORIES AND SALES, LLC provides the following limited warranty, to the original purchaser only, and hereby warrants that the equipment, materials or supplies that are the subject of this sale are free from defects in material or workmanship. The duration of this warranty is 90 days from the date of the Invoice. If the Buyer discovers within this period a failure of the equipment, materials or supplies to conform to specifications or a defect in material or workmanship, Customer must promptly notify WIRELINE ACCESSORIES AND SALES, LLC in writing. In no event shall such notification be received by WIRELINE ACCESSORIES AND SALES, LLC later than 180 days from the date of the Invoice. Within a reasonable time after such notification, WIRELINE ACCESSORIES AND SALES, LLC will correct any defect in materials or workmanship with either new or used replacement parts. Such repair, including both parts and labor, is at WIRELINE ACCESSORIES AND SALES, LLC’S expense. All warranty service shall be performed only after obtaining prior written consent of WIRELINE ACCESSORIES AND SALES, LLC. If WIRELINE ACCESSORIES AND SALES, LLC is unable to repair the equipment, materials or supplies to conform to the warranty after a reasonable number of attempts. WIRELINE ACCESSORIES AND SALES, LLC will provide, at its option, one of the following: A replacement for the equipment, materials or supplies alleged to be defective or full refund of the purchase price. These remedies are the customer’s exclusive remedies for breach of warranty.
10. WIRELINE ACCESSORIES AND SALES, LLC does not warrant any product, components or parts not manufactured by WIRELINE ACCESSORIES AND SALES, LLC and covered by a manufacturer’s warranty. WIRELINE ACCESSORIES AND SALES, LLC does not warranty damage caused by use of any equipment, materials or supplies for purposes other than those for which the equipment, materials or supplies were designed. WIRELINE ACCESSORIES AND SALES, LLC does not warrant damage caused by disasters such as fire, flood, wind, and lightning. WIRELINE ACCESSORIES AND SALES, LLC does not warrant damages caused by unauthorized attachments or modifications to the equipment, materials or supplies. WIRELINE ACCESSORIES AND SALES, LLC does not warrant damage during shipment. WIRELINE ACCESSORIES AND SALES, LLC does not warrant any other abuse or misuse by the Customer. WIRELINE ACCESSORIES AND SALES, LLC does not warrant defects caused by failure of Customer to follow all instructions, maintenance schedules, or warnings provided with the equipment, material or supplies.
11. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS TO A PARTICULAR PURPOSE.
12. In no case shall WIRELINE ACCESSORIES AND SALES, LLC be liable to any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include but are not limited to, loss of profits, loss of savings or revenue, loss of use of the equipment, materials or supplies or any associated equipment cost of capital, cost of any substitute equipment, materials or supplies, facilities or services, downtime, the claims of third-parties including the Customers of Customer and injury to property. This limitation does not apply to damages caused by breach of warranty of title or to claims for personal injury. Some states do not allow limits on warranties or on remedies for breach of certain transactions. In such states, the limits in this paragraph and in the paragraph immediately preceding may not apply.
13. Any action for any breach of contract by WIRELINE ACCESSORIES AND SALES, LLC or any breach of warranty must be commenced within 365 days of the date the tender of delivery of the equipment, materials or supplies is made.
14. Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, in all other communications between the parties relating to the subject matter of this agreement. No employee of WIRELINE ACCESSORIES AND SALES, LLC or any other party is authorized to make any warranty in addition to those made in this agreement.
15. The failure of WIRELINE ACCESSORIES AND SALES, LLC to enforce any or all of the above terms and conditions in a particular instance or instances shall not be construed as a waiver of any such term or condition.
16. This agreement allocates the risk of product failure between WIRELINE ACCESSORIES AND SALES, LLC and the Customer. This allocation is recognized by both parties and is reflected in the price of the goods. The purchaser acknowledges that it has read this agreement, understands it and is bound by its terms.
Revised September 1, 2020