Terms and Conditions - Updated 1/3/14

DELIVERY:

J.W. Winco, Inc. ("J.W. Winco") will make every effort to meet or exceed the time frames shown. However, unforeseen circumstances may cause temporary delays. Normal parcel shipments will be sent by a reputable commercial freight carrier within 3 business days of shipment date. If Buyer requires a shorter delivery service, a variety of carrier options are available. Under no circumstances will J.W. Winco be responsible for or incur any liability for damages, costs or expenses of any nature (whether general, consequential, as a penalty or as liquidated damages or otherwise) due to any delays in delivery, or failure to make delivery at an agreed or specified time, which result from circumstances beyond J.W. Winco's reasonable control. Acceptance by Buyer of the items when received waives any claim for loss or damage resulting from a delay, regardless of the cause of the delay. If Buyer delays or suspends the shipment, Buyer will pay the invoice price for the items as per the payment terms, together with our handling and storage charges in effect. For shipments requiring LTL Collect, we will not be held responsible for items lost or damaged while under the care of carriers. All other export or overseas shipments will be routed per Buyer's request and expense. Same day delivery is available, upon request, depending on the time of the day and the destination. There is a $35.00 service charge for same day delivery, in addition to the regular freight charge. Customers wanting to use their collect number for carrier's shipping charges are required to provide said collect number in writing on a purchase order. If a customer provides an incorrect number, said customer accepts liability for reimbursement to J.W. Winco, Inc. for carrier's correction fee and associated shipping charges. In order to prevent any possible fraudulent claims and losses due to misuse, customers' carrier collect numbers will not be stored at J.W. Winco, Inc., and therefore will need to be provided in writing by the customer on each occasion of use.

FREIGHT TERMS:

For orders of $50.00 and over, all parcel shipments to all 50 states in the U.S.A. and Puerto Rico are FOB - destination and are freight prepaid. For orders less than $50.00, customers will be required to pay shipping costs. All standard shipping to Canada is free for orders of $50.00 or more. For orders under $50.00, there is a $9 processing fee. Services requiring a higher level of service than what is standard to your state, for example next day air, within the United States will be billed collect or at actual cost, plus insurance on merchandise over $100.00 in value. All LTL shipments will be billed collect. The risk of loss to the items (including damage or destruction thereto) passes to Buyer upon shipment.  Freight terms are subject to change without notice.

INTERNATIONAL ORDERS:

International orders are defined as requiring both a "bill to" and "ship to" address outside the United States, excluding Canada, Mexico and Puerto Rico. Minimum purchase order amount is $25.00. Orders under $350.00 will include a $25.00 international processing fee. Prices are quoted in U.S. Dollars, EX-Works Origin New Berlin, Wisconsin and risk of loss passes to Buyer upon delivery to the shipper. Shipping and handling charges are prepaid and added to commercial invoice. Orders may be shipped collect with customer's preferred collect account number and customer's carrier. Payments must be made in U.S. Dollars in advance. Buyer is responsible for all brokerage fees, taxes and duties.

CUSTOMER SATISFACTION GUARANTEE--RETURNS:

J.W. Winco's goal is to achieve total Buyer satisfaction. As long as standard catalog items are in good condition, Buyer can return the merchandise, within 60 days, freight prepaid, and J.W. Winco will issue full credit for the item not including freight charges. After 60 days all items will be charged a 25% minimum re-stocking fee. All returns must be approved by a J.W. Winco Sales Associate and have a return authorization number issued before the return of said goods. All returns must be returned via UPS-Ground with the return shipping charges prepaid and with reference to the J.W. Winco return authorization number and invoice number. On the return of merchandise from a foreign country, including Mexico and Canada, J.W. Winco will not be responsible for any brokerage fees and duty fees regardless of reason for return. Modified and special order items cannot be cancelled or returned. The risk of loss to the items (including damage or destruction thereto) remains with Buyer when returning catalog items until J.W. Winco receives the items.

LOSS, DAMAGE OR DELAY

J.W. Winco will not be liable for loss, damage or delay resulting from causes beyond its control or caused by strikes or labor difficulties, blackouts, acts or omissions of any governmental authority or buyer, insurrection or riot, war, fires, floods, acts of God, breakdown of essential machinery, accidents, embargoes, cargo or material shortages or inability to obtain labor, materials or parts from usual sources. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay. In the event performance by J.W. Winco under this Agreement cannot be accomplished by J.W. Winco due to any action of governmental agencies, or any laws, rules or regulations, J.W. Winco may, at its option, cancel this Agreement without liability.

PRICING INFORMATION:

All prices are subject to change without notice. Prices on scheduled shipments will be based upon the quantity purchased for each shipment, unless a blanket order price is agreed upon.

MINIMUM PURCHASE REQUIREMENT:

There is no minimum purchase requirement for U.S. customers.

PAYMENT TERMS:

Visa, MasterCard and American Express accepted. For businesses with approved credit ratings--1%/10 net 30 days. Click HERE to download the J.W. Winco, Inc. standard credit application. All other U.S. businesses--C.O.D. until proper credit has been established. A $20 fee will be charged for checks returned unpaid for insufficient or uncollected funds.

Individuals are welcome to order from J.W. Winco; however, payment must be made by Visa, MasterCard, American Express or C.O.D. All past due accounts will be subject to a 1.5% per month service charge or 18% per annum. Foreign Buyers may pay with Visa, MasterCard, American Express, wire transfer of funds, U.S. Cashier's Check or Letter of Credit. Any bank fees under a wire transfer are the sole responsibility of the Buyer.

BACKORDERS:

Items temporarily out of stock may be backordered. The balance of Buyer's order will be shipped within 24 hours from the time J.W. Winco has received Buyer's backordered parts.

CANCELLATION POLICY:

All standard stocked components can be cancelled at no charge before shipping, provided total order value is less than $5,000.00, if greater than $5,000 there will be a minimum 25% cancellation fee. Before shipping, all blanket orders on standard components are subject to a minimum 25% cancellation charge.

SPECIAL ORDER ITEMS:

Special order items of non-stock or modified parts are subject to a +/- 10% quantity shipping variance unless quoted otherwise. All special order items of non-stock or modified parts cannot be cancelled or returned.

SPECIFICATIONS:

All specifications are subject to change without notice.

GENERAL:

(a) No modification or waiver of these Terms and Conditions is valid unless expressly agreed to by J.W. Winco in writing. No waiver by J.W. Winco of any default under these Terms and Conditions is a waiver of any other or subsequent default.

(b) No agreement is formed hereunder unless Buyer's order is accepted by J.W. Winco in writing.

(c) The unenforceability or invalidity of one or more of the provisions of these Terms and Conditions will not affect the enforceability or validity of any other provision of these Terms and Conditions.

(d) THESE TERMS AND CONDITIONS CONTEMPLATE THE COMPLETE AGREEMENT BETWEEN J.W. WINCO AND BUYER AND NO ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS STATED BY BUYER SHALL BE BINDING UNLESS AGREED TO BY J.W. WINCO IN WRITING. No course of dealing, usage of trade or course of performance will be relevant to supplement or explain any terms used in these Terms and Conditions.

(e) These Terms and Conditions are governed by and shall be construed in accordance with the Uniform Commercial Code as enacted by the State of Wisconsin.

BUSINESS HOURS:

8:00 a.m. to 5:00 p.m. Central Standard Time, Monday through Friday. Various Holiday closings are observed.



Limited Warranty

LIMITED WARRANTY:

All products sold, are warranted by J.W. Winco, Inc. only to purchasers for resale or for use in business or original equipment manufacture, against defects in workmanship or materials under normal use for 90 days after date of purchase from J.W. Winco, Inc. Any part which is determined by J.W. Winco to be defective in material or workmanship and returned to J.W. Winco, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced. At J.W Winco's option the purchase price may be refunded. All returns must be pre-approved by an authorized J.W. Winco sales associate prior to return. All returns must reference the invoice number and return authorization number marked on the exterior of the package. Any damage or tampering to products resulting from improper packaging or handling will void any warranty or refunds at J.W. Winco's option.

LIMITATION OF LIABILITY:

The above limited warranty is in lieu of all other warranties, expressed or implied, and there are no warranties which extend beyond the face hereof. J.W. Winco will not be liable for incidental, consequential or special damages or for any loss, damage or expense arising from the sale, use or installation of the items or from any other cause whatsoever, whether based on warranty (expressed or implied) or otherwise based on contract or in tort. J.W. Winco expressly disclaims any liability for consequential and/or incidental damages for all the following, but not limited to, lost sales, lost profits and injury to person or property. J.W. Winco's liability is limited to, and shall not exceed, the purchase price of the product.

WARRANTY DISCLAIMER:

J.W. Winco has made diligent effort to illustrate and describe the products in this catalog accurately; however, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the products are merchantable, or fit for a particular purpose, or that the product will necessarily conform to the illustrations or descriptions. No warranty or affirmation of fact, expressed or implied, other than set forth in the limited warranty statement above is made or authorized by J.W. Winco, Inc. J.W. Winco does not warrant or represent that merchandise sold complies with any Law, including but not limited to, OSHA, the Walsh-Healy Public Contracts Act, and/or regulations promulgated thereunder.

NO WARRANTIES TO CONSUMERS:

J.W. Winco makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

ADVICE:

J.W. Winco assumes no obligation or liability for advice or assistance given or results obtained in connection with any goods sold. All such advice or assistance is given and accepted at Purchaser's risk. Any decisions as to use or installation of goods sold hereunder is that of the Purchaser.

CROSS REFERENCE INFORMATION:

Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

J.W. Winco, Inc. © 2010 | Terms and Conditions | Privacy / Disclaimer | ISO 9001:2008 | 1-800-877-8351