Terms & Conditions
These terms and conditions apply to Western Weather Group Inc., Chico CA USA
These General Terms and Conditions are set forth in an effort to create a clear hassle free experience for our customers. They apply to all products, supplies or services (collectively, “Products”) furnished by WWG to any WWG customer (“Customer”).
In ordering, receiving, or accepting the Products, Customer agrees to these General Terms and Conditions. If the need arises for WWG to adopt your organization’s terms and conditions, WWG will only be bound to those by agreement in writing, and corresponding pricing will reflect any additional responsibility and risk.
These General Terms and Conditions, together with WWG’s price quotation, Customer’s Purchase Order (absent any conflicting terms or conditions included therein), WWG’s order acknowledgment, and WWG’s invoice form the entire agreement between WWG and Customer with respect to the purchase of the Products, and all other terms, conditions, and/or representations, whether written or oral, express or implied, are excluded.
WWG’s prices are subject to change without notice. WWG’s price quotations, unless earlier withdrawn, shall be open only to unqualified acceptance by Customer in accordance with these General Terms and Conditions, and only within the period specific in the quotation (or, if no such period is specified, within a period of 30 days from the date of the quotation). WWG’s prices and quotations do not include any charges or bill-able items from third-party purchasing agents, and WWG reserves the right at any time to adjust pricing and quotations to account for any such third-party purchasing agent charges or billable items. WWG prices and quotations are subject to Customer credit approval.
All orders are accepted with cash paid in advance or other immediately available funds, or upon such other terms as the parties may agree. WWG may, in its sole and absolute discretion, extend credit to Customer. Customer’s application for credit, available at www.westernweathergroup.com/credit-application , requires completion of a WWG credit application and a current balance sheet. If credit is extended, payment terms will be Net 30, unless otherwise specified by WWG. Customer will be charged a finance fee of 1½% per month of any amount past due until paid. Customer shall be responsible for all collection costs, attorney fees, and other reasonable costs incurred by WWG in pursuing collection of any past due amounts, including those incurred by WWG in initiating a collection lawsuit, which amounts shall be added to the balance due by Customer and paid by Customer. In the event Customer’s account balance is delinquent, WWG may, in addition to WWG’s other remedies at law and remedies provided herein, put the Customer’s account on hold, and the Customer will not be able to make additional purchases on the account until the Customer’s balance, including any interest and fees, is paid in full. WWG may, invoice for any equipment upon acknowledgement of the shipment from the manufacturer.
WWG accepts the following credit cards: Corporate Purchasing Cards, VISA, and MasterCard. Customer’s ability to pay by credit card is available at www.westernweathergroup.com/pay .
WWG’s prices and quotations do not include sales, use, excise, or other taxes that pertain to the locale of Products covered hereby, or, in lieu thereof, provide WWG with tax exemption certificates acceptable to WWG. If WWG is required to pay any taxes with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the Products sold to Customer, the Customer shall promptly pay the amount thereof to WWG upon demand.
All Products are shipped FOB Origin, with freight and insurance prepaid and added to the invoice as a separate item. The cost of any special packing or special handling caused by Customer’s requirements or requests shall be added to the amount of the order.
WWG may comply with Customer requests for special and/or custom invoicing, subject to a $50.00 fee per special/custom invoice.
Risk and Title
Risk of loss or damage to the Products shall transfer to the Customer from the time of delivery or deemed delivery. Any and all claims for Products lost or damaged in transit should be made by Customer to the carrier, as risk of loss transfers to Customer, and WWG’s responsibility ceases, upon WWG’s tender of Products to Customer, to Customer’s representative, or to a common carrier. Ownership of the Products shall not pass to the Customer until WWG has received payment in full for the Products and all other sums due to WWG from the Customer on any account. Until transfer of title in the Products, the Customer shall ensure that the Products are kept safe, secure and insured.
Customer shall, at its own expense, supply WWG with all necessary documents, permissions, materials, and data, or other information reasonably requested by WWG, to allow WWG and/or its agents and representatives to provide any services related to the Products, such as installation and training, and Customer will provide suitable working accommodations at the location the services will be performed.
With some exceptions, unused Products may be returned within sixty days of purchase with prior authorization (RMA) by the factory. Returned Products must be suitable for resale as new. A 15% restock fee will be charged ($50.00 minimum) on all re-turns. Credit will be given only to the billing party on the invoice. Credit will not be given for cables or tubing cut to Customer-specified lengths, or for services performed on Products, such as extended temperature testing. Products that may not be returned include, but are not necessarily limited to, the following: cellular transceivers, antenna cables, software, consumables, services, obsolete Products, specially modified versions of standard hardware, and Products that are otherwise designated as non-returnable or non-restockable.
By acceptance of the Products, Customer grants WWG a security interest in the Products, until payment in full, continuing if the collateral becomes part of a whole, product or mass, together with all proceeds and/or products, and, upon failure to pay as agreed, WWG shall have all rights and remedies of a secured party under applicable law.
Priority of Terms
In the case of a conflict between these Terms and Conditions and the terms and conditions of any applicable quotation, order acknowledgment, invoice, price list, product manual, or RMA, then, as to the conflicting terms only, the terms and conditions of the quotation, order acknowledgment, invoice, price list, product manual, or RMA, as may be applicable, shall govern.
For more information, call 530.342.1700 or contact us.