The terms and conditions set forth herein (these “Terms and Conditions”) govern the terms of sale for all goods and services purchased by the Customer from Wesnic Incorporated. (“Wesnic”) located at 6000 Bowdendale Ave, Jacksonville, Florida 32216. Wesnic’s acceptance of any purchase order received from Customer is expressly subject to and conditioned upon these Terms and Conditions. These Terms and Conditions shall control over any conflicting terms and conditions of purchase proposed by the Customer, and any terms and conditions of purchase proposed by the Customer that conflict with, alter, or add to the these Terms and Conditions are expressly rejected, unless such additional or conflicting terms are expressly acknowledged and agreed to in writing by Wesnic and signed by Wesnic’s duly authorized representative. Wesnic’s sales order as to an order of goods, Wesnic’s invoice or invoices as to such goods, and these Terms and Conditions are collectively referred to herein as the “Contract.”
The original purchaser of Wesnic is protected against defective workmanship for a period of one year from the date of shipment. Warranty on products not manufactured by Wesnic (including without limitation upholstery material) is not covered by Wesnic and governed solely by the guarantees or warranties, if any, of the manufacturer. Wesnic will accept no responsibility for durability of Customer’s-Own-Material (C.O.M)
We will replace or repair defective furniture covered by this warranty during the above stated periods on conditions that, (i) customer notifies Wesnic within 30 days of discovery of a defect and (ii) the furniture or defective portion is returned promptly as directed, charges prepaid. In no event shall liability under this warranty exceed the original purchase price of defective product.
Immediate written notification of any defect is required. Upon receipt of the written notification, Wesnic will send you written instructions concerning your return of the defective product. MERCHANDISE RETURNED WITHOUT WRITTEN NOTIFICATION WILL BE REFUSED. No deductions for repairs in field will be allowed without specific written authorization. This warranty does not apply to furniture damaged by accident, abuse, neglect, or misuse, nor does it apply if repairs are attempted by purchaser or by anyone other than an authorized Wesnic employee.
To the extent purchaser supplies or modifies the standard specifications for any products, Wesnic expressly disclaims all representations and warranties related to such products or their design whether express or implied except that the products shall be manufactured in accordance with purchaser’s specifications.
Wesnic shall not be liable for any property damage whatsoever or claims of any kind whether based on contract, warranty, or tort including, without limitation, Wesnic’s own negligence or otherwise, or for any loss or damage arising out of, in connection with, or resulting from the contract or purchasing agreement, or from any services or goods covered by or furnished under the Contract. Customer agrees to indemnify and hold harmless Wesnic against any and all liability associated therewith whatsoever whether based on contract or tort, and whether resulting from Wesnic’s negligence or otherwise including, without limitation, all claims made by any third party.
All quotations are good for 30 days, unless extended in writing. After receipt of a written order, prices will not be changed up for 120 days from receipt of the order.
Prices may change without prior notice. Pricing includes selections from our standard color palette. Optional colors and custom color matches are available for an additional fee and may extend lead-time. Contact our corporate office for more information. All prices are F.O.B. points of manufacture.
Wesnic orders are subject to price increase after engineering/product development is complete and approved by designer, end user and purchaser. Modifications in price will be handled via Change Order
Changes in quantity or specifications may affect pricing.
Wesnic collects sales taxes in AL, CA, CO, CT, FL,GA, IL, MA, MD, MI, NC, NJ, NV, NY, OH, PA, SC, TN, TX, and VA. Sales tax is estimated on quotes. Actual tax will be charged on final invoice and shall be payable by the Purchaser. U.S. customers must provide valid sales tax exemption or resale certificate to remove liability for taxes in these states. It is the customer’s responsibility to pay applicable sales taxes to the local taxing authority.
As of October 15, 2018, special orders from China will have current tariff charged based on date received at U.S. port.
Any unforeseen changes to tariffs, newly implemented tariffs after quotation or ordering of product will be passed to the customer. Feel free to call us if you have any questions or concerns regarding current tariffs.
If an order is to match a previous shipment, it must be clearly stated on the contract or purchasing agreement. Please supply original invoice number and date.
Periodically we make changes to existing product designs in order to improve the general construction of our product. In this event, product may vary slightly from catalog/website photos.
We make an effort to fill all sample orders promptly. Samples are supplied on firm orders only; must be paid for and cannot be returned for credit.
Orders under $5,000.00 require prepayment. Orders $5,001.00 and over are 50% down, 40% due prior to shipping, balance net 30 days from date of shipment, subject to credit approval. Wesnic accepts checks, wire transfers and ACH Payments. A 3.5% convenience fee will be added to credit card charges exceeding $5,000.00. Discounts are not offered.
Balance on invoices not paid within the set terms or within an alternate period of time as determined and indicated by Wesnic, shall incur interest at a rate of 18% per annum. Purchaser shall pay all costs and expenses paid or incurred by Wesnic in collecting any amounts due for goods purchased by Purchaser, including without limitation, reasonable attorney’s fees and collection costs.
All of our prices exclude freight unless otherwise noted.
Wesnic is a supplier and ships via common carrier. Customer is responsible for offloading and installing unless otherwise indicated in the customer’s contract or purchasing agreement with Wesnic.
All orders ship upon completion of fabrication. A one-week grace period may be available, after which storage fees will apply.
ARE DROP-SHIPPED – UNLOADING, ASSEMBLY AND INSTALLATION ARE THE BUYER’S RESPONSIBILITY.
Arrange to have adequate staffing available on the day of delivery to unload all products. Unless you arranged in advance for lift-gate or inside delivery, it is your responsibility to unload the truck. The driver is not required to assist you. You will be invoiced any additional service fees if the driver provides lift-gate or inside delivery without prior arrangements.
DO NOT REFUSE SHIPMENT! Refusal to accept an order from the carrier does not relieve you of responsibility for payment. Refusing your shipment without our prior knowledge and written consent will result in additional freight charges to your account. This will include a refusal fee and a re-delivery fee. If you need to delay the delivery of your product, call us immediately to make the necessary arrangements. Additional fees may be charged such as storage or re-consignment fees if product has already been shipped.
Notify us within 24 hours of delivery upon finding any concealed damage in your shipment. Take clear photos of any damaged item(s) and email them to your sales representative and to email@example.com.
No merchandise can be returned without written authorization from Wesnic. Returns may be subject to a restocking fee of 30-100%. Custom or “Made to Order” products cannot be returned.
All shipments are F.O.B factory. While we will do everything possible to insure your order arrives in good condition and on time, we cannot be held responsible for freight damage or delays.
When you receive an order, please follow these steps:
It is the Customer’s responsibility to note any visible damage from shipping, missing or incorrect items on the Delivery Receipt or Bill of Lading before the driver leaves. If you sign for the shipment without the word “DAMAGED” OR “MISSING” ITEMS, there is no recourse. Claims for missing or damaged items will not be processed by the freight carrier if not specified appropriately.
Notify our office at 1-800-874-8558 immediately of any missing or damaged items. Please keep all shipping materials and original product packaging until the inspection is completed. We also require any photos of any product(s) that may have been damaged during the delivery and a copy of the signed delivery receipt.
In the event of any litigation arising out of or related to any order, shipment, or contractual obligation, the exclusive venue and jurisdiction shall be in the Circuit or County Court, Duval County, Florida, U.S.A. The prevailing party in any such litigation shall be entitled to recover their attorneys’ fees and costs.
Wesnic shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control including, without limitation, fire, weather, accident, act of public enemy, act of terrorism, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, act or omission of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government office or body.
Mounting hardware is only available on a limited number of products. Please consult the installation recommendations or contact our corporate office to confirm. In the event hardware is provided, it MUST be used for proper installation.
Refer to Care and Maintenance guidelines for more detailed information and instructions.