Orders, Shipping and Returns
WE ARE A SUPPLIER ONLY: As a supplier only, we are not subject to subcontractor terms and conditions or retainage fees. The customer is responsible for completeness, accuracy and conformity to their plans and specifications. We will not proceed with orders until all details such as materials, options, colors, etc. are complete and accurate.
ORDER ACCEPTANCE: All orders must be in writing and are subject to acceptance by Graber Manufacturing, Inc. (Graber Manufacturing) Waunakee, Wisconsin. No verbal orders will be accepted.
PURCHASE ORDER TERMS: All terms and conditions of any purchase order, or other writing, issued by the buyer which are inconsistent with, in addition to, or different from the terms and conditions set forth here, are null and void. The signing of any such buyer purchase order by Graber Manufacturing, Inc. only indicates the acknowledgement of order.
PRICES: All prices are FOB from Graber Manufacturing’s factory and are in U.S. dollars unless otherwise indicated on quote. Prices are subject to change without notice. Shipments will be made at prices prevailing at the time of the shipment.
TAXES: Graber Manufacturing will collect all taxes required by local state and federal law. In taxing jurisdictions where Graber Manufacturing is not required to collect tax, all taxes are the responsibility of the buyer. If buyer is tax exempt it is buyer’s responsibility to notify Graber in a timely manner and buyer must provide a valid tax exemption certificate prior to shipment. Graber is unable to remove sales tax from an invoice once an order ships and therefore will not issue a refund for exemptions sent in after the product has shipped.
PAYMENT TERMS: Full payment is due at the time an order is placed unless buyer is a tax-supported government entity or a company with approved credit. If buyer is a tax-supported government entity or a company with approved credit net is due 30 days from date of invoice. Service charge of 1.5% per month on all invoices after 30 days. Graber Manufacturing accepts American Express, MasterCard and VISA. A 3% credit card processing fee may apply. Graber Manufacturing reserves the right to change payment terms at any time if necessary.
CANCELLATION: Cancellation of orders will not be accepted without prior written authorization. Cancellations are subject to a 30% to 100% charge depending on costs incurred by Graber Manufacturing at time of cancellation. Special custom orders cannot be cancelled. A 3% credit card processing fee may apply to any refunds issued.
LEAD TIMES: Given ship dates are only estmates based upon existing production demands and material availability as of the date of order and shall not be considered contractually binding. GRABER MANUFACTURING SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE DAMAGES OR OTHER COSTS INCURRED BY CUSTOMER RESULTING FROM DELAYS IN PRODUCTION.
RETURNS: Returned product will not be accepted without prior written authorization. A return of standard product is subject to a 30% to 70% restocking charge. Returned product must be received in the same condition as originally shipped and must be shipped with freight charges prepaid by buyer. Special custom product cannot be returned.
FREIGHT: Freight charges as determined by the carrier may be prepaid and added to the invoice if desired. Unless specific instructions are given, shipment is made in the way considered best by Graber Manufacturing. Shipping weights are approximate. Please Note: That for all Canadian shipments Graber Manufacturing, Inc. does not provide a broker. A broker is needed for all Canadian shipments and is the responsibility of the customer to provide this information at the time of placing the order. The Purchaser will be responsible for any and all customs fees and arrangments for international shipments.
LOSS OR DAMAGE: Graber Manufacturing is not responsible for loss or damage in transit. Freight carrier is an agent of the customer. Claims must be filed with the carrier. Be sure to note any shortage on the original freight bill before signing and also have the truck driver sign. Be sure to note any damage or marks indicating possible concealed damage on the original freight bill before signing and also have the truck driver sign. Graber Manufacturing will make a reasonable effort to remedy any loss or damage in transit. Graber Manufacturing is not responsible for time lost due to loss or damage in transit.
SPECIFICATIONS: Graber Manufacturing reserves the right to discontinue or change the design and specification of units, and to ship the revised product without notice when such changes have been made.
DISCLAIMER OF WARRANTIES: THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BY GRABER MANUFACTURING. ANY DESCRIPTION OF THE GOODS CONTAINED IN THIS AGREEMENT IS FOR THE SOLE PURPOSE OF IDENTIFYING THE GOODS, IS NOT PART OF THE BASIS OF THE BARGAIN, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. NO AFFIRMATION OF FACT OR PROMISE MADE BY THE SELLER, WHETHER OR NOT IN THIS AGREEMENT, SHALL CONSTITUTE A WARRANTY THAT THE GOODS WILL CONFORM TO THE AFFIRMATION OR PROMISE. BUYER AFFIRMS THAT HE HAS NOT RELIED UPON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS FOR ANY PARTICULAR PURPOSE, AND THIS SALE IS MADE WITHOUT ANY WARRANTY BY SELLER THAT THE GOODS ARE SUITABLE FOR ANY PARTICULAR PURPOSE.
DIRECTIONS FOR USE: Due to the potential of misuse of the goods sold under this agreement, it is agreed that our products must be installed as manufactured.
A. Modifications of Products: Any modification that becomes necessary must be designed by a qualified engineer and performed in accordance with his design and under the engineer’s supervision. Graber Manufacturing cannot be responsible for the structural integrity of the product or for any costs incurred in modifications performed without our written approval.
B. Errors and Corrections: Errors in construction and design on the part of Graber Manufacturing must be reported immediately. Graber Manufacturing must be given sufficient time to inspect the product and correct any problem before the products are corrected or installed at the project site. Charge backs will not be accepted for products that are corrected without allowing Graber Manufacturing the opportunity to make the corrections itself or without specific written approval of Graber Manufacturing.
CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECT IN THIS PRODUCT. INCONVENIENCE, LOSS OF GOOD WILL, LOST PROFITS OR REVENUE, LOSS OF USE OF THIS PRODUCT, COST OF SUBSTITUTIVE PRODUCTS OR MODIFICATIONS, DOWNTIME COSTS, OTHER EQUIPMENT COSTS OR CLAIMS OF ANY PARTY DEALING WITH PURCHASER FOR SUCH DAMAGES, RESULTING FROM THE USE OF THIS PRODUCT, OR ANY OTHER LEGAL THEORY.
AUTHORITY OF SELLER’S AGENTS: No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning the goods sold under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not in any way be enforceable.
MODIFICATIONS: This agreement can be modified or rescinded only by writing signed by both of the parties or by duly authorized agents.
INTERPRETATION - PAROL EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement the definition contained in the code is to control.
WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
TIME FOR BRINGING ACTION: Any action for breach of this contract must be commenced within 2 years after the cause of action has occurred.
APPLICABLE LAW: This agreement shall be governed by Wisconsin Law and the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Wisconsin as effective and in force on the date of this agreement.
PLACE OF SUIT/VENUE: Any suit under this contract shall be in the Circuit Court of Dane County, Wisconsin.
ACCEPTANCE: Acceptance of this offer must be made on its exact terms and if additional or different terms are proposed by Buyer no contract shall come into existence without offerer’s assent to the counteroffer.
LIMITED WARRANTIES
The following Express Limited Warranty supplements the terms and conditions of our Quotation, Order Acknowledgement, and/or Invoice.
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, GRABER MANUFACTURING, INC. PROVIDES THE FOLLOWING LIMITED WARRANTY.
Madrax division of Graber Manufacturing, Inc., (“Madrax”) warrants products it manufactures against defects in materials or workmanship for a period of one year from the date of invoice.
Madrax warrants its bicycle lockers against structural failure for a period of one year from the date of invoice.
Madrax warrants its hot dipped galvanized and stainless steel products against corrosion for a period of five years from the date of invoice.
Madrax warrants its Phil-Up bicycle tire pump against defects for one year from the date of invoice.
Madrax warrants the powder coat, MadShield and powder coated stainless steel finishes for one year from the date of invoice.
Thomas Steele division of Graber Manufacturing, Inc., (“Thomas Steele”) warrants products it manufactures against defects in material or workmanship for a period of five years from the date of invoice.
Thomas Steele warrants the powder coat finishes for the colors Red, Yellow and White for one year from the date of invoice; Thomas Steele warrants all of it remaining standard powder coat finishes for five years from the date of invoice.Thomas Steele warrants the powder coat finishes for colors outside of its standard offerings for one year from the date of invoice.
Thomas Steele warrants its umbrellas against structural failure for a period of one year from the date of invoice.
Madrax and Thomas Steele warrant their metal products against structural failure for a period of twenty years from the date of invoice.
Madrax and Thomas Steele warrant their recycled plastic against rotting, splitting or cracking for a period of two years from the date of invoice.
Madrax and Thomas Steele warrant their components that are wood or cosmetic in nature against defects in material or workmanship for a period of one year from the date of invoice. Splitting, checking, and warping of wood are natural occurrences of wood and are not covered by this warranty.
Madrax and Thomas Steele warrant custom products on a per product basis.
These warranties do not cover any defects or failure due to vandalism, negligence, abuse, accidents, lack of maintenance or improper installation.
Unless previously approved, in writing by Graber Manufacturing, Inc., this warranty does not cover any defects or failure due to products tampered with or altered, modified or repaired by anyone.
SPECIFIC CONDITIONS AND LIMITATIONS:
1. Warranties only apply to products on invoices paid within Graber Manufacturing terms and conditions.
2. Damages resulting in whole or in part from natural disasters, including fire, wind, acts of war, terrorism, or nuclear disaster are not covered by the warranty.
3. The warranty will not apply if Graber Manufacturing is not notified within 10 calendar days of product failure.
4. This warranty is subject to the duty of the buyer and any subsequent purchaser or user to inspect the product before installation for defects, including defects or damage which may have been incurred on-site or in transportation. Any failure to completely inspect the product will void this Warranty.
5. Graber Manufacturing's obligation under this warranty will be limited to repair or replacement, at Graber Manufacturing's option, of products found in Graber Manufacturing's reasonable judgment to have been defective in workmanship or materials. Transportation charges for return of the alleged defective product will be assumed by Graber Manufacturing only if returned by the buyer in strict accordance with written instructions of Graber Manufacturing and at Graber Manufacturing's request. Graber Manufacturing will assume transportation charges for shipment of repaired or replaced product to the buyer, but will not be responsible for the cost of labor for removal or installation of the alleged defective product orany replacement.
6. All claims made under the terms of this warranty must be received in writing along with a copy of the original invoice. Claims must be sent to Graber Manufacturing, Inc. 1080 Uniek Drive, Waunakee, WI53597.
The warranties described herein shall be the sole and exclusive Warranties granted by Graber Manufacturing, Inc. and shall be the sole andexclusive remedy available to the purchaser. Correction of defects, in the manner and for the period of time described herein, shall constitute complete fulfillment of all liabilities and responsibilities and responsibilities of Graber Manufacturing, Inc., to the purchaser with respect to the product and shall constitute full satisfaction of all claims, whether based on contract, negligence, strict liability or otherwise. In no event shall Graber Manufacturing, Inc. be liable, or in any way responsible, for any damages or defects in the product which were caused by repairs or attempted repairs performed by anyone other than an authorized servicer. Nor shall Graber Manufacturing, Inc. be liable, or in any way responsible, for any incidental or consequential, economic or property damage.