TERMS OF ACCESS
Applies to all customers buying product from Wichita Industrial Sales.
Acceptance of Contract Terms
The following are terms of a legal agreement between you and Wichita Industrial Sales. By accessing, browsing and/or using this web site or application published by Wichita Industrial Sales (hereinafter "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods, Products or Services from Wichita Industrial Sales by using this Site, your purchase will be governed by the applicable terms and conditions contained in this Legal Information page. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by WichitaIndustrial.com on this Site. Wichita Industrial Sales reserves the right, at its sole discretion, to periodically revise these Terms of Access, Terms of Purchase, Supplier Terms and Code of Conduct, and Terms of Registration.
Wichita Industrial Sales places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. Wichita Industrial Sales continually reviews and updates the security methods implemented to protect information transmitted via this Site, including measures to secure and protect all personally identifiable information from loss, misuse, and alteration. Even though Wichita Industrial Sales takes measures to protect and secure all customer-related information from loss, misuse or theft, Wichita Industrial Sales cannot guarantee that all electronic commerce is completely secure. Any access or attempt to access to other areas of Wichita Industrial Sales' computer systems or the information contained on Wichita Industrial Sales' computer system is strictly prohibited. This Site is controlled and operated by Wichita Industrial Sales from its offices located in Wichita Falls, Texas, U.S.A.
Site Information Use
Wichita Industrial Sales makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other Sites that are not maintained by Wichita Industrial Sales and are not subject to the same Privacy and other Policies. Wichita Industrial Sales is not responsible for the content of these other Sites. A link to another Site does not imply an endorsement, sponsorship or recommendation of the Site and Wichita Industrial Sales disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. Wichita Industrial Sales, at its sole discretion, may at any time revise or modify the information contained in this Site. YOUR USE OF ANY REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
Wichita Industrial Sales may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from our Site may be collected and used by Wichita Industrial Sales as a database or to provide subsequent products or services to such parties. Such information includes, but is not limited to, shipping information, credit card holder name and card number/expiration date. This information is considered essential to the performance of online transactions. Additionally, this information may be collected to aggregate statistical information, enhance system administration or to improve the content of the Site. The information we collect will help Wichita Industrial Sales effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. Wichita Industrial Sales may use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose. Wichita Industrial Sales may choose to share information with some specific third parties, such as suppliers, financial institutions, and third party service providers, and with any successor Wichita Industrial Sales interest. Wichita Industrial Sales may disclose information about any Site visitor in response to subpoenas, investigative requests (with or without subpoena) and other legal process, to uphold Wichita Industrial Sales' legal rights and defend against legal claims. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, profane or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary. WICHITA INDUSTRIAL SALES WILL NOT GIVE, SELL OR OTHERWISE TRANSFER E-MAIL ADDRESSES MAINTAINED BY THIS SITE TO ANY OTHER THIRD PARTY FOR INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGE IN VIOLATION OF TITLE 15, CHAPTER 103 OF THE UNITED STATES CODE.
All remarks, suggestions, ideas, graphics or other information communicated to Wichita Industrial Sales through this Site will forever be the property of Wichita Industrial Sales. Unless otherwise specified in writing, all material submitted to WichitaIndustrial.com will be presumed to be public and WichitaIndustrial.com will not be required to treat such information as confidential. Wichita Industrial Sales shall have exclusive ownership rights of present and future existing rights in the information provided, without compensation to the person sending the information.
The copyright in all material provided on this Site is held by Wichita Industrial Sales or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Wichita Industrial Sales or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Wichita Industrial Sales' written permission, "scrape" the Site with software tools or "mirror" any material contained on this Site on any other server. Any unauthorized use of all material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Wichita Industrial Sales and others. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Wichita Industrial Sales aggressively enforces its intellectual property rights fully of the law. The name of Wichita Industrial Sales or the Wichita Industrial Sales logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. Wichita Industrial Sales prohibits the use of the Wichita Industrial Sales logo as a "hot" link to any Wichita Industrial Sales site unless Wichita Industrial Sales approves the establishment of such a link in advance in writing. Additionally, this Site may contain third-party trademarks and service marks. All third-party marks are the property of their respective companies. Access to this Site does not constitute a right to copy or use any of the intellectual property of Wichita Industrial Sales or its suppliers. Statutory notice contained herein represents trademark status in the United States. Any questions concerning the use of these Trademarks and/or service marks or whether a Trademark and/or service mark that does not appear on this list is a Trademark and/or service mark of Wichita Industrial Sales should be referred to Wichita Industrial Sales at U.S. 1-940-766-5552.
Third Party Servicing
Disclaimer of Warranty
The materials on this site are provided "as is" without warranties of any kind either express or implied. All information on this Site is subject to change without notice. Fully possible pursuant to the applicable law, WICHITA INDUSTRIAL SALES DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WICHITA INDUSTRIAL SALES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. WICHITA INDUSTRIAL SALES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WICHITA INDUSTRIAL SALES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WICHITA INDUSTRIAL SALES HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.
Periodic Updating of these Terms and Conditions
Wichita Industrial Sales may update these terms and conditions from time to time. Check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the State of Texas govern any claim relating to, and the use of, this Site and the materials contained herein. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of Texas, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of Texas shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Wichita Industrial Sales' proprietary rights in them.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in Texas and the arbitrator(s) will be bound by the applicable law of the State of Texas.
Questions regarding Wichita Industrial Sales Company's Terms of Access should be directed to:
Wichita Industrial Sales
502 12th Street
Wichita Falls, TX 76301
Or, simply use Wichita Industrial Sales' On-Line Contact Us option.
TERMS OF PURCHASE
Applies to all customers buying product from Wichita Industrial Sales.
Product Selection and Suitability
Most products offered by Wichita Industrial Sales are obtained from multiple supply sources, located throughout the United States and internationally. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Wichita Industrial Sales attempts to assure that its Products (“Product”) comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. Wichita Industrial Sales makes every reasonable attempt to ensure the quality of these supply sources and the Products they offer. As these Products are dynamic and versatile, Wichita Industrial Sales shall not be responsible for how Products are used or installed and the Product's conformance to local or regional codes or regulations. Review the Product materials and application, and relevant code, regulations or ordinances, to be certain that the Product, its installation, and use will satisfy these requirements. In no event, will Wichita Industrial Sales be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a Product.
Wichita Industrial Sales warrants, for a period of one (1) year after delivery, that all Products delivered to you ("Purchaser") here-under shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify Wichita Industrial Sales of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or control number to Wichita Industrial Sales’ location, shipping costs to be prepaid by Purchaser, within the one-year warranty period. Correction shall be made or replacement Products shall be delivered by Wichita Industrial Sales, unless prevented by conditions not subject to Wichita Industrial Sales' control. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by Purchaser. Wichita Industrial Sales makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND WICHITA INDUSTRIAL SALES COMPANY EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE.
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY WICHITA INDUSTRIAL SALES, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION. WICHITA INDUSTRIAL SALES DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ABOUT OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WICHITA INDUSTRIAL SALES' LIABILITY FOR PURCHASER'S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Cancellation and Returns
Wichita Industrial Sales must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (not in the catalogue) may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to Wichita Industrial Sales or as otherwise designated by Wichita Industrial Sales, and must be in resalable condition and accompanied with an Invoice.
Purchaser grants to Wichita Industrial Sales a priority lien, purchase money security interest in the Products and any accounts receivable or cash from the resale of the Products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce Wichita Industrial Sales' rights hereunder.
Published Product Information
Wichita Industrial Sales reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. Wichita Industrial Sales reserves the right to revise catalog information at any time, without notice, and Wichita Industrial Sales will not be responsible for any pricing errors contained therein. WICHITA INDUSTRIAL SALES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
California Proposition 65 and OSHA Hazardous Substance Information
Safety Data Sheets (SDS), which are applicable to certain Products that contain materials defined by for OSHA as defining hazardous substances and a list of Products known by the State of California to cause cancer or reproductive harm, are available on this Site, or may be obtained by contacting at your local Wichita Industrial Sales branch store, or by contacting Wichita Industrial Sales' product support division at firstname.lastname@example.org. The information and recommendations contained on the SDS supplied by the manufacturer is accurate and reliable. Purchaser represents it is purchasing Products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations and the Products shall be used in direct support of its business, such business does not concern transportation, and such Products shall not be resold or transported in a vehicle other than one owned by itself. Wichita Industrial Sales does not, however, make any warranty concerning the accuracy of the information or the suitability of the recommendations. Wichita Industrial Sales disclaims all liability to Purchaser and/or any other user.
Proposition 65 (Prop 65) is a California law that requires the state to keep a list of chemicals that the State of California has identified may cause cancer or reproductive toxicity. If a Product contains a chemical on the list, the State of California requires businesses doing business in the State of California to provide a 'reasonable warning' before potentially exposing Californians to the chemicals. Wichita Industrial Sales will attempt to reasonably identify the Products that may be subject to this regulation and such Products are being offered and distributed with the following Proposition 65 notice:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
As there are many chemicals used throughout the manufacturing processes, Wichita Industrial Sales Products may contain a trace amount of any of the 850+ chemicals on the California Proposition 65 warning list. The list of chemicals and metals covered by Prop 65 now exceeds 850, and the List continues to grow every year. For a complete listing, visit www.oehha.org/prop65.html
Wichita Industrial Sales will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of Product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
These Terms of Purchase shall be construed, interpreted and performed per the laws, excluding conflict of law rules, of the State of Texas, United States of America. Any legal action must be filed and commenced within one year after it arises. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The Uniform Commercial Code as adopted by the State of Texas will be applied, without application of any similar state or international law or treaty.
The relationship between Wichita Industrial Sales and Purchaser shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not affect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect fully permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of Wichita Industrial Sales.
The parties shall exercise their best efforts to resolve by negotiation all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Minnesota and the arbitrator(s) will be bound by the applicable laws of the State of Texas.
These Terms of Purchase, including the Terms of Access, Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in Wichita Industrial Sales' Website are incorporated by reference herein and constitute the exclusive and complete Agreement between Wichita Industrial Sales and Purchaser.
All orders must be received with a cash payment or purchased through Visa or MasterCard. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time-period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, Wichita Industrial Sales may defer any further shipments or other orders, or cancel any portion of an unshipped order. Wichita Industrial Sales reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees and costs incurred by Wichita Industrial Sales, about any collection action for payment of the amounts due herein.
Applicable state and local tax will be charged on orders, unless Purchaser provides Wichita Industrial Sales with an exemption certificate. Note your tax-exempt status when ordering.
Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of Product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier or Purchaser’s designated location.
Purchaser acknowledges that it is not an agent of Wichita Industrial Sales and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act. Purchaser warrants and covenants that it has not offered, agreed to pay or paid, either directly or indirectly, anything of value to a foreign official (defined under the Foreign Corrupt Practices Act), a foreign political party or party official, including a candidate, about the purchase and resale of the Product. Also, Purchaser represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce.
International Shipments (Outside United States)
If Purchaser intends to export the Product, Purchaser represents that it is purchasing the Products to be exported from the United States and importing them to the country specified in the purchase order. Purchaser agrees that the Products will be shipped to that destination in compliance with the laws of such country. No re-export or diversion will occur. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the Product. All costs associated with exportation and importation of the Product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform Wichita Industrial Sales of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling, but Wichita Industrial Sales shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by Wichita Industrial Sales.
Electronic Commerce (Optional)
If Wichita Industrial Sales and Purchaser agree to be bound by transactions performed through Wichita Industrial Sales' e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail, such transactions will be subject to the Terms of Purchase, unless otherwise agreed to in writing by the parties. The parties acknowledge that no writing shall be required to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required to have a legally enforceable electronic commerce transaction, which will be honored fully under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered between Wichita Industrial Sales and Purchaser concerning electronic data interchange.
SUPPLIER TERMS AND CODE OF CONDUCT
Applies to all suppliers who sell product to Wichita Industrial Sales.
At Wichita Industrial Sales, we are committed to operational excellence, ethical and responsible conduct, fair and respectful treatment of all individuals, and practices that promote safety, health and environmental protection. We expect the Suppliers who do business with us to share these commitments, and we strongly encourage each Supplier to meet the following standards in all activities that relate to our company. We will evaluate Suppliers’ compliance with these standards in determining whether to grant or continue preferred status. Suppliers that do not comply with the foregoing 'Code of Conduct' may be disqualified from preferred status and/or have their business relationship with Wichita Industrial Sales terminated.
Supplier must comply with all applicable wage and hour laws and regulations – including those relating to minimum wages, overtime, and other elements of compensation – and will provide all legally mandated benefits.
Hours of Work.
Supplier will maintain work hours in compliance with all applicable wage and hour laws and regulations. Supplier will not require employees to work more than any limits on regular and overtime hours allowed by any applicable local law.
Forced / Prison Labor.
Supplier will not use forced or involuntary labor, including prison labor, bonded labor, indentured labor, or any other type of labor associated with human trafficking or abuse.
Supplier will not use child labor. “Child” is any person who is either (1) younger than 16, or (2) younger than the minimum age required for the employment under applicable law. Supplier will comply with all applicable laws and regulations regarding the employment of minors.
Coercion and Harassment.
Supplier will treat each employee with dignity and respect, and will not engage in or permit corporal punishment, threats of violence, or other forms of harassment whether based on race, color, sex, sexual orientation, gender identity, national origin, religion, disability, age, or any other legally protected characteristic.
Supplier will not discriminate in hiring practices or any other condition of work based on race, sex, sexual orientation, gender identity, color, age, national origin, physical or mental disability, religion, status as a disabled veteran, or other legally protected characteristics.
Workplace Safety and Emergency Planning.
Supplier will provide a safe and healthful workplace for employees by endeavoring to meet or exceed international safety standards. Supplier must have procedures in place for handling emergencies such as fire, spills, and natural disasters.
Supplier will comply fully with all applicable environmental laws, and seek ways to conserve natural resources and energy, reduce waste and the use of hazardous substances, and minimize any adverse effects on the environment.
Compliance with Applicable Laws.
Supplier will comply with all laws and regulations applicable to their business, as well as the standards of its industry, including those pertaining to the manufacture, pricing, sale, distribution, labeling, import, and export of merchandise. Without limiting this requirement, Supplier will not: (A) violate, misappropriate or infringe upon the intellectual property rights of Wichita Industrial Sales or any third party; or (B) engage in any activities that would violate any applicable laws and regulations relating to (1) bribery or illegal payments, (2) laws against unfair competition, (3) unfair and deceptive trade practices, (4) the environment, (5) health and safety, (6) international trade, including exports and imports, (7) data privacy, (8) money laundering, (9) employment, (10) contracting with governmental entities, or (11) medical devices, if applicable.
Supplier will not in any way bribe any officer, director, manager, employee, representative or agent of Wichita Industrial Sales or any other entity, including without limitation, by offering or giving kickbacks or by offering or giving gifts of more than nominal value.
Supplier’s accounting records must (1) be kept and presented per the laws of each applicable jurisdiction, (2) in reasonable detail, accurately and fairly reflect transactions, assets, liabilities, revenues and expenses, and (3) not contain any false or misleading entries.
Conflicts of Interest.
Supplier must immediately report to Wichita Industrial Sales any "conflict of interest" of which they become aware. A “conflict of interest” is any circumstance, transaction or relationship directly or indirectly involving the Supplier in which the private interest of any employee of Wichita Industrial Sales improperly interferes, or even appears to improperly interfere, with the interests of Wichita Industrial Sales.
In addition to any restrictions on the use of subcontractors that are otherwise agreed to between the Supplier and Wichita Industrial Sales or the applicable subsidiary, Supplier will not use any subcontractor about Wichita Industrial Sales unless the subcontractor has received a copy and reasonably complies with this Code of Conduct in connection with any activities performed for Wichita Industrial Sales.
Monitoring and Compliance.
Supplier understands that Wichita Industrial Sales or our designated agents (including third parties) may engage in monitoring activities to assess compliance with this Code of Conduct including on-site inspection of facilities and review of books and records. Neither Wichita Industrial Sales nor any of its authorized agents assumes any duty to monitor or ensure compliance with this Code of Conduct. The Supplier understands that Supplier is solely responsible for full compliance with this Code of Conduct by its officers, directors, managers, employees, representatives and agents.
Management System and Communication.
Supplier must establish and maintain processes that are reasonably designed to ensure compliance with, mitigate the risks identified in, and facilitate continuous improvement with respect to, this Code of Conduct. Supplier must ensure that this Code of Conduct is adequately communicated to all employees. Supplier should immediately notify Wichita Industrial Sales at +1 (940) 766-5552 upon learning of any known or suspected improper behavior by Supplier or by employees of Wichita Industrial Sales.
PURCHASE ORDER TERMS AND CONDITIONS
All Purchase Orders issued by Wichita Industrial Sales will be subject to the terms and conditions herein. No terms or conditions in any acceptance, confirmation, acknowledgment or invoice from the Supplier (herein “Seller”), inconsistent with this Purchase Order (“P.O.”) shall apply unless approved in writing by Wichita Industrial Sales. Shipment or performance pursuant to this P.O. shall constitute acceptance of the terms and conditions set forth herein and creates a contract that shall be governed in accordance with the provisions of the Uniform Commercial Code and the laws of the State of Minnesota. These terms and conditions will be applicable to the current and any subsequent Purchase Orders entered between Wichita Industrial Sales and Seller. Seller will be subject to and agrees to comply with Wichita Industrial Sales' Code of Conduct about the processing and completion of every P.O. These terms and conditions will not void or in any way relieve the parties of obligations pursuant to Shared Investment Program (SI) or other agreements executed by the parties either before or after the date of the P.O.
Seller warrants that for a period of one (1) year after distribution by Wichita Industrial Sales: (i) all products covered by this P.O. will be of good quality and workmanship, free from defects, and fit and sufficient for the intended purpose for which required; (ii) all materials supplied under this P.O. will conform to the description, quality and performance furnished or specified by Wichita Industrial Sales, or if not furnished or specified, to standard commercial specifications; (iii) no materials or products provided under this P.O. are banned, misbranded or mislabeled and all goods are produced in conformity with all applicable federal, state and local statutes, rules and regulations. The warranties in this section shall survive delivery of goods or completion of services and shall not be waived by acceptance of products or payment. Such warranties shall cover all losses, including costs and expenses (including reasonable attorney’s fees) to which Wichita Industrial Sales will be exposed by any defects of Seller’s material or performance. These warranties will extend and be passed through to Wichita Industrial Sales’ customers and subsequent end users of such products. All shipping, freight about the return of non-conforming or defective products to the Seller shall be borne by the Seller. Such warranties include replacement product, freight on returned or replacement product, and any potential sorting or product repair that may be required at Seller’s location or at a Wichita Industrial Sales location.
Seller will immediately notify Wichita Industrial Sales in writing of any potential or actual stop sale, product recall or corrective action on a product distributed by Wichita Industrial Sales. Seller will reimburse Wichita Industrial Sales for all direct costs incurred by Wichita Industrial Sales (excluding lost profits and/or lost business opportunities), expenses of notifying end users and reasonable costs of processing a recall through Wichita Industrial Sales’ system (including labor and materials for the repair and replacement of products, freight and handling charges, customer service, administration, etc.). Upon completion of the corrective action, Wichita Industrial Sales will notify Seller of such costs or expenses and Seller will submit reimbursement to Wichita Industrial Sales within thirty days after notification. Wichita Industrial Sales will be entitled to all remedies available under applicable law, including without limitation immediate termination of any Purchase Order, repair or replacement of the product, at Wichita Industrial Sales’ discretion, with all costs charged back to the Seller and exercise of set-off rights concerning any indebtedness owed to Wichita Industrial Sales by Seller.
Product Liability Indemnity
Seller agrees to defend, indemnify, assume any liability, save and hold harmless Wichita Industrial Sales, its agents, subsidiaries, employees, customers, insurers, successors and assigns, from and against any claims, demands, suits, liabilities, penalties, losses, damages, or charges, settlements, judgments, costs and expenses (including attorney’s fees incurred), by any third party arising out of or based on any alleged non-conformity, defect or failure of any product covered by this P.O. or arising out of any actual or alleged violation by such products of any statute, ordinance, rule or regulation. This indemnity includes without limitation any product safety or quality control recall, corrective action or product retrofit, and any action or proceeding arising out of any of the above occurrences.
Seller warrants that all products covered by this P.O. shall be delivered free of any claims of infringement and Seller agrees to defend, indemnify, and save Wichita Industrial Sales harmless from any and all third party claims of liability, loss, damage and expense arising from any infringement or alleged infringement on any patent, trademark, copyright, trade secret, or other right, by reason of the purchase, use or resale by Wichita Industrial Sales of any or all of the products covered by this P.O.
Seller covenants and agrees, as a condition of purchase, at its expense to provide and procure broad form vendors liability insurance coverage naming Wichita Industrial Sales Company and Subsidiaries as an additional insured on applicable endorsements and certificates. This coverage shall not be canceled without Wichita Industrial Sales’ consent and the policy limits shall be $1,000,000 per occurrence for bodily injury and property damages with a minimum of $3,000,000 in the aggregate. Seller, upon request (certificates are required once purchases meet or exceed $100,000 per year), will submit Certificates of Insurance to Wichita Industrial Sales annually upon renewal. Seller will submit Certificates of Insurance to Wichita Industrial Sales prior to any Purchase Order performed by the Seller. All certificates should be remitted to the attention of Tim Polvadore. Please email certificates to email@example.com , facsimile to 940-766-5558 or by mail to Wichita Industrial Sales 502 12th Street Wichita Falls, TX 76301.
Wichita Industrial Sales reserves the right to return over-stock products to Seller for credit against open invoices without penalty or restocking fees. Wichita Industrial Sales will reasonably attempt to consolidate over-stocked new products, advise you of the amount of the returns, and coordinate shipments to the Seller. Wichita Industrial Sales will pay the freight to return over-stocked products. Seller will promptly accept and handle all return requests (in reasonably new, re-saleable condition) and credit open Wichita Industrial Sales accounts within thirty (30) days of your receipt of returned products.
Product Information and Data
Seller grants to Wichita Industrial Sales for business purposes the perpetual, nonexclusive, irrevocable, worldwide, royalty free right to use Seller’s Product Information and Data. Seller’s Product Information and Data shall include but not limited to item description, manufacture’s model number, cross-reference data, UL and CSA information, NAFTA data, tariff number preference criteria, regulatory data, shipping data, product dimensions and weight, cost and list price data, forecast data, technical specifications, catalog data and product images for Wichita Industrial Sales’ business purposes, including but not limited to, the right to reproduce (manipulate, reconfigure), copy, publish, sell, transfer (license and sublicense) to any third party or distribute by any other method. Seller certifies that the Labeling and Origin Criteria for products (or parts thereof) imported into the United States and distributed to Wichita Industrial Sales is accurate as provided and Seller will promptly notify Wichita Industrial Sales of any changes. Seller, as necessary or upon request, will provide relevant information about products, which are distributed to Wichita Industrial Sales locations in any country, including information governing the regulations for sale of product or limitations on the use of such products in these locations.
Compliance with Laws
Seller shall comply with all applicable provisions of Executive Order NO. 11246, and any relevant rules, regulations or orders of the Secretary of Labor pertaining to equal employment laws. To the extent applicable to this Purchase Order, the Federal Acquisition Regulation (FAR) clauses are incorporated herein by reference. Acceptance of this purchase order constitutes certification of the following clauses: FAR 52.222-26 Equal Opportunity: FAR 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans; FAR 52.222-36 Affirmative Action for Handicapped Workers.
Upon shipment Seller agrees to provide Wichita Industrial Sales with updated OSHA safety data sheets as applicable, and to comply with, and furnish all information evidencing compliance with all federal, state or local laws and regulations pertaining to the environment. If Seller is supplying Wichita Industrial Sales hazardous materials as defined by state and federal statutes and regulations, including without limitation the Federal Department of Transportation and California Proposition 65, Seller shall label such materials in accordance with such regulations. All labels and packaging associated with products supplied to Wichita Industrial Sales must comply with the current edition of the National Institute of Standards and Technology Handbook 130 or related labeling and packaging standards as imposed in various states. Seller agrees to indemnify and hold harmless Wichita Industrial Sales for any failure or non-compliance by Seller in connection with this section, including without limitation the payment of any fees, fines, assessments or penalties.
Confidentiality and Ownership of Plans and Drawings
All information, including but not limited to designs, specifications, customer lists, pricing, discounts, rebates, business operations, and other informative materials furnished by Wichita Industrial Sales and received, obtained by or utilized by Seller about Wichita Industrial Sales purchases is solely for the use of obtaining such purchases and is deemed confidential, and shall not be disclosed or used without Wichita Industrial Sales’ consent. Title to all tooling, plans, drawings, prints, samples, and all other materials shall remain with Wichita Industrial Sales, and if requested, shall be promptly returned to Wichita Industrial Sales. No license or copyright privileges are granted to Seller under this P.O. and all rights are expressly retained by Wichita Industrial Sales. This provision will be in effect during the term of the Agreement and will continue for a period of two (2) years after termination. The requirements shall not apply to information which: a.) is within the public domain; b.) is known to other parties at time of receipt; c.) is rightfully obtained from a third party without breaching the terms of this Agreement.
Limitation of Liability
IN NO EVENT WILL WICHITA INDUSTRIAL SALES BE LIABLE FOR ANY SPECIAL, INDIRECT INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Wichita Industrial Sales shall not be required to accept or pay for any goods or service covered by this P.O. if prevented from accepting and utilizing the same because of any labor dispute, accident, fire, casualty, act of Government, terrorism, or any other cause beyond its control.
Wichita Industrial Sales may cancel any portion of this P.O., which remains unfilled after the beginning of any bankruptcy filing, insolvency proceeding or assignment by or against Seller.
Seller and Wichita Industrial Sales will be independent contractors about the performance of work and activities under this P.O. Seller will have no right or authority to bind Wichita Industrial Sales to any obligations or responsibilities and will not represent or hold itself out as an agent or representative of Wichita Industrial Sales.
Termination and Survival of Obligations
Wichita Industrial Sales shall have the right to terminate this P.O. in whole or in part at any time without cause by giving prior written or oral notice to Seller effective upon receipt. All the obligations, terms, and conditions contained herein, including but limited to, indemnities and the procurement of insurance shall survive termination of this P.O. Seller shall have the right to discontinue sale of products to Wichita Industrial Sales upon forty-five (45) days prior written notice, subject to any continuing obligations under this P.O.
All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in Texas and the arbitrator(s) will be bound by the applicable law of the State of Texas.
Seller shall supply Wichita Industrial Sales will all applicable data concerning the shelf life of products purchased under this Agreement. Such data includes expiration dates, “born on” dating or “fill” dating, and Seller shall mark product packaging accordingly.
Gifts & Promotional Contests
Seller shall refrain from the use of bribes and kickbacks. Gifts given by Seller to Wichita Industrial Sales employees in the ordinary course of business with a value of less than $20 (golf balls, T-shirts, hats, etc.) are acceptable, as are business lunches and dinners. Gifts or offerings with a value more than $20 that are offered about a promotional contest must be approved in advance, in writing, by the applicable Wichita Industrial Sales Product Manager. All other gifts are strictly prohibited. Wichita Industrial Sales requires Seller to comply with the obligations under the U.S. Foreign Corrupt Practices Act and any other anti-bribery laws or regulations of any country about or about providing products under this P.O. and any other activities involving Wichita Industrial Sales.
Wichita Industrial Sales will promptly pay invoices submitted by the Seller within the payment terms specified on the invoice or as agreed to by the parties. However, all invoices must be submitted to Wichita Industrial Sales within a reasonable period and in no event, will Seller submit an invoice to Wichita Industrial Sales more than twelve months after the date of delivery of the product under a P.O. The parties agree that any invoices not submitted to Wichita Industrial Sales within twelve months from the date of delivery of the products will be void and are not subject to payment by Wichita Industrial Sales.
Seller will reasonably identify any products supplied under this PO that qualify as a good subject to the North American Free Trade Agreement (NAFTA). Seller will provide appropriate documentation to Wichita Industrial Sales to confirm the origin of the goods or qualification of the goods for NAFTA eligibility.
If applicable, a list of all products supplied to Wichita Industrial Sales that qualify for NAFTA must be forwarded to Wichita Industrial Sales annually. Please specify how you supply your NAFTA or Country of Origin certificates.
NAFTA SUPPLIED HOW: ___________________________________ (BLANKET, CASE by CASE, or NOT AT ALL)
Copies of NAFTA Certificates will be forwarded to Wichita Industrial Sales at no additional charge. Your NAFTA product list and copies of NAFTA Certificates relative to products that qualify for NAFTA should be emailed to firstname.lastname@example.org or faxed to 940-766-5558.
Seller will notify Wichita Industrial Sales or reasonable identify on the Seller’s products whether a product may be subject to the U.S. Export Administration Regulations, International Traffic in Arms Regulations or similar governmental regulations or may be subject to restrictions related to the exportation of such Seller products to any foreign countries. In advance of shipment of such regulated products to Wichita Industrial Sales, Seller will promptly provide to Wichita Industrial Sales any Export Control Classification Numbers or other data or information that may be required or needed to be submitted to a governmental agency regarding the exportation of the Sellers products to a foreign country. If you have any questions on exports controls, information can be found at www.bis.doc.gov/licensing/exportingbasics.htm.
“Conflict Minerals” refers to tin, tantalum, tungsten, and gold, which are derivatives of cassiterite, columbite-tantalite, and wolframite, regardless of where they are sourced, processed or sold. There is an increasing awareness of violence and human rights violations in the mining of certain minerals from an area described as the “Conflict Region”, located in the eastern portion of the Democratic Republic of the Congo (DRC) and surrounding countries. Thus, the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘Act’) of 2010 directed the U.S. Securities and Exchange Commission (SEC) to adopt rules to implement disclosure requirements related to these “Conflict Minerals”. These rules apply to manufacturers who file periodic reports with the SEC and who manufacture or contract to manufacture products containing “conflict minerals” that are “necessary to the functionality or production” of those products. These manufacturers are required to make inquiries as to the origin of these “conflict minerals” and file a report with the SEC to describe and disclose the results of those inquiries.
To ensure compliance with the Dodd-Frank Act, our Sellers are required to undertake reasonable due diligence with their supply chains to determine whether the specified metals, if any exist in their respective products, are being sourced from:
1. Mines and smelters outside the Conflict Region or
2. Mines and smelters which have been certified by an independent third party as “conflict free”, if sourced within the Conflict Region.
Sellers are required to provide written documentation to email@example.com to confirm whether the raw materials tin, tantalum, tungsten and gold used in the manufacture of the products supplied to Wichita Industrial Sales originated from outside the Conflict Region or, if the raw material originated from within the Conflict Region, that the mines or smelters are certified as “conflict free” by an independent third party.
California Proposition 65
Proposition 65, the Safe and Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The Proposition was intended to protect California (USA) citizens and the State’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. To notify customers of possible exposure at the point of sale and on Fastenal.com, Seller must notify Wichita Industrial Sales (firstname.lastname@example.org) if product contains chemicals covered by this Act that meet or exceed Safe Harbor levels that require a ‘reasonable warning’ and validate that the items are properly labeled for sale in California (USA). The list of chemicals and metals covered by Prop 65 now exceeds 900, and the list continues to grow every year. For a complete listing, visit www.oehha.org/prop65.html.
Material Declarations, REACH and RoHS
To be able to sell Wichita Industrial Sales products in the global market place, Wichita Industrial Sales must achieve and maintain material and substance compliance for all products we distribute.
Wichita Industrial Sales is requiring Full Material Declaration (FMD) regardless whether the product has SVHC’s present or is described as an ‘article’ by the REACH Directive (the 'Standard'). This Standard applies to all fasteners (nuts, bolts, screws, washers and pipe fittings) that Wichita Industrial Sales distributes. In the event of conflict between this Standard and any Wichita Industrial Sales Product Standard, the Seller shall immediately notify Wichita Industrial Sales of the conflict. Wichita Industrial Sales' Quality Assurance (Material Declaration) group must approve any deviation from the requirements of this Standard prior to the item being purchased and supplied to Wichita Industrial Sales. The primary objective of this Standard is to obtain compliance to environmental laws and directives such as RoHS, REACH, etc. Seller certifies compliance with this Standard via acceptance of a P.O. Contact email@example.com with questions.
TERMS OF REGISTRATION
Applies to all customers registered on wichitaindustrial.com.
Agreeing to the Terms of Registration indicates your acceptance of all applicable terms and conditions set forth in the Legal Information page. You certify, represent, and warrant that all purchases made by or access granted to any employees or agents of your organization utilizing your Wichita Industrial Sales account are authorized purchasers or representatives of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with the Wichita Industrial Sales website. You expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall Wichita Industrial Sales be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from Wichita Industrial Sales.