General Terms and Conditions:
Acceptance of Terms and Conditions by Buyer:
Buyer’s acceptance of the product by purchase order, acknowledgment or otherwise shall be deemed to be acceptance of all terms and conditions herein contained and no other terms and conditions, regardless of any variation or addition to any of these terms and conditions as may be specified by Buyer in its order or acknowledgment, unless WCT agrees to such other terms and conditions in writing and signed by an authorized representative of WCT. The failure of WCT to object to any provisions contained in the order or acknowledgment submitted by Buyer or any other communication from Buyer (including, without limitation, penalty clauses of any kind) shall not be construed as waiver of these terms and conditions nor an acceptance of any such provisions. In the event of any inconsistency between the terms and conditions herein and the provisions on the face hereof or on any supplement attached hereto by WCT, the provisions contained on the face or on any such supplement shall control.
All requests for quotations should be directed to:
Wyoming Completion Technologies, Inc.(WCT)
P. O. Box 46
Powell, WY 82435
Phone (307) 754-5429
Fax (307) 754-5927
Prices, rates and terms are subject to change without notice, except for quotations which are good for the specified period.
Delivery dates on all orders are given as accurately as practical and effort will be made to make shipment as noted, but WCT does not guarantee the delivery date and assumes no liability for damages arising out of failure to do so, irrespective of the delay or cause.
All shipments are packed as to avoid breakage, rust or deterioration in transit, but no guarantee is offered against such damage.
WCT shall not be responsible for loss or damage to goods in transit or for delays of carriers in the delivery of goods. WCT’s responsibility ceases when the carrier receives the shipment. In case of shortage or apparent damage, details of the same should be noted by the carrier’s agent on the freight or express bill before customer accepts delivery. In case of concealed damage carrier should immediately be called in to inspect the package and damaged goods. In all cases it is the responsibility of the customer to file claims and deal with the carrier. WCT shall not be responsible for loss or damage to goods in transit.
1. Upon making written request and receiving approval, new unused products of WCT’s which are considered stock items of current manufacture by WCT may be returned for credit, provided the request is received within 180 days after the purchase date.
2. Requests for the return of merchandise should show original purchase order number, invoice number, description of goods, and purchase date. All requests should be mailed to WCT at the above address.
3. The credit allowed on returned goods is a merchandise credit and is applicable only against future purchase of WCT products.
4. Credit will be allowed only under the above conditions and based on the original purchase price. Restocking charges will apply in all cases of material return and are computed as follows: (A) A 10% charge will apply to material returned within 60 days of purchase date. (B) An additional 10% charge per 30 day period or portional part thereof will apply to material returned beyond 60 days from purchase date and within 180 days from purchase date. WCT may at our option offer or decline merchandise credit for material return requests beyond 180 days from purchase date.
5. In addition to the above restocking charges, all costs, if any, for reconditioning the products returned will apply as a reduction of merchandise credit.
6. After the return is authorized by WCT, the purchaser will ship prepaid to the point designated by WCT.
All orders, written or verbal, are considered firm and may not be canceled except under the terms applicable to our material return policy.
WCT expressly reserves the right to change or modify the design and construction of any product in due course of our manufacturing procedure without incurring any obligation or liability to furnish or install such changes, modifications or improvements on products previously or subsequently sold. WCT reserves the right to substitute materials without notice.
Any taxes or charges which the Seller may be required to pay or collect under any existing or future law upon or applicable to the sale, purchase, manufacture, processing, transportation, delivery, storage, use or consumption of any of the materials covered hereby shall charged to the account of the Buyer.
Unless otherwise specified, published and quoted prices are due and payable thirty (30) days NET CASH. Credit terms beyond thirty (30) days net will be furnished on request. Interest at the current maximum allowable rate will be charged after due date. All settlements are subject to approval of Credit Department. All bills payable in U. S. funds in Powell, Park County, Wyoming.
Shipments will be made on open account to those concerns who have established credit standing with WCT or who are satisfactorily rated in commercial reference books. In order to expedite shipment, others should furnish reference, or remit with order, or request C.O.D. shipment. In all cases WCT is not required to accept sales on open account and may choose to request C.O.D. payment. WCT also requires a substantial deposit for special or non-stock purchases.
WCT warrants that products, or parts thereof, sold, rented, or leased to a customer, when properly installed, used and maintained, shall be free from original defects in material and workmanship. WCT makes no other warranty, expressed or implied. WCT does not warrant that products, or parts thereof, are suitable for any particular use or will accomplish any particular results. Liability under this warranty is limited to the replacement of or credit for the defective merchandise which is returned within one year after the shipment date from WCT.
Limitation of Liability
1. The total liability of WCT on any claim, whether in contract, tort or otherwise, arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement or use of any product or the furnishing of any service shall not exceed the price allocated to the product or service or part thereof which gives rise to the claim.
2. In no event shall WCT be liable, either directly or indirectly, for any special, incidental or consequential damages including, but not limited to, damages for loss of revenue, cost of capital, claims of customers for service interruptions or failure of supply and costs and expenses incurred in connection with labor, overhead, transportation or substitute facilities or supply sources.
3. Buyer shall release, indemnify, defend and hold WCT harmless against any and all liability for loss of the hole, blowout/crater (including costs to control same), reservoir damage and pollution, regardless of the sole or concurrent negligence of WCT.
All rights and remedies of WCT specifically set forth herein shall be cumulative and in addition to any other or further rights and remedies provided in law or equity. Failure of WCT to insist upon strict performance of any term condition herein shall not be deemed to be a waiver of WCT’s rights and remedies. No waiver by WCT of any default by Buyer of any term or condition herein shall be effective unless in writing and signed by an authorized representative of WCT, nor shall any such waiver constitute a waiver of any other default of the same default on a future occasion.
Neither party may assign this Agreement except upon written consent of the other party(s), whose consent shall not unreasonably be withheld. If assigned with the proper consent this Agreement shall inure to the benefit of and be binding upon the successors of assigns of the parties.
The waiver by either party of the breach of any provision hereof by the other party shall not be deemed to be a waiver of the breach of any other provision of provisions hereof or of any subsequent or continuing breach of such provision or provisions.
The parties agree that this Agreement shall be construed, interpreted and governed in accordance with the laws of the State of Wyoming.
This written Agreement constitutes the entire agreement between the parties. No promises, agreements or warranties additional to this Agreement shall be deemed a part thereof, nor shall any alteration or amendment of this written Agreement be effective without the express written agreement of all parties. In the event this Agreement is translated into a language other than English, the English version of the Agreement will govern its construction.
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Wyoming Completion Technologies, Inc.
1110 Road 9 | PO Box 46
Powell, Wyoming 82435
Phone: (307)754-5429 | Fax: (307)754-5927 | Email: email@example.com