Terms & Services - Watts Steam Store

Privacy Policy

Definitions:

“Watts” is defined as Watts Steam Store & Subsidiaries

“Site” is defined as Watts Steam Store and/or wattssteamstore.com, website

“You/Your” is defined as the Customer and/or User at Watts Steam Store and/or wattssteamstore.com website.

This Privacy Policy applies to all products and services offered by Watts at the Site. This Privacy Policy governs the manner in which Watts collects, uses, maintains and discloses information collected from You at the Site.

Information

Watts may collect information from You in a variety of ways. You may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. You may, however, visit the Site anonymously. Watts will collect information from You only if You voluntarily submit the information. You can refuse to supply information, though it may prevent You from engaging in certain activities.

Web site information

Watts may collect information about You whenever You interact with the Site. Non-personal identification information may include the browser name, the type of computer and technical information about Your means of connection to the Site, such as the operating system and the Internet service providers’ utilized and other similar information.

Email

The email address You provided for order processing will only be used to send You information and updates pertaining to Your order. It may also be used to respond to Your inquiries, and/or other requests or questions. If You decide to opt-in to Watts’s mailing list, You will receive emails that may include company news, updates, related product or service information, etc.

How we protect Your information

Watts adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Your information.

Web browser cookies

Watts Site may use cookies to enhance Your experience. Your web browser places cookies on Your hard drive for record-keeping purposes and sometimes to track information about You. You may choose to set the web browser to refuse cookies, or to alert You when cookies are being sent; if so, note that some parts of the Site may not function properly.

How we use collected information

Midway Machining, Inc. collects and uses Your information for the following purposes:

To improve customer service; Your information helps to more effectively respond to Your service requests and support needs.
To process transactions; Watts may use the information provided when placing an order, in order to provide service to that order.
To personalize Your experience; Watts may use information in the aggregate to understand how You as a group use the services and resources provided on the Site.
To improve the Site; Watts continually strives to improve offerings based on the information and Your feedback.
To send periodic emails.
Watts does not share this information with outside parties except to the extent necessary to provide the services.

Changes to this privacy policy

Watts Steam Store. has the discretion to update this privacy policy at any time. Watts encourages You to frequently check this page to stay informed about how it protects the information Watts collects. You acknowledge and agree that it is Your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

Using Watts’s Site and services signifies Your acceptance of this policy and terms of service. If not in agreement with this policy, please do not use the Site or services. Your continued visits to the Site following the posting of changes to this policy will be deemed Your acceptance of those changes.

Contacting us

For questions about this Privacy Policy, the practices of Watts Steam Store, or Your dealings with the Site, please contact us:

Watts Steam Store

wattssteamstore.com

795 West 24^th Street Ogden, UT 84401

1-866-514-9091

Terms

DEFINITIONS

“Seller” is defined as Watts Steam Store & Subsidiaries.

“Customer” is defined as person or entity purchasing goods or service from Seller.

“Agreement” is defined as Terms and Conditions contained herein.

“EXW” (Ex Works) refers to international shipments; is an international trade term that describes an agreement in which the seller is required to make goods ready for pickup at his or own place of business. Exact definition differs by jurisdiction.

“FOB” is defined as Freight on Board, shipping point.

GENERAL – These terms and conditions of sale and warranty, and the Sellers Quote or Order Acknowledgement to which they have been incorporated by reference, shall constitute the final, complete and exclusive statement of this contract and may not be modified or rescinded, except by a written instrument signed by the parties. As an offer, the Sellers Quote or Order Acknowledgement expressly limits acceptance to these terms and conditions. As an acceptance of the Customer’s offer, this acceptance is expressly conditioned on the Customer’s assent to any additional or different terms contained herein. As a confirmation of an existing contract, the parties agree that the Sellers Quote or Order Acknowledgement and these terms and conditions of sale and warranty constitute the final, complete and exclusive terms and conditions of the contract between the parties. Any varying, differing or additional terms and conditions contained in the Customer’s purchase order, request for quotation or elsewhere in any other document shall not be binding upon the Seller.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY See Warranties and Limitations (Separate Document)

PRICES/TAXES

Prices quoted by Seller in the quotation are:

Subject to change without
Exclusive of all Federal, State, Municipal or other Government Excise Sales Use, Occupational or like taxes now in force or to be enacted in the
Subject to an increase equal in amount to any tax Seller may be required to collect to pay upon the sale of the items
Quoted as EXW or FOB.

PRODUCTION ESTIMATES

Production estimates are based on Seller’s analysis and understanding of the work to be performed and assume various production factors including normal working conditions and the use of materials which conform to: (i) the specification contained herein, (ii) the specifications and supply of goods (iii) the standards of the It is therefore EXPRESSLY UNDERSTOOD THAT PRODUCTION ESTIMATES ARE NOT GUARANTEED.
Work tolerances, if any, to be obtained by the Goods are based on Seller’s assumption that the material to be processed will have been properly processed through all previous operations, inspections and will be of quality standard, which will not impede achievement of the quoted
Seller’s obligation with respect to production estimates shall be fully and completely satisfied when Customer has provided documentation of approval.

SHIPPING/DELIVERY ESTIMATES

Any shipping date expressed is approximate and dependent upon prior sales and circumstances beyond Seller’s
The Shipping date will be computed from the date of receipt of all data required to enable complete engineering or acceptance of purchase order as provided in the Acceptance paragraph above, whichever is
Seller shall not be liable for damages or delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors or suppliers for similar reasons. Failure of Seller to perform for these reasons shall not be grounds for Customer’s cancellation of its order but the delivery date shall be extended accordingly and Seller will notify Customer of the causes of the anticipated Customer’s receipt of the Goods, upon their delivery, waives all of Customer’s claims for delay. Damages under this section are limited to the terms of the Limitation of Liability section.
Seller shall have the right to select the carrier unless the carrier is designated by Customer and upon delivery of the Goods by Seller to the carrier, the carrier shall be deemed to be the agent of Customer and thereafter risk of loss shall be on Customer.
1. Inspections/Acceptance – Customer shall be responsible for thoroughly inspecting each shipment of products upon receipt.
2. Partial shipments – Unless otherwise stated, Seller reserve the right to partial ship and bill accordingly.

IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OCASIONED BY DELAYS WHETHER OR NOT SUCH DELAYS ARE BEYOND SELLER’S CONTROL.

PAYMENT/TERMS

Customer, if credit terms have been established, agrees that invoices are due within the terms established at time of order.
Customer, without credit terms established, agrees to pay invoice at time of purchase.
Interest may be charged at the rate of two percent (2.0%) per month or the maximum rate allowed under state law, if it is a lesser number, on any payments which are not received by the due date. Any expenses of collection, including reasonable attorney’s fees, shall be borne by Customer.
International transaction payments shall be made via wire transfer, prior to shipment of product.
Seller reserves the right to modify these terms for international business and special projects.

SPECIAL ORDERS

Customers that do not have credit terms with Seller, agree that Special Order parts are to be prepaid when order is placed and all shipping costs incurred with the order will be invoiced at delivery of said special order.

PROPERTY AND PATENT RIGHTS

Seller retains for itself any and all property rights, including but not limited to all patent, copyright, and trade secret rights, to the Software Materials and to all designs, engineering details, documentation, and other data pertaining to any equipment designed in connection herewith and to all right of discovery, invention or patent rights arising out of the work done in connection herewith. Customer expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment.
Seller grants Customer a nonexclusive and nontransferable license to use one copy of the Software Materials for its own internal purposes for a term of 99 years. Pursuant to such license, Customer shall have the right to copy the Software Materials solely for back-up and archival purposes. Customer expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment.
Customer acknowledges that the Software Materials constitute valuable trade secrets of Seller and are unpublished works on which Seller, or Seller’s vendor, holds the sole and exclusive copyright. Customer agrees to maintain and protect the confidentiality of these trade secrets and agrees not to disclose them or use them for any purpose not contemplated by this Agreement. Customer agrees to formulate and adopt appropriate safeguards in light of its own operating activities, to insure protection of the confidentiality of these trade secrets. Customer shall immediately notify Seller of any information which comes to its attention which indicates that there has been any loss of confidentiality of Seller’s trade secret information.

DRAWINGS

Drawings will be provided by Seller only upon special request of Customer and subsequent approval of Seller.

Seller may provide reproducible copies of specification sheets, which list all assemblies and components. Pertinent assembly drawings will be included in the instruction manual.
Seller may provide original layout drawings, complete fixture drawings and lubrication diagrams with related information.

INSTALLATION/FIELD ENGINEER SERVICES

Unless otherwise specifically indicated, the quoted prices DO NOT include the services of Seller’s field engineer to supervise the installation of equipment and instruct the operator in its proper use.

CUSTOMER’S USE AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

It is Customer’s responsibility to provide anything that may be necessary to effectively protect all personnel from all bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the Seller’s products. If supplied or required, the operator’s manual or machine manual, all applicable Safety Standards, OSHA regulations, other sources and other applicable regulations should be consulted to protect personnel.
The proposed equipment or goods may not be used without all recommended or included safety devices.

RETURNS

Return of merchandise must be authorized in writing by Seller, have Seller’s “Return Merchandise Authorization” (RMA) number and be accompanied by a copy of original packing slip verifying shipment from Seller’s plant or warehouse. Any request to return goods must be made within ten (10) days from the receipt of the goods by Purchaser.

All returns will be subject to inspection. Returns must be in original container and in a resalable condition; no signs of contamination or damage and with no visible signs of having been installed.
Certain products purchased from Seller that has been removed from the original packaging may not be returnable.
Special order parts are subject to vendor return policy and may not be returnable. There will be a 10% return fee on the part(s) in addition to any vendor return fees if the part is returnable. Return freight charges from Seller to manufacturer will be applied.
There will be no returns on any parts after 30 Days from purchase.
There will be no refunds on freight charges.

CANCELLATION

Non-Cancellable and Non-Returnable items may only be returned or cancelled upon the express written approval of Seller. If no such approval is granted, Customer remains responsible for payment of any and all invoices relating to such items. Any customized fabricated system sold to Customer shall be non-cancellable, non-returnable. In the event Seller grants Customer cancellation of an order or any part thereof, cancellation charges shall be paid by Customer to Seller as follows:

Any and all work that is complete or scheduled for completion within thirty (30) days of the date of cancellation granted by Seller shall be invoiced to Customer and paid in full.
For work-in-process, other than covered by item a) above, and any materials and supplies procured, or for which definite commitments have been made by Seller in connection with Customer’s order, the Customer shall pay the actual costs and overhead expenses determined in accordance with Seller’s normal accounting practices, plus a minimum of fifteen percent (15%), upon invoicing.
All cost of storage, insurance, hauling, boxing or other costs in connection with material owned by Customer but on hand at Seller’s premises on account of cancellation shall be borne by the Customer.

FOREIGN PRINCIPAL PARTY IN INTEREST; FREIGHT FORWARDER AND DOCUMENTATION (EX-WORKS)

It is specifically agreed that the Customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Customer’s agent in such capacity for Export Administration Act or other applicable purposes; and Customer and freight forwarder shall assume responsibility for all export or routed transactions documentation. At Seller’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to them by Seller.

PERMITS, EXPORT, AND IMPORT LICENSES

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.

EXPORT CONTROLS AND RELATED REGULATIONS

Customer 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. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors. CUSTOMER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS.

COUNTRY OF IMPORTATION AND ANTI-DIVERSION

Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the Customer and Seller documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by Customer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Seller, Customer shall provide documentation satisfactory to Seller verifying delivery at the designated country. Customer further agrees to inform Seller at the time of order of any North American Free Trade Agreement or other applicable documentation, packaging or product marking or labeling, but Seller shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Seller expressly agrees, in writing, to do so.

INDEMNIFICATION

Customer agrees to defend, indemnify and hold harmless the Seller, its parent and affiliates, and their officers, agents and employees, against all claims, losses, expense and causes of action of every kind, made or asserted by any third party arising out of, or in connection with this Agreement or the article(s) sold hereunder.
Customer agrees to indemnify Seller for all costs incurred by Seller, including legal fees and court costs, as a result of any claim brought against Seller arising from Customer’s conduct, including, but not limited to, Customer’s misuse of the product or, for any custom-designed product, design decisions or product choices made by Customer.

WAIVERS

Customer hereby waives, for itself and for any and all persons who may assert a claim or lien in Customer’s place or stead, whether by subrogation or otherwise, any and all liens or claims of lien against the Seller for payments made by Customer’s Workman’s Compensation insurance carrier to Customer’s employees for injuries alleged to have been caused by any article sold hereunder.
Customer hereby waives, for itself and for any and all persons who may assert a claim or lien in Customer’s place or stead, whether by subrogation or otherwise, any and all claims against Seller for contribution or for indemnity, whether such claims arise under contract, statute, common law, or otherwise.

U.S. FOREIGN CORRUPT PRACTICES ACT

Customer states that it is an independent contractor, and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of the products ordered from Seller.

APPLICABLE LAW

This agreement, and all the rights and obligations hereunder, shall be construed pursuant to the laws of the State of Utah and Idaho.

Warranties & Limitations

DEFINITIONS

“Seller” is defined as Watts Steam Store & Subsidiaries.

“Customer” is defined as person or entity purchasing goods or service from Seller.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE.

Seller hereby assigns to Customer any rights it may have under any warranty extended by a third party covering a product or component sold by Seller to Customer. Materials manufactured by others and resold by Seller do not carry any additional warranty by Seller.
Seller shall not be liable under any circumstances for consequential, incidental, indirect or remote damages. No claim by Customer hereunder, whether relating to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect to which such claim is made.
Any “custom conversion” or adaptation hereunder is pursuant to the Customer’s specific request, and the Seller shall bear no risk of loss resulting therefrom.
Seller’s warranty shall not apply to any product or component which has been repaired, modified or altered outside of Seller’s locations in any manner or has been installed or used in a manner contrary to the original manufacturer’s printed instructions and specifications. In the event Customer modifies the goods sold hereunder without the express written consent of Seller, Customer agrees to indemnify and hold Seller harmless from any and all claims, demands, actions or causes of action or costs or expenses incurred thereby.
Customer is solely responsible for the design, selection and application of fabricated equipment, products, components and materials purchased from Seller. Any drawings, specifications, or information prepared by or furnished by Seller are for reference purposes only, and Seller makes no warranty or representations concerning the accuracy of such materials or information. Seller takes no responsibility for the design, selection and application of products, components and materials purchased by Customer.
The foregoing limitations on Seller’s liability shall also be the absolute limit of Seller’s liability for negligence or defect in the service, manufacture, installation, fabrication or other action with respect to the articles sold hereunder.
Seller has made preliminary tests of any software included within this order, to assure that any computer programs and documentation, part programs, programming manuals and the like (herein called “Software Materials”) supplied to Customer are operative for the purposes intended. However, because users of Software Materials may employ them in applications outside the scope of those originally contemplated, and because defects in Software Materials cannot with absolute certainty be detected and removed prior to actual machine or equipment operation, within six months from the date of delivery to Customer of any item of Software Materials, Seller will supply free of charge a corrected version of that item under the following conditions: (i) only if the Customer provides Seller with a detailed description of the problem or difficulty which has been experienced and (ii) only if the correction does not entail the creation of new Software Materials to serve a function not intended to be served by the original Software Materials. Customer shall have no rights under this subparagraph in the event if any changes are made or attempted to be made, in any Software Materials by Customer.
Any fabricated product, fabricated part thereof, or any goods in which a product has been installed covered by a quotation or sale which, under normal Seller standard operating conditions on the part of the Customer proves defective in material or workmanship within one (1) year from the date of Invoice by Seller, as determined by an inspection by Seller, will be replaced or repaired, at Seller’s option, at Seller’s facility, free of charge provided that Customer promptly sends to Seller notice of the defect and establishes that the product has been properly installed, maintained and operated within the limit of rated and normal usage. This warranty, as it relates to electronic control units, only applies if the Customer has in its employ qualified maintenance personnel. Components purchased by Seller are warranted by and in accordance with the individual manufacturer’s warranties, if any, not those of Seller. If an article is claimed to be defective in material or workmanship or not to conform to specifications, Seller, on written notice, shall at Seller’s option either examine the article at its site or issue authorization for return to Seller. In the event such article is returned to Seller, Customer shall be solely responsible for all costs and expenses associated with such shipment and Customer shall bear risks of loss or damage to goods while in transit. In the event an article within a component is determined to be covered under a third party warranty, Customer shall be responsible for all freight charges not covered by third party, and agrees that Seller may invoice for said charges. Articles not warrantable will be held for a period not to exceed fifteen (15) days pending disposition by customer.
Any service for repair shall be free from defects in material and workmanship for a period of 90 days from date of sale. Customer shall make such defective item available for inspection by Seller and, if so directed by Seller, shall return to Seller said item, free of debris, with transportation charges prepaid. In no event shall Seller be liable for any incidental, consequential or special damages of any kind or nature whatsoever, including but not limited to loss of profit arising from or in any way connected with said service or repair, whether alleged to arise from breach of contract, expressed or implied warranty, or in fact, including without limitation, negligence, or strict liability.
All products serviced for free or goodwill, but not warranted, will have a 60-day warranty, from date of service, that covers assembly only.