WEBB TERMS AND CONDITIONS – 2017
All Prices and Specifications are subject to change without notice.
TERMS AND CONDITIONS OF SALE
Unless otherwise agreed in writing the following conditions of sale shall apply to any
order accepted by Webb Machinery and hereinafter called Webb.
Webb and purchaser agree that title in and to the property shall remain in Webb until
the full purchase price has been paid by purchaser and received by Webb. Until
payment in full, the property shall be and remains personal or removable property
notwithstanding its mode of attachment to realty or other property. Default by the
purchaser in any terms herein or in the Invoice shall give Webb the right to take
immediate and unconditional possession of the property. Purchaser agrees that
Webb may retain 20% percent of the purchase price, as liquidated damages, not as a
penalty, and Webb shall be entitled to the immediate possession of the property and
may use any lawful means to remove the property in the possession of the purchaser,
without prejudice to Webb’s right to recover any further expenses or damages Webb
may suffer by reason of such non-payment.
TERMS OF PAYMENT
All first orders must be paid in full, regardless of credit status prior to shipment. All
payments for products released and shipped on approved credit shall be due in (30)
days from date of invoice. Past due balances shall be subject to a service charge of 1.5
% per month. Partial shipments will be billed as shipped and payments are subject to
the above terms. Webb may cancel or delay delivery of products in the event a
customer fails to make prompt payments.
TRANSPORTATION AND PAYMENT
Webb reserves the right to select the means of transportation and routing when
customer’s instructions are deemed unsuitable. Risk of loss and/or damage shall pass
to customer upon delivery of the products to the Transportation Company at the
F.O.B. point. All products must be inspected upon receipt and claims should be filed
with the transportation company when there is evidence of shipping damage either
concealed or external.
Delivery schedules are approximate and are based on conditions at the time of
acceptance. Webb will make every effort to complete shipment as indicated, but
assumes no responsibility or liability for loss or damage by reason of delay or inability
to ship, caused by Acts of God, fires, floods, war, embargo’s, labor disputes, acts of
sabotage, riots, accidents, delays in carriers subcontractors or suppliers, voluntary or
mandatory compliance with any governmental act, regulation or request, shortage of
labor, materials or manufacturing facilities, or any other cause or causes beyond
Webb’s reasonable control.
Webb shall not be liable for and shall be held harmless by the purchaser for any
damages consequential or inconsequential, direct or indirect arising out of, in
connection with or resulting from the merchandise, including but without limitation,
the manufacture repair, handling, installation, possession, use, operation or
dismantling of the merchandise and any and all claims, action suits and proceeding
which may be instituted in respect to the foregoing.
Webb warrants to the original purchaser of the product that the product will be free
of defects in materials and workmanship for a period of one (1) year from the original
date of purchase. If the product should become defective within the specified
warranty period, Webb will, at its option: (1) repair any part(s) that appear, to its
satisfaction, to have been defective in material or workmanship; (2) replace any
part(s) that appear, to its satisfaction, to have been defective in material or
workmanship, with a comparable part; or (3) refund to the purchaser the purchase
price if the defect in the product is one covered by this warranty and Webb is unable,
by repair or replacement, to make the product perform the work for which it is
Replacement parts and products will be new or serviceably used, comparable in
function and performance to the original part, and warranted for the remainder of
the original warranty period or, if longer, 30 days after they are shipped to purchaser.
Purchasing additional products from Webb does not extend the warranty period.
All claims for warranty service must be made by written notice to Webb at the
following address: 17925 Collier Avenue, Lake Elsinore, CA 92530. No claim under
this warranty shall be valid if not made within the above warranty period. In order
for a claim to be effective under this warranty, the purchaser must give Webb notice
of any defect within five (5) days after the date of discovery of the defect. Failure of
purchaser to notify Webb of the particular defect within the five-day claim period
shall void the warranty for that particular default. This warranty does not obligate
Webb to bear any transportation, removal or installation charges in connection with
the inspection, repair or replacement of defective parts. The limited warranty
contained herein is the purchaser’s exclusive remedy.
This warranty also excludes all costs arising from routine maintenance, including the
replacement of any parts required by such maintenance. Webb reserves the right to
modify, alter or improve this product, or parts thereof, at any time without incurring
an obligation to modify, alter, improve or replace any product, or parts thereof,
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS
WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER
FUNCTIONALITY. WEBB DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR
DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR
PARTS, OR THE COMBINATION OF WEBB BRANDED PRODUCTS WITH OTHER
PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER DESTRUCTION OR
ALTERATION OF SERIAL NUMBER REPAIR OR ALTERATION OUTSIDE AN
AUTHORIZED SERVICE CENTER.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR THE WARRANTIES EXPRESSED HEREIN, WEBB DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED
WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS
THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE
PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, WEBB UNDERTAKES NO
RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS OR THAT THE PRODUCTS
WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE
PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE
WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY
WEBB ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
IT IS UNDERSTOOD AND AGREED THAT WEBB’S LIABILITY AND PURCHASER’S SOLE
REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING
NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE
RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER, AND
UNDER NO CIRCUMSTANCES SHALL WEBB BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT,
LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER
ADDITIONAL EXPENSES, EVEN IF WEBB HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A
CONSIDERATION IN LIMITING SELLER’S LIABILITY. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WEBB TERMS AND CONDITIONS – 2017
All Prices and Specifications are subject to change without notice.
WEBB WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A
RESULT OF PURCHASER’S NEGLIGENCE, WHETHER DEEMED ACTIVE OR PASSIVE
AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH
DAMAGE, LOSS OR EXPENSE.
DEALERS MAINTENANCE AND REPAIR
If the item is purchased through a Machinery Dealer, it is the responsibility of the
dealer to provide their customers with the service and maintenance necessary to
maintain quality machine(s) for warranty period at no charge to the customers.
Please do not return excess or unused merchandise for credit without Webb’s written
authorization. Webb reserves the right to decline all returns or to accept them subject
to a handling charge of not less than 15% of the invoiced material value.
Even after Webb has authorized the return of goods for credit, Webb reserves the
right to adjust its offer in accordance with condition of the goods on arrival in its
warehouse. In no case will Webb offer credit for goods returned 30 days or more after
shipment. Credit for returned merchandise is issued only to the original purchaser
and not to subsequent owners of the goods.
In the absence of a written acceptance of these terms and conditions by Purchaser, an
acceptance of any of the goods covered by the order shall constitute an acceptance of
these terms and conditions. Webb’s failure to object to provisions contained in the
purchaser’s order shall not be deemed a waiver of the terms and conditions hereof.
No waiver, alteration or modification of these provisions shall be binding upon Webb.
Salesmen have no authority to alter prices, terms of payment or general sales
conditions. Any attempt to strike out or alter the terms hereof shall not be deemed an
acceptance, but a new offer by the purchaser, which must be expressly accepted by
Webb in writing, to be effective.
The right and obligations of the parties shall be governed in all respects by the laws
of the state of California.
If any action at law or in equity by either party to enforce or interpret the terms set
forth herein or in the Invoice, the prevailing party shall be entitled to recover from
the unsuccessful party reasonable attorney’s fees, costs, and necessary
disbursements in addition to any other relief to which the prevailing party may be
ANY ADDITIONAL COST FOR NEXT DAY SHIPPING WILL BE AT THE CUSTOMER’S