Watercooled Industries, LLC – TERMS & CONDITIONS
- Formation of Agreement. These Terms and Conditions apply to all proposals and quotations submitted by Watercooled Industries, LLC (“WatercooledIND”), to all purchase ordered received by WatercooledIND, and to all goods or services sold by WatercooledIND (“Goods”). These terms, together with the operative document in its original form giving rise to the applicable transaction, constitute the entire agreement between WatercooledIND and you (the “Agreement”). The Agreement supersedes all previous quotations and agreements regarding the Goods. Notice is hereby given that WatercooledIND objects to any terms or conditions modifying, adding to, repugnant to, or inconsistent with these Terms and Conditions which you may have added to a purchase order or other writing. No modifications, limitations, waivers or discharge of this Agreement shall be binding on WatercooledIND unless in writing and signed by WatercooledIND’s authorized representative. A course of performance, course of dealings, or customs in the trade shall not constitute a modification or waiver of any of WatercooledIND’s rights.
- Express Warranty. Subject to the terms of this paragraph, WatercooledIND warrants to you, the original buyer, that the Goods shall be free from defects in materials or workmanship for a period of one year from the date the Goods are shipped, provided that the Goods i) have been installed, finished, maintained, and used correctly and in conformity with any instructions and recommendations furnished by WatercooledIND, and ii) have not been misused, abused, installed incorrectly, neglected, modified, or altered. In order to make a claim under this warranty, you must contact WatercooledIND in writing prior to the expiration of the one year warranty period. Upon receipt of a written claim, WatercooledIND will contact you to arrange for shipment of the Goods without tires back to WatercooledIND at your expense. Upon receipt of the Goods, WatercooledIND will examine the Goods and conduct an investigation, which may include requesting additional information from you, to determine whether a defect exists. If so, WatercooledIND, in its sole discretion, will either repair or replace the defective item, or refund you the purchase price. Your remedies are limited to those specifically provided in this paragraph.
- Disclaimer of Implied Warranties. WatercooledIND disclaims all warranties, whether express or implied, other than those specifically contained in these Terms and Conditions, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, and non-infringement
- Returns. All sales of forged (3-piece) wheels are final; no refunds or exchanges. You are responsible for all shipping expenses as well as a 25% restocking fee (25% of invoice total) on all returns or exchanges of cast (1-piece) wheels.
- Delays. All delivery or shipping dates are estimates only. WatercooledIND will use reasonable efforts to fill the order in accordance with the estimated delivery or shipping date, but is not responsible for any delays in filling the order. WatercooledIND will not be liable for any losses or damages resulting from such delays, and you will not be permitted to cancel the order simply because of a delay.
- Limitation of Liability. WatercooledIND is not liable for any incidental, consequential, indirect, special, contingent, or punitive damages arising out of or relating in any way to the Goods. Goods are manufactured to customer specifications. WatercooledIND is not responsible for the accuracy of the information or specifications submitted by you. WatercooledIND is not responsible for any custom bolt pattern or finishing modifications requested by you as those services are provided by a third-party. WatercooledIND’s sole responsibility regarding these services will be to put you in contact with the service provider.
- Attorney Fees and Costs. You will be responsible for any attorney fees and costs incurred by WatercooledIND resulting from your failure to comply with the Agreement or WatercooledIND enforcing its rights under the Agreement.
- Applicable Law and Jurisdiction. You agree that this Agreement will be governed by Michigan law, without regard to conflict of laws provisions. You further agree that any claims, legal proceedings, litigation or other disputes that may arise between you and WatercooledIND must be brought in the courts of Ottawa County, Michigan, and you consent to the exclusive jurisdiction of such courts.