AGREEMENT. These Standard Purchase Order Terms and Conditions shall apply to any Purchase Order (a "P.O.") issued to Seller by WD-40 Companies, herein referred to as "Buyer." Unless otherwise provided in a written agreement executed by Seller and Buyer, each P.O. accepted by Seller, together with all documents expressly referenced in such P.O., the Representations and Certifications form executed by Seller (if any) and these Terms and Conditions, shall constitute the entire agreement (the "Agreement") between Buyer and Seller with respect to the purchase, sale and delivery of the products described in such P.O. (the "Products") and the performance of any work described in the P.O. and shall supersede all prior agreements, understandings and representations between Seller and Buyer with respect thereto. Any additional or different terms stated by Seller in any proposal, quotation, confirmation, acknowledgement, invoice, or otherwise shall be of no force and effect, and no course of dealing, usage of trade, or course of performance shall be relevant to explain or supplement any term expressed in the Agreement.
INSPECTION; ACCEPTANCE. Final inspection of Products delivered shall be made at Buyer's premises unless otherwise specified in writing signed by both parties. Buyer shall either accept or reject Products or work within the later of (a) sixty (60) days after the Due Date specified in the P.O. or (b) sixty (60) days after receiving such Products or work. Any non-conformity in any Products or work shall be deemed to substantially impair the value of the Agreement to Buyer and shall entitle Buyer to reject such Products or work or to revoke its acceptance thereof. At Buyer's option, Buyer may return non-conforming Products or work to Seller, freight collect, or Buyer may modify or adapt non-conforming Products or work to render it acceptable. If Buyer elects to return such non-conforming Products or work, Seller shall issue a return authorization number for all non-conforming Products within 24 hours after Buyer's request, and such non-conforming Products or work shall be the property of the Seller. If Buyer elects to modify or adapt non-conforming Products or work, Buyer may offset all costs incurred in performing any such modifications and adaptations against any and all amounts otherwise due to Seller or, at Buyer's option, may bill Seller directly for such costs.
WARRANTIES. Seller warrants that all Products delivered and work performed under the Agreement shall be free from defects in workmanship and material and fit for the purposes for which such Products or work intended. Further, all Products delivered and work performed shall contain all new materials, shall strictly conform to the requirements stated in the P.O. and all other specifications furnished by Buyer therefore, and shall conform to Seller's specifications to the extent such specifications are consistent with those provided by Buyer. The foregoing warranties shall remain in effect for a period of one (1) year after Buyer's acceptance of Products delivered or work performed, except that in the case of any latent defect or any defect caused or concealed by fraud or gross negligence, the warranty period shall be extended until the expiration of one (1) year after Buyer's actual discovery of such defect. As a remedy for breach of any of the foregoing warranties, Buyer may elect, at Buyer's option, (a) the repair or replacement of non-conforming Products or work, which shall be accomplished by Seller at no charge to Buyer in accordance with Paragraph "INSPECTION; ACCEPTANCE." above; (b) modification or adaptation of the non-conforming Products or work at Seller's expense in accordance with Paragraph "INSPECTION; ACCEPTANCE." above; or (c) return of non-conforming Products or work to Seller and a full refund to Buyer of the aggregate purchase price paid therefore.
Magnuson-Moss Warranty Act:
Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) Learn More