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Terms & Conditions for Würth Baer's Sales of Products
Other Terms & Conditions:
  1. Terms & Conditions. The following Terms & Conditions for Würth Baer’s Sale of Products (these "Terms & Conditions") apply to all sales of goods by Würth Baer Supply Co. (referred to below as "Würth Baer", "we", "us", or "our") unless otherwise agreed in writing by us. By purchasing or attempting to purchase goods, the buyer (referred to below as "you", "your" or "buyer") of goods from us agrees to these Terms & Conditions and our Privacy Notice. If goods are purchased using the website, then Website Usage Terms & Conditions referenced above form a part of these Terms & Conditions.
  2. New Accounts. Access to the Würth Baer online catalog does not constitute permission to purchase or an obligation to sell any goods. Accounts may be deleted after 12 months of inactivity. An approved credit application is required to re-establish a deleted account. Würth Baer is able to invoice the buyer using standard invoicing procedures, summary invoicing, EDI, email, and by accepted credit card.
  3. Ordering. To help facilitate the handling of your orders, please choose the ordering method that is convenient for you.
    • Online: Würth Baer provides secure online ordering, available 24 hours a day, 7 days a week. Simply browse our print catalog or website for the goods you need and go to the checkout center. It is that simple!
    • Telephone: Call the nearest Würth Baer branch servicing your area or call our toll-free number, 1-800-289-2237, (Monday through Friday, 7:00 AM to 5:00 PM Central Time. When calling, it is helpful to specify the style, size, color (if applicable), and a complete description of the goods you are ordering. Please reference this online catalog or the Würth Baer item number for the goods.
    • Fax: Fill out the order form and fax it to the nearest Würth Baer branch servicing your area or fax your order to 1-888-558-2237.
    • Other Ordering Methods: Email, EDI, or one of our automated purchasing systems.
  4. Payment. Unless we otherwise agree, accepted methods of payment are a buyer’s business check, VISA®, MasterCard®, American Express® or Discover, cash or cash equivalent. Unless otherwise agreed by Würth Baer, the buyer must pay all invoices and fees not later than "25th prox.", meaning payment in full by the 25th day of the month following the invoice date. Non-compliance with these payment terms may result in an account being relegated to COD terms or deleted. An account becomes past due on the 26th day of the month following the invoice date. Buyer agrees to pay to a finance charge of 1.5% per month ($1.00 minimum) under our standard invoice procedures on past due amounts. All orders are subject to approval by our credit department. We reserve the right to ship COD if we believe that a buyer will not maintain a satisfactory credit rating, or the services of a credit rating agency becomes impaired, or we become insecure. We may require prepayment prior to accepting an order for non-stock goods. We reserve the right to require full payment before any shipment or delivery. Our fee to a buyer for a check returned unpaid is $25. We reserve the right to change prices on goods prior to our acceptance of your order, without notice. A COD account that requests to be notified of the total dollar amount of a shipment prior to delivery will be contacted either before the close of business the day the shipment leaves our premises, or early on the following business day. If cash or a certified check payment is required by Würth Baer, shipment may not be released without assurance of payment.
  5. Freight/Shipping. Shipping dates given in advance of actual shipment are estimates, and do not represent fixed or guaranteed shipping dates. Delivery dates are not guaranteed. Würth Baer will not be liable to the buyer, or the ultimate user, for any claims arising from delay in shipment or delivery.
    • Shipment delivered by our truck is only available in those areas immediately surrounding our distribution centers. The freight policy varies by center, so please contact your local branch for their specific freight policy at 800-289-2237.
    • We reserve the right to make partial shipments of any goods ordered unless the order is marked "ship complete". Items not shipped will be back-ordered at our discretion
    • Orders placed online up to $500.00 through WürthBaerSupply.com, are shipped by standard United Parcel Service (UPS), or similar. Shipping costs will apply and may vary by region. Generally, shipping is no charge for all online orders over $500.00.
    • Shipments via air (next day or second day) are available upon request but solely at the expense of the buyer, regardless of the amount of the order. If interested in air shipping, please contact the Würth Baer Customer Service Department at 800-289-2237 for a quote of approximate charges. If the dimensional weight of a package exceeds the actual weight, the dimensional weight may be used to determine the freight charge.
    • Shipment outside the Continental U.S.: is freight collect only.
    • The freight terms on shipments made directly from the manufacturer, regardless of the details and size of the order, are governed by the individual manufacturer. Buyer acknowledges and agrees that the actual item shipped from the factory may vary from the item shown in our catalog or on our website.
    • There are no freight charges on shipments of backordered stock goods, regardless of the amount of the original order. Hazardous Material Fees (see #6 below), and other fees may apply.
    • Stationary machinery are goods designated in our print and online catalogs and/or sales fliers with the symbol "#" after the two-letter item prefix. These goods will always have a freight charge associated with them regardless of the amount of the order. For original orders containing less than $225 of non-machinery goods, the freight charge is $40; with original orders between $225 and $450 of non-machinery goods, the freight charge is $20; and with original orders containing in excess of $450 of non-machinery goods, the freight is no charge.
    • Non-stock Goods: Würth Baer attempts to maintain a complete, adequate stock of inventory. However, there are many goods which we do not display on this website that are available from our manufacturers. We invite all inquiries.
  6. Additional Fees.
    • Original COD orders shipped via small parcel will incur a minimum $17.50 COD fee. Original COD orders shipped via common carrier will incur a minimum $32.00 COD fee. Backorders from COD shipments will be shipped freight prepaid, however, COD and any applicable additional fees will be charged. COD fees can be avoided by using VISA®, MasterCard®, American Express® or Discover ®.
    • There are certain goods in our online catalog that are subject to a hazardous material fee and must be specially packed and labeled by us for shipment. Due to these extra handling and labeling charges, we charge a minimum $21.00 per box ground service. Hazardous Material fees will be added to the invoice, in addition to any other applicable fees and charges. These goods will be marked with a hazardous material pictogram. Würth Baer maintains a complete and up-to-date file of Material Safety Data Sheets (MSDS) on all goods we sell. Material Safety Data Sheets will be sent with each shipment containing goods listed as hazardous by the Department of Transportation or any goods classified as "Consumer Commodity." Copies of Material Safety Data Sheets are available upon request.
    • Laminate shipped via third party carrier will incur additional shipping charges.
    • Würth Baer maintains a fleet of delivery vehicles to get your shipment to the jobsite or plant when you want it. Where appropriate, Würth Baer will ship via UPS, or other forms of transportation to deliver your order.
  7. Pickups/Will Calls. Each of our distribution centers has its own specific time guidelines for the processing of Pickup/Will Call orders, so please contact your local distribution center for their exact schedule. Please be advised that none of our distribution centers has formal showrooms or counter service that allow for goods sampling.
  8. Claims. Goods in transit travel at the risk of the buyer. Würth Baer is not liable for loss or damage in transit. Damage and/or shortage must be noted upon the delivery receipt or bill of lading and be countersigned by the delivering carrier's representative. We will be pleased to furnish any information or assistance available to us to help the buyer establish a freight loss or damage claim against the carrier. Damaged goods or shortages must be reported to us within 48 hours after delivery. Within 10 days after receipt of any shipment, and before any part of the contents has been changed from its original condition, buyer shall notify Würth Baer in writing if any goods are defective or non-conforming. Failure to timely notify Würth Baer, or use of the goods, shall be conclusive that the goods have been accepted and Würth Baer has satisfactorily performed.
  9. Product Returns. If the buyer desires to return goods to Würth Baer, the buyer must contact Würth Baer and request a Returned Goods Authorization. We will work with the buyer to accept the return of goods for credit, but only under the following conditions:
    1. All returned goods must:
      • have been purchased from Würth Baer;
      • be received by Würth Baer in good resalable condition;
      • be in the manufacturer’s original packaging;
      • not have been a special order or non-stock item;
      • not be discontinued by the manufacturer either before or after Würth Baer’s sale;
      • pass inspection upon receipt by Würth Baer;
      • not be "cut-to-length" or otherwise modified;
      • not be a clearance item; and
      • not be a perishable item (ask us for details).
    2. "Special orders" and "non-stock" refer to goods that Würth Baer does not regularly carry in its inventory. These goods are ordered by Würth Baer from the manufacturer only upon a specific request from the buyer. Manufacturers generally do not allow Würth Baer to return these goods to the manufacturer.
    3. Only current stock goods of reasonable quantity will be considered for return and credit. Freight damages or shortages must be reported to the carrier upon receipt of goods. All packaging materials must be saved as it may be a requirement of the carrier for processing a claim.
    4. Customers must receive a Returned Goods Authorization (RGA) from Würth Baer prior to returning goods. Upon contacting Würth Baer, we will provide the buyer with a RGA number. All goods to be returned must have a RGA number included with the return in order for Wurth Baer to consider the return and to issue a credit to the buyer.
    5. Würth Baer provides buyers with UPS "Authorization Return Services" (ARS) shipping labels. ARS labels are routinely included in Würth Baer shipments that require box packaging and are also available by contacting a Würth Baer outside or inside sales person. Returned goods with ARS labels that are given to UPS will be delivered to a Würth Baer location.
    6. In areas that Würth Baer operates delivery vehicles, buyers can have returnable goods returned without a delivery charge by giving return packages to the Würth Baer delivery truck driver after an RGA number is created and pickup is scheduled.
    7. If goods are being returned other than as a result of our error and an ARS label is used, the buyer will be charged a $ 9.50 ARS fee. Goods returned as a result of damage, defect or Würth Baer error, will not be charged the ARS fee.
    8. Returns other than defective or damaged goods, or shipments made in error by Würth Baer, will be subject to a handling/restocking charge according to the following schedule. For the RGAs requested within 30 days after purchase, the fee is 20% of the returned goods price; for RGAs requested 31 to 60 days after purchase, the fee is 30% of the returned goods price; and for RGAs requested 61 to 90 days after purchase, the fee is 40% of returned goods price.
    9. Würth Baer will not accept for return any goods that were purchased greater than 90 days after the date of buyer’s first request for return of the goods.
    10. Power Tools purchased from Würth Baer in original packaging may be returned for a credit equal to the invoice price of the tool within 30 days of purchase subject to the following limitations: (1) goods and components must not show signs of abuse, misuse, modifications, cracked or cut cords, dents, scratches or damages by fire, mud or other foreign matter; (2) special order, non-stock, discontinued and clearance items are not returnable; and (3) some tools are subject to a 30% restocking fee. In no event will returns of power tools be accepted more than 30 days after purchase.
    11. All returns and credits for returned goods are subject to the approval of Würth Baer.
  10. Limitation of Würth Baer’s Liability. Würth Baer shall not be liable for injury or damage to the person or property of the buyer or others caused by goods bought from us or through us. Würth Baer shall not be liable for any special indirect, incidental, or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of the goods or other property to which the goods are applied or have become attached. In no event shall Würth Baer be liable to buyer or others for an amount that exceeds the price of the defective goods purchased from or through Würth Baer. NO REPRESENTATION, STATEMENT, COMMUNICATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, QUALITY, SUITABILITY, APPLICATION, USE OR PERFORMANCE, MADE BY WüRTH BAER EMPLOYEES OR REPRESENTATIVES, SHALL BE DEEMED A REPRESENTATION OR WARRANTY BY WüRTH BAER, AND SHOULD NOT BE RELIED UPON BY BUYER OR ANY OTHER PERSON.
  11. Warranty/Limitation of Buyer's Remedies. ALL GOODS ARE SOLD "AS IS", WITH ALL FAULTS", WITHOUT RECOURSE. WüRTH BAER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO GOODS PURCHASED FROM OR THROUGH WüRTH BAER. WüRTH BAER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. Buyer waives all claims against Würth Baer arising out of or relating to defective or non-conforming goods purchased from or through Würth Baer, and agrees to assert all claims for breach of warranty, strict liability, tort, or otherwise, against the manufacturer of the goods. Buyer’s sole and exclusive remedy for defective or non-conforming goods shall be for the repair or replacement of defective goods by the manufacturer in accordance with the manufacturer’s warranty.
  12. Taxes. Unless otherwise noted, prices do not include any present or future sales, use, excise, value added or similar tax. Where applicable, all such taxes shall be paid by the buyer. Buyer shall furnish evidence of exemption and have compliance documents on file with Würth Baer, if applicable.
  13. Performance. Würth Baer shall not be liable for failure of goods to perform, or for delay in performance if performance is prevented or delayed due to acts of God, war, terrorism, riot, fire, labor trouble (including, but not limited to, strikes, lockouts and labor shortages), failure of computer systems to operate properly, destruction or loss of electronic records or data, plant shutdowns, unavailability of goods, materials or components, unavailability of or delays in transportation, insufficient production capacity, unavailability or shortage of products, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or any circumstances or causes beyond Würth Baer’s control. Würth Baer may, without liability, allocate and distribute goods among such customers and in such proportions as Würth Baer, in its sole discretion, determines.
  14. Indemnification. If the buyer or other user uses goods purchased from or through Würth Baer in an application or as a component of any other product or service, the user has the responsibility and agrees to determine the suitability of the goods purchased by testing or other means, and to determine that the application or end product or service meets all applicable industry standards for safety, durability, and performance, and buyer’s contractual obligations. If buyer uses goods purchased from or through Würth Baer in an application or end-product, and their use results in damage or harm to the person or property of buyer or others, Buyer agrees to indemnify and hold harmless Würth Baer for all costs, claims, damages, and expenses, including, but not limited to, attorneys’ fees, arising out of or resulting from such use, whether arising out of breach of warranty or contract, tort, or other grounds. Buyer further agrees to indemnify and hold Würth Baer harmless from all costs and expenses, including, but not limited to, attorneys' fees, suffered or incurred by Würth Baer in enforcing any of the provisions of these Terms & Conditions, or in defending itself from any claim that the goods, or any application or use of the goods, did not perform as expected. If buyer or other user of goods initiates a legal action against Würth Baer, and buyer or such other user does not prevail, Buyer will indemnify Würth Baer for all costs and expenses, including, but not limited to, attorneys' fees, incurred by Würth Baer to defend itself.
  15. Governing Law. The validity, performance, construction and effect of these Terms & Conditions shall be governed by Illinois law. All purchases by buyer are deemed made in Illinois and performance of all of Würth Baer’s obligations shall be deemed to be made in Illinois.
  16. Forum Selection/Consent to Jurisdiction. Buyer agrees that all legal actions related to goods purchased from or through Würth Baer shall be litigated only in a court located in Lake County, Illinois, or Cook County, Illinois. Buyer consents and submits to the jurisdiction of any state or federal court located in Lake County, Illinois, or Cook County, Illinois. Buyer hereby waives any right it may have to transfer, change, or object to venue in Lake County, Illinois, or Cook County, Illinois. Notwithstanding the foregoing, Würth Baer may initiate any action to collect any amounts owed Würth Baer by buyer in any such courts, or in any state or jurisdiction where there is personal jurisdiction over buyer, or where buyer may have property located.
  17. Samples. Reasonable requests for sample goods valued under $1.00 will be sent at no charge, freight prepaid. Such requests for goods valued over $1.00 will be sent without a handling charge; however there will be a charge for freight and for the goods.
  18. Product Depictions. Pictures and content presented in this online catalog were compiled from data furnished by the manufacturers. Würth Baer assumes no responsibility, and does not make any representations as to the accuracy of the specifications of any goods. Würth Baer does not verify the accuracy of any such information or the function or use of any of the goods sold by or through it. Würth Baer does not assume responsibility for any information provided by the manufacturer regarding any goods. All illustrations and descriptions are for the sole purpose of identification, and Würth Baer does not represent that the goods will necessarily conform to the illustrations or descriptions. While the Würth Baer makes every effort to populate its print and online catalogs with high quality images and accurate content, the color and depiction of goods on the Würth Baer website are subject to the settings and hardware of the computer used to display them. Any digital or printed copy of an image from the Würth Baer website should be used as a guide, not as a sample or guaranty.
  19. Communication. Buyer acknowledges and expressly consents to Seller's use of an automatic telephone dialing system to initiate calls, faxes or text messages to buyer for any business purpose, including, but not limited to, confirming or updating information, buyer’s information, collections of accounts receivable, marketing of Würth Baer's products, status of product delivery and delivery address confirmation. Buyer's agreement to this provision is not a condition of purchasing any of Würth Baer's goods or services.
  20. Miscellaneous. The headings of the various sections in these Terms & Conditions are inserted for convenience of reference only and shall be ignored in the construction or interpretation of these Terms & Conditions. Würth Baer reserves the right to unilaterally modify or amend any portion of these Terms & Conditions at any time without prior notice. The version of these Terms & Conditions in effect on the date of the buyer’s purchase of goods, forms a part of our terms of sale and supersedes all prior versions of these Terms & Conditions.

Revised: 22-July-2019