Company Policies and Terms and Conditions of Sale for Texas Final Drive, a division of Woodland Fluid Power, Inc. (WFP)
Updated 03/09/2020
General
The following terms and conditions shall constitute the entire agreement for the purchase and sale of WFP’s products. Any acceptance contained herein is made expressly conditional upon the Purchaser’s assent to the terms which are different from, in addition to, or vary the terms contained in Purchaser’s purchase order or request for quotation. Such assent shall be deemed to occur upon the failure of the purchaser to object in writing specifically to such term or terms within 14 days from the receipt hereof. Any terms and conditions contained in the purchaser’s purchase order or request for quotation which are different from, in addition to, or vary WFP’s terms and conditions shall not be binding upon WFP and WFP hereby objects thereto.
Returns
All returns must be postmarked no later than 15 days from the original ship date. Returns and exchanges must be in new condition and must include all instructions and original packing material. The customer will be responsible for payment of all return shipping charges. Original shipping and handling charges are not refundable. Returns must be authorized by WFP and are subject to a 20% restocking fee. These amounts will be deducted from the original amount billed and the remaining balance will be credited to the original credit card or payment method.
Cancellation
Orders for normally stocked items may be canceled by the customer or vendor for any reason prior to shipment. Full payment will be refunded promptly. Special order items are excluded from this policy.
Incorrect Item
If you received an incorrect item as a result of our mistake, no extra charges will be incurred. We will replace the items and pay the additional shipping charge.
Customer Order Error
Incorrect customer orders that have already shipped can be exchanged for any other new item without paying the restocking charge. However, the customer will pay the additional shipping and handling charge. The replacement item must be at least 75% of the value of the original item.
Return Shipping Instructions
Return via prepaid UPS, Fedex, or LTL freight service. Insure shipment for full value of purchase. Use original packaging if it is still in good condition. We are not responsible for packages lost during return shipping.
Taxes
All applicable federal, state, or local sales, use, or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the front side of this document unless otherwise specifically stated. WFP shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
Shipping and Handling
Shipping and handling charges are based on total price and weight of your order. Oversized or heavy items may have an additional shipping cost. This charge may not be calculated until the order is being prepared. We will notify you if there is an increase in the shipping charge of your order prior to billing and shipping.
Shipment Carriers
All items are sold FOB from our shop in Magnolia, TX. We provide optional shipping via UPS or Fedex carriers in the continental US. Shipments to Alaska and Hawaii and international orders will have an additional shipping and handling cost applied. The customer may, at their sole discretion, obtain their own shipping or courier services. Shipments lost, mis-routed, delayed, damaged, or otherwise impacted while in transit are outside of our control and not our responsibility. We will assist the customer in filing any claims with the carrier and refund the customer any proceeds obtained as a result of those claims.
Delivery Time
Allow approximately 4-10 business days for delivery of in-stock items in the Continental US. Allow additional time for shipments to Alaska, Hawaii, and international orders.
Please note that WFP does not intentionally sell nor market our products and services to customers subject to the General Data Protection Regulation ((GDPR), (EU) 2016/679) which governs the data protection and privacy for all individuals within the European Union and the European Economic Area.
Warranty
WFP warrants to the original purchaser of its products that if the product or any part thereof in the sole judgment of WFP is proven to be defective in material or workmanship within 1) one year from the date of shipment for all reman drives and 2) two years from the date of shipment for all new drives and pumps, such defects will be repaired or replaced at WFP’s option. WFP’s total liability is limited to only the repair or replacement of the individual component involved. WFP is never responsible for any other expenses or damages incurred.
The warranty stated shall not apply if the malfunction of the product is considered to be attributed to any of the following:
– Negligence, improper connection,improper installation, hydraulic system contamination, and other factors outside our control.
– Failure to follow manufacturer’s installation and maintenance procedures.
– Failure to replace the case drain filter and/or clear other obstructions in the return line, if applicable.
– Failure to fully inspect the hydraulic system and replace all contaminated hydraulic fluid and filters prior to installing the product.
– Shipping damage – must be handled through a claim with the freight carrier.
– Lack of operating skill of the operator, including carelessness and abusive use, overloading, and/or insufficient or improper maintenance.
The warranty described herein are in lieu of any other warranties either expressed or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. There are no other warranties which extend beyond the description contained herein and no other person is authorized to assume for WFP any other liability in connection with the sale.
WFP strongly recommends that only experienced, trained, and certified hydraulic mechanics repair or replace hydraulic components. Extremely high pressures exist in hydraulic systems. Caution must be used when working on these systems, and WFP advises that only the original equipment manufacturer’s approved procedures be used when installing and servicing hydraulic components.
Updated March 09, 2020:
As a way to become lifetime partners with our customers, we now offer a LIFETIME ASSURANCE Program for the brand new Final Drive Motors we sell. We’re so confident in our products, especially when properly maintained, that we want our customers to benefit from their partnership with us; hence, moving forward and as of January 1, 2020, under the terms of our LifeTime Assurance Program, you, the customer, will automatically receive 15% off any replacement drive for brand new drives originally sold to you since January 1, 2020 whose original two year warranty has expired (we pay for the shipping of your old drive back to us).
Maintenance requirements for LIFETIME ASSURANCE are the same as our two year warranty requirements: proper preventive care (regular filter and fluid changes, etc.) Please note that as of now this program is for New Drive sales only.
Limitation of Liability
No claim made hereunder by the Purchaser, whether as to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect of which such claim is made, and WFP shall under no circumstances be liable for consequential damages.
Special Order Items
Orders for items not normally stocked are classified as special orders. Special order items are fully tested and inspected prior to shipping and not returnable for any reason. Please verify fitments and compatibility prior to ordering to ensure that the item is correct for your application. Special order items may take up to 12 weeks to ship due to manufacturer availability, US Customs, and other factors outside of our control. All special orders require full non-refundable payment at time of order.
Rebuilt Items
Rebuilt parts are composed of new, used, and refurbished components assembled by WFP and its vendors. Whenever possible, the customer’s core parts will be reused if they are deemed usable upon inspection. No guarantees are made that a particular part or component will be used or that all new components will be installed. Any questions about the contents of the rebuilt part should be addressed prior to the sale. Normal rebuild times vary from 2-4 days depending upon other orders in the queue and external factors. It may take up to 10 business days or longer to rebuild a part if replacement parts must be ordered. WFP will make every effort to expedite rebuilds and keep the customer informed of any delays.
Core Policy
A core charge is assessed on certain products and parts sold by WFP. The core charge will only be refunded upon meeting the following conditions:
– Core part must match exactly the manufacturer, part number, and model of the part sold to the customer.
– Core must be complete and assembled, including all parts.
– Core must be returned within 30 days of original order shipment.
– Core must not show signs of negligence, abuse, or damage including but not limited to damage or loss of parts during shipping.
Examples of core negligence, abuse, or damage include rusted internal components, water damage due to improper or extended storage times, components damaged during shipping, components improperly packaged, and parts from multiple different cores shipped together to look like one core. WFP reserves the right to adjust the core return credit for any of the above and other reasons at its full and sole discretion. The customer must send in their core part for inspection if they have any concerns about whether their core will receive full credit.
Quotations
All quotes are valid for 30 days from the day the quote was given.
Abandoned Parts
Any part sent in by the customer for evaluation as a core part or any repair quotation left for more than 30 days will be deemed abandoned by the customer, and ownership shall change to WFP with no notice to the customer.
Backordered Items
Backordered items are items that WFP normally stocks but are currently out of stock. If an item is backordered, WFP will notify the customer via email. For shipments scheduled more than 30 days after the order date, WFP will notify the customer via email and provide a cancellation option. Backorders will be filled before new orders when the backordered items become available.
Miscellaneous
a) All manufacturers’ names, symbols, trademarks, rights, descriptions, and other property are used for reference only, and it is not implied that any part listed is the product of these manufacturers. WFP is an independent company and does not represent any manufacturers of the products sold.
b) Individual product descriptions may contain claims of the manufacturer and/or distributor and are not guaranteed to be accurate.
c) Prices are subject to change without notice.
d) We reserve the right to refuse to sell to anyone for any reason.
e) WFP’s failure to insist, in one or more circumstances, upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of its right to such performance or the future performance of such term or terms; the Purchaser’s obligation with respect thereto shall continue in full force and effect.
f) Any notice or other communication required or permitted hereunder shall be sufficiently given if sent via email, fax, or postal mail to the other party thereto at its respective address on file. Any such notice shall be deemed to have been received on the third business day following the transmission or mailing.
g) The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions.
h) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
i) All reasonable legal and collection costs will be charged to customer if referred to collection.
Payment Terms
Payment is due on order. A service charge at the maximum rate allowed by law will be charged on balances which are over 30 days outstanding.