Terms and Conditions, Legal Disclaimer, and Privacy Policy

Terms and Conditions
1. All goods and/or services sold by Weiner Distributing Company ("WDC") to Buyer, and all purchase orders placed by Buyer for such goods and/or services are subject to these Terms and Conditions. Buyer agrees that the Terms and Conditions of any purchase order which are in any way inconsistent or in addition to the Terms and Conditions shall not be binding upon WDC and shall be inapplicable to this sale unless it is expressly agreed to in writing by an authorized officer of WDC.

2. Unless otherwise specified on the reverse hereof, payment is due upon WDC's completion of each order. Late payment shall constitute a default of this agreement and shall be subject to a late charge at a rate equal to one and one-half percent (1 ½ %) per month multiplied by the amount which is in arrears. If collection efforts are commenced to enforce Buyer's performance, Buyer shall reimburse WDC for all costs and expenses associated with said enforcement, including attorneys' fees.

3. In the event Buyer defaults on this agreement, ALL monies which are or shall become due to WDC arising out of any agreements or purchase orders existing between the Buyer and WDC shall be immediately due and owing irrespective of the payment terms recited on individual agreements or purchase orders. Buyer agrees to indemnify WDC against any claims by Buyer's customers or invitees, relating to or arising out of use of equipment sold by WDC.

4. All equipment and materials must be inspected by Buyer upon receipt. Any claim of shortage, damage, defect, or other deficiencies must be made by Buyer at delivery or, if not delivered, at pick-up, or are waived by Buyer. Buyer acknowledges that all decisions concerning credits for the return of materials and equipment are made at the sole discretion of WDC and that said return policies may be modified or revoked at any time without notice. Buyer shall incur a twenty-five percent (25%) restocking fee on all material or equipment returned by Buyer to WDC for reasons other than WDC's inability to cure a material defect, as provided herein.

5. The RISK OF LOSS of any goods purchased hereunder shall pass to the Buyer upon delivery to Buyer at the designated and agreed location. If the Buyer is to pick up the goods at WDC's facility, the Risk of Loss passes to Buyer at pick-up or 24 hours after the Buyer is notified that the goods are ready, which ever is earlier.

6. As a condition precedent to any claim by Buyer to void a sale/purchase, Buyer agrees that WDC shall have a right to repair and/or cure any defect claimed by Buyer as material. WDC shall only cancel a sale and refund monies paid by Buyer in the event it is unable to effectuate a repair or replacement within thirty (30) days of having received written notice of the defect from the Buyer. If the Buyer fails or refuses to allow WDC this period in which to cure the defect and Buyer decides to cancel the transaction, Buyer shall incur the restocking fee referred to above.

7. Buyer's sole remedy for any claim arising out of any sale, order, or installation hereunder, shall be a refund of monies paid by Buyer to WDC for said materials and/or installation. Buyer expressly waives its right to claim consequential or incidental damages against WDC for claims arising out of or relating to any transaction hereunder.

8. With the exception of any manufacturer's warranties passed through by WDC to Buyer and any warranties expressly granted herein, WDC expressly disclaims all warranties, expressed and/or implied, including the implied warranties of merchantability and fitness for a particular purpose.

9. Buyer indemnifies and holds WDC, its officers, directors, and stockholders harmless from any and all actions, civil or criminal, claims, liabilities, and losses including WDC's attorneys' fees, arising out of the sale and/or use of materials and equipment purchased hereunder, unless said damages arise solely from WDC's negligence. Buyer assumes all responsibility and shall remit payment for any state or local sales taxes and or duties/brokerage fees found to be due on any transaction between WDC and Buyer for which WDC does not charge Buyer pursuant to Buyer's representation.

10. If Buyer is a corporation or other legal entity, the individual(s) whose signature appears or the reverse hereof, hereby personally guarantees Buyer's compliance with this Agreement, including payment of all charges and costs.

11. This Agreement shall be binding upon and inure to the benefit of WDC and Buyer and their respective successors and assigns. This Agreement shall be governed by the laws of the State of Maryland. Jurisdiction and venue for any legal action arising out of or relating to this Agreement shall reside exclusively in a Court of competent jurisdiction in Baltimore City.

12. The waiver or acquiescence by WDC of strict compliance with any term shall not constitute a waiver of any subsequent default or failure.

A printable version of the above information, including a credit application, is available by clicking here.