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Terms & Non-Potable Affidavit

Non-Potable Affidavit

I hereby acknowledge and certify that these non-potable products are being purchased for use in a non-potable system, such as irrigation, geothermal, maple syruping, etc. application. By agreeing to this document Merrill Manufacturing is held harmless for the use of these items.

California Residents:  Merrill/WellPro Hydrants have not been tested for the standards of California AB1953 Lead Law.  Therefore this product cannot be used in potable water systems(drinking water) in the state of California.

When Ordering Material: Please use Well Pro® (herein after called "Well Pro®") order numbers, size and any other definite information necessary.  Well Pro® reserves the right to correct clerical errors or omissions in quotations or other documents.

Acceptance of Orders: All orders are subject to acceptance by Well Pro®'s home office in Storm Lake, Iowa and to conditions stated herein.  Well Pro® will not be bound by any terms or conditions on buyer's order which is different from or in addition to the terms and conditions of Well Pro® unless specifically accepted in writing by Well Pro®'s home office.  No changes or additions to current orders will be accepted if placed less than 48 hours prior to shipment.  No additional items can be added to freight prepaid back orders.

Prices and Quotations: Orders will be invoiced at the price in effect at the time of shipment.  Unless otherwise specified, prices are F.O.B. point of shipment.  All prices and quotations are subject to change without notice.  Items not listed in this catalog will be quoted on application.

Cancellation: Orders accepted by Well Pro®'s home office in Storm Lake, Iowa are not subject to cancellation.  But where cancellation is mutually agreed to, the purchaser will be billed for reasonable charges based on expenses incurred or will occur due to commitments made by Well Pro for the cancelled order.

Special Products: Products made or ordered to customer's specifications are not returnable or refundable.  Requests for cancellation of such orders will not be granted if the manufacturer of the product is in process, or if the material necessary to manufacture the product has been purchased when the request reaches Well Pro®'s home office.

Product Changes: The right is reserved to make changes in pattern, design or materials when deemed necessary without prior notice.  Products which have become obsolete by reason of design change or discontinued item for any reason, may not be returned for credit.

Shipping Policy: Well Pro® may prepay and allow transportation charges to common carrier destinations within the continental United States or Canada, excluding Alaska and Hawaii, and pricing will be in accordance with the corresponding freight policy outlined in the Well Pro® discount schedule.  We reserve the right to ship VIA most economical transportation means, routing of the shipment, and to select point of origin for the shipment.  Additional Freight Charges: Additional fees for residential, remote areas or any special circumstance deliveries from the freight company will be the responsibility of the receiver of the shipment and a separate invoice will be issued upon receipt of notification of such charges.  This applies to freight prepaid and allowed, and FOB pricing.  The receiver of the shipment is to pay all additional fees.  If special routing or method is requested, resulting in a higher rate, the additional amount will be charged to the customer.  Well Pro® will not be responsible for any extra charges, handling or otherwise, arising out of possible misdirected shipments to any location.  If the specific error was Well Pro®'s, only the additional freight charges involved in returning the shipment to Well Pro®, or the freight costs involved in forwarding the shipment to another location or company will be paid by Well Pro®.  If the error in shipment was not specifically an error by Well Pro®, then no additional charges will be paid by Well Pro®.

A. Well Pro® shall not be responsible for delays resulting from strikes, accidents, negligence of carriers, or any other causes beyond our control.  Well Pro® may, during a period of shortage due to causes beyond its control, prorate the supply of its products among all of its customers in such a manner as may be deemed equitable at the sole discretion of Well Pro®.

Same Day Shipment Policy: Any orders placed after 12:00 p.m. Central Time that must be shipped out the same day will incur an additional $25.00 service charge and it must be shipped by next day air service (UPS, FedEx, etc.).

Minimum Invoice: Well Pro® has no minimum invoice order amount.  All accounts with restricted credit that order $75.00 net or under must be shipped with credit card payment or C.O.D. unless otherwise approved by Well Pro®'s credit department.  Prompt paying accounts with open credit will have no minimum order or payment restrictions.

Taxes: Any taxes that may be imposed by law on the sale of articles made or sold by Well Pro® shall be added to the sale price of such articles.

Terms of Payment: 2% 15 Days, Net 30 Days from date of invoice, and subject to approval of the Well Pro® credit department.

Interest Charges: Well Pro® will add an 18% per annum handling charge, with a $2.00 per month minimum, added to all invoices that are 15 days past due.  All orders are held from shipment when any invoice on an account becomes 15 days past due.

At 60 days from the invoice date, or 30 days past due, an account is considered severely past due and in jeopardy of being placed for collection.  If an account is placed for collection:

  1. All future orders will be shipped on terms of prepay cash only. (CIA)
  2. The dollar amount placed will include all collection agency fees and late charges.
  3. An account will not be considered for open account status until the account is current and the account has submitted an audited current financial statement and credit application.

THE BUYER AGREES THAT PAYMENT OF COLLECTION AND LEGAL FEES IN ADDITION TO ANY UNPAID INVOICE AMOUNT IS REASONABLE IN LIGHT OF THE ANTICIPATED HARM THAT WOULD BE CAUSED BY THE BUYER'S BREACH.

Returned Goods: All following policies must be met --

  1. A detailed list of the material to be returned must be submitted, as well as supporting data as to when purchased, dates, and invoice numbers if available.  Prior approval must be received in writing from Well Pro®'s home office in Storm Lake, Iowa before any material is to be returned.
  2. Credit will be allowed only on material of our manufacture or sold by us, and must be resalable, otherwise only scrap value will be issued.
  3. Authorization and shipping instructions must be obtained from Well Pro® before returning any product.  All product being returned must be shipped with transportation charges prepaid.
  4. Any material returned to our company and not proven to be a manufacturing defect or not meeting all terms or policies for returned goods will carry a 25% restocking charge.
  5. All returned material is subject to our plant count and inspection, and our inspection departments determination will be final.
  6. ONLY OUR ISSUED CREDIT MEMOS WILL BE HONORED.  THERE SHOULD NOT BE ANY DEDUCTION MADE BY ANYONE ON THEIR PAYMENTS AGAINST THEIR ACCOUNT WITHOUT OUR CREDIT MEMO NUMBER.  ANY SUCH DEDUCTION BEING MADE WILL BE DISREGARDED AND WILL REMAIN OPEN ON THE ACCOUNT.
  7. Well Pro® will not be responsible for any material returned without written authorization or total compliance with the above terms or policies.
  8. All claims must be made within 30 days from the invoice date of the product.
  9. Credit for product warranty on items sold by Well Pro®, but not manufactured by Well Pro®, will be issued ONLY after Well Pro® has been allowed credit by the manufacturer of the product in question.  In most cases this may cause some delay in credit being issued.  Warranty determination is at the discretion of the original manufacturer and not Well Pro®.  Well Pro® can not issue credit on products that are old, abused, or where credit is otherwise not allowed by the original manufacturer.

Complaints: Complaints, controversy, or claims arising out of or related to Well Pro® products should be made at once to the Well Pro®'s home office in Storm Lake, Iowa.  All reasonable efforts (as determined by Well Pro®) will be made by Well Pro® management to correct or settle the complaints, controversy, or claims between directly involved parties without third party, or legal involvement.  Any complaint, controversy, or claim arising out of or related to Well Pro® product, this contract, or the breach thereof, not settled between Well Pro® and claimant, shall be settled by arbitration, administered by the American Arbitration Association in accordance with its credit account arbitration rules.  The judgement on the award rendered by the arbitrator may be entered in the Iowa court having jurisdiction in the Well Pro® home office area thereof.

Errors, Shortages and Claims for Damaged or Lost Goods: All claims for shortages or errors must be made within 30 days from the date of invoice and claims must be placed with the carrier or transportation company within 15 days for damaged or lost goods.  Well Pro® is not responsible for goods after they have been delivered in good condition to the carrier or transportation company.  Well Pro® does not, unless under previous written agreement, insure shipments beyond the point of delivery to such carrier.

IT IS THE CUSTOMER'S RESPONSIBILITY FOR ORDERING PROPER PRODUCT TO MEET LOCAL, STATE AND FEDERAL CODE REGULATIONS.

Well Water Water Well Trust National Ground Water Association Water Systems Council