By accepting delivery of any product delivered from World HDD, LLC. (“World HDD”), you (“The Customer”) agree to be bound by the Terms & Conditions listed below. The Customer and World HDD agree that the following Terms & Conditions are the exclusive terms governing any sales transactions between The Customer and World HDD. Any attempt to alter, supplement, modify or amend these terms and conditions by the The Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these Terms & Conditions are subject to change at any time by World HDD without prior written notice. These Terms & Conditions can change, please check these Terms & Conditions carefully each time you place an order with or accept delivery of any goods from World HDD.
World HDD is a distributor of all products offered for sale. Product warranties differ depending on the product and the manufacturer.
Products are covered by each manufacturer’s warranty, service, and support policies (if any). World HDD assigns and passes through to the Customer any warranty of the manufacturer for any product World HDD sells to The Customer, and The Customer acknowledges that it shall have recourse only under such warranties and only against the manufacturer of the product. While World HDD will pass along warranty information and warranty registration forms to The Customer to the extent the manufacturer supplies them with the product, warranty registration with the product manufacturer when required is The Customer’s responsibility.
Used products, including but not limited to, vehicles, trailers, equipment, parts, electronics, tools, drill rod, and drill pipe are sold with no warranty either expressed or implied beyond that required by the state of Illinois unless specifically otherwise stipulated in writing at the time of sale.
WORLD HDD MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. WORLD HDD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE EXTENT ALLOWED BY LAW.
IN ALL CIRCUMSTANCES WORLD HDD’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. WORLD HDD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. WORLD HDD SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT WORLD HDD IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
Payment Terms: Payment arrangements for products ordered must be made prior to shipment. Payment can be made by Certified Check, Wire Transfer, PayPal or Credit Card(Visa, MasterCard, American Express, Discover). Payments made via credit cards and PayPal will be subject to a 3.5% surcharge. The Customer agrees to pay the amount due as specified on the invoice, and further agrees to pay interest on all past-due sums at a rate of 2% per month, compounded monthly, or the highest rate allowed by law, whichever is greater.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges as shown on the World HDD invoice. There is a minimum $10.00 per order handling charge applied to all shipments.
Title; Risk of Loss: World HDD will arrange for shipment of ordered products to The Customer, Free On Board (FOB) shipping point, meaning title to the products and risk of loss passes to The Customer upon delivery to the freight carrier. World HDD reserves a purchase money security interest in the products until its receipt of the full amount due. The Customer agrees to allow World HDD to sign appropriate documents on The Customer’s behalf to permit World HDD to protect its purchase money security interest. World HDD will advise The Customer of estimated shipping and delivery dates, but World HDD will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
In all cases, risk of loss and damage to goods in transit shall fall upon The Customer. It is The Customer’s responsibility to file any loss or damage claims with the freight carrier. World HDD recommends that The Customer inspect all shipments for damage upon receipt. If any damage is noticed with packaging or carton, The Customer should not sign for or accept it without the driver making a notation on the freight bill or receipt. After receiving the shipment, The Customer should remove the goods and thoroughly inspect immediately and if any concealed damage is discovered, notify the delivering carrier and follow their instructions carefully so as to protect its rights. The Customer should typically not move damaged products or the carton and packing material until inspection by the carrier unless failure to do so would cause a hazard to property or persons.
The Customer will not attempt to return any goods to World HDD without making prior arrangements as detailed in the Product Return Policy.
Claims for shortages or inaccurate filling of orders must be made within 10 days after receipt of goods by The Customer.
Goods damaged in shipment due to poor or improper packaging will not be warranted by World HDD.
Currency: Values quoted or shown on any World HDD-owned web site, World HDD invoice, or other document to which World HDD is a party are in United States Dollars (USD) unless otherwise stated.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms & Conditions or the sales transaction between World HDD and The Customer shall be governed by the laws of the State of Illinois, without regard to its conflicts of law rules. World HDD and The Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Illinois to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, The Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against World HDD that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Illinois law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with World HDD’s invoice respecting the products ordered by The Customer, are the complete and exclusive agreement between World HDD and The Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between World HDD and The Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.