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W.D. Matthews Machinery Co. Standard Terms and Conditions

These are the standard terms and conditions that apply to all W.D. Matthews Machinery Co. (WDM) quotes and estimates.

Estimate Only

This estimate is based on the best information available to W.D. Matthews Machinery Co. Service Department.  In many cases, estimates may only include service items that can be found without further evaluation, diagnostics, and disassembly.  The estimate does not cover any additional parts and labor which may be required after the work has been started.  Occasionally, service work or damaged parts are discovered which may not be evident on the first inspection.  Estimates on parts and labor are current and subject to change.  We will always notify the customer when conditions will not permit the Service Department to stay within authorized quotes.  This estimate subject to tax and freight.  All Core Charge credits will be processed after the supplying vendor determines whether a full value credit is permitted.   

Acceptance of Purchase Orders

Sales of any goods or any related services referenced in Customer’s written Purchase Order to WDM (“Purchase Order”) is expressly conditioned upon the terms and conditions set forth within. Other than as specifically provided in a separate written agreement between WDM and Customer, any additional or different terms specified or referenced in Customer’s Purchase Order are hereby excluded and shall not be deemed effective or binding unless expressly agreed to in writing by an authorized representative of WDM. These terms and conditions represent the entire agreement between the Customer and Supplier pertaining to the subject matter of this Purchase Order and shall supersede all prior oral and written agreements, proposals, communications, and documents. No Purchase Order placed by Customer shall be deemed accepted unless or until WDM issues a written acknowledgement. Any amendment, change order, revision, or termination to an already-accepted Purchase Order shall be subject to acceptance by an authorized representative of WDM.

Safety Items Mandatory

Some quoted issues are related to federal, state, local regulations and specifically American National Standards Institute (ANSI) regulations.  W.D. Matthews Machinery Co. will not allow service items identified according to these regulations to be removed from estimates.

Tire Hardware

This quote assumes that the lugs, nuts, bolts, and associated tire mounting hardware, as well as the wheel conditions, are adequate for removal and installation.  It is common for deficient tire mounting hardware to break during removal or installation.  Mounting hardware damaged when removed and installed according to industry practices will be assumed to be deficient and could add additional costs to this service quote. 

Shop Storage Space

Equipment on active jobs enjoy free shop storage space.  That free storage space is continued for 10 business days after the delivery of a quote.  After 10 business days, customers will be charged shop storage space fee per day until the job resumes.  This shop storage space fee can range from $10 to $50 depending on indoor, outdoor, and heated conditions of the space being used.

30 Day Service Warranty

Service jobs performed by W.D. Matthews Machinery Co. enjoy the 30 day Service Warranty.  The warranty is voided when the customer supplies parts sourced elsewhere.

Delivery

WDM’s quoted delivery schedule represents its best estimate and is based on current schedules and workload. WDM shall have no liability for delay, or any damages or losses sustained by Customer because of such estimate not being met.

Payment

Customer shall pay for all Products delivered or date services performed within 30 days from the date of WDM’s invoice. Payment shall be deemed to have been made when a check is received by WDM or payment is received by an electronic transfer in WDM’s bank account.

Force Majeure and Excusable Delay

WDM shall not be liable for any damages of any kind for delayed or non-performance if such delayed or non-performance is due directly or indirectly to:

  • Customer, including omissions or failure to act on the part of Customer or its agents or employees.
  • An Event of Force Majeure, defined herein as including acts of God, acts of public enemies, fires, floods or unusually severe weather conditions, strikes, lockouts, disputes with workmen or other hostilities, embargoes, wars, riots or civil disturbances, epidemics or quarantine restrictions, delays or shortages of transportation, governmental action including the government’s denial or failure to grant an export license or other needed government authorization.
  • Causes beyond Supplier’s reasonable control, including severe accidents at WDM locations, inability of WDM or its vendors to secure adequate materials, manufacturing facilities or labor, or any other acts and causes not within the control of WDM, which by the exercise of due diligence and reasonable effort, WDM would not have been able to foresee, avoid or overcome.

WDM shall notify Customer of any delayed or non-performance due to an excusable delay or Event of Force Majeure as soon as practicable. If such event should occur, WDM’s period of performance shall be extended for a period equal to the duration of such event. If the excusable delay or Event of Force Majeure extends more than six months, WDM and Customer may mutually agree to terminate the Purchase Order or any portion thereof impacted by the excusable delay or Event of Force Majeure, and Customer shall promptly pay WDM for any delivered Products or services performed, any works in process, any termination costs, including vendor settlement expenses, and a reasonable profit on the terminated Purchase Order or portion thereof that WDM and Customer agreed to terminate.

Waiver

If either party, at its option, agrees to waive any of these Terms and Conditions, then such waiver shall not for any purpose be construed as a waiver of any succeeding breach of the same or of any other of these Terms and Conditions; nor shall such a waiver be deemed as a course of conduct.

Severability

If any of these Terms and Conditions are at any time held to be invalid or unenforceable, then such term or condition shall be construed as severable and shall not in any way render invalid or unenforceable the remainder of these Terms and Conditions, which shall remain in full force and effect.