1. Acceptance and Scope
These Terms and Conditions ("Terms") govern the sale of products by Woodland Power Products, Inc. ("Woodland Power Products," "Wholesale Hoses," "we," "us"), which operates the Wholesale Hoses online store at wholesalehoses.com, with offices at 72 Acton Street, West Haven, CT 06516, to the purchaser ("Customer," "you"). By placing an order, submitting a purchase order, accepting delivery of products, or affirmatively accepting these Terms at checkout, Customer agrees to these Terms. These Terms apply to all orders unless expressly modified in a written agreement signed by an authorized officer of Woodland Power Products, Inc. Any additional or different terms proposed by Customer (including in a purchase order or acknowledgment) are expressly rejected unless accepted in writing by Woodland Power Products, Inc.
2. Pricing, Orders, Payment, and Taxes
Prices are those in effect at the time of order acceptance and are subject to change without notice. All orders are subject to acceptance by Woodland Power Products, Inc., and we reserve the right to refuse or cancel any order, including for product unavailability, pricing or description errors, suspected fraud, or any unauthorized transaction. Payment terms are stated on the applicable invoice. Net-30 terms are available only to approved business accounts with a valid purchase order on file; all other orders require payment in advance by credit card or other approved method. Past-due invoices accrue interest at the lesser of 1% per month or the maximum rate permitted by Connecticut law, and Customer is responsible for reasonable collection costs, including attorneys' fees.
Prices exclude all federal, state, and local taxes (including sales, use, and excise taxes). Customer is responsible for all such taxes unless a valid tax-exemption certificate is on file. Tax-exempt status is processed through Avalara CertExpress; customers must submit documentation prior to placing an order to avoid sales tax charges on that order.
3. Shipping, Delivery, Risk of Loss, and Returns
Unless otherwise agreed in writing, all shipments are F.O.B. our Connecticut facility (or our supplier's facility for drop-shipped items), and title and risk of loss pass to Customer upon delivery to the carrier. Shipping rates, methods, and lead times are as posted on our Shipping & Returns page or as quoted at the time of order. Delivery dates are estimates only; Woodland Power Products, Inc. is not liable for delays caused by carriers or other third parties.
Returns are accepted within 30 days of delivery, provided products are unused and in original packaging. A restocking fee may apply based on product type and condition; Customer is responsible for return shipping unless otherwise agreed. Custom or made-to-order products are non-returnable. To initiate a return, Customer must contact support@wholesalehoses.com or 844-217-8302 to obtain return authorization.
4. Product Warranty and Disclaimer
Woodland Power Products, Inc. warrants that products will conform to the manufacturer's published specifications at the time of shipment and will be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the date of shipment, unless a longer period is stated on the applicable product page or in the manufacturer's documentation, in which case the longer period applies. This warranty is the sole warranty extended by Woodland Power Products, Inc. and is in lieu of all other warranties. Customer's exclusive remedy under this warranty is, at our option, repair, replacement, or refund of the purchase price of the non-conforming product.
Except for the limited warranty stated above, Woodland Power Products, Inc. makes no warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Customer is solely responsible for determining the suitability of any product for its intended application, including compatibility with media (chemicals, food, pharmaceutical, abrasives, etc.), temperature, pressure, and regulatory requirements (FDA, USDA, USP, etc.).
Products described as food-grade, FDA-compliant, or suitable for pharmaceutical, potable-water, or similar applications are warranted only to meet the specific manufacturer certifications stated on the applicable product page (e.g., FDA 21 CFR 177, USP Class VI, NSF). Woodland Power Products, Inc. does not warrant fitness for any particular regulated process, and Customer remains solely responsible for validating each product against its own regulatory and process requirements before use.
5. Limitation of Liability
To the maximum extent permitted by law, in no event shall Woodland Power Products, Inc. (including its parent, affiliates, officers, employees, and suppliers) be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation lost profits, lost revenue, lost data, business interruption, cost of substitute products, or damage to property or equipment, arising out of or relating to the products or these Terms, even if Woodland Power Products, Inc. has been advised of the possibility of such damages.
Woodland Power Products, Inc.'s aggregate liability arising out of or relating to any product or order shall not exceed the amount paid by Customer for that product or order. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. If any limitation in this Section is held unenforceable as to a particular claim, the limitation applies to the maximum extent permitted by law.
6. Indemnification
Customer agrees to indemnify, defend, and hold harmless Woodland Power Products, Inc., its parent, affiliates, officers, directors, employees, and agents from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's use, installation, modification, or resale of the products; (b) Customer's failure to use products in accordance with manufacturer specifications, applicable instructions, or applicable law (including FDA, USDA, OSHA, and similar regulations); (c) Customer's combination of products with other goods or systems; or (d) Customer's breach of these Terms.
Woodland Power Products, Inc. will indemnify Customer against direct third-party claims alleging that a product, as supplied and used in accordance with manufacturer specifications, infringes a U.S. patent, copyright, or trademark, subject to the Limitation of Liability above. This is Customer's sole remedy for any intellectual property claims relating to the products.
7. Force Majeure
Woodland Power Products, Inc. shall not be liable for any failure or delay in performance (other than payment obligations of Customer) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, severe weather, pandemic or public health emergency, war, terrorism, civil unrest, labor disputes, supplier or carrier failures, raw material shortages, transportation disruptions, government actions, embargoes, or changes in law. If a force majeure event continues for more than 60 days, either party may terminate the affected order without further liability, except for amounts due for products already delivered.
8. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms or the products shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or relating to these Terms or the products that is not resolved through good-faith negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, by a single arbitrator, seated in New Haven County, Connecticut. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The parties waive any right to litigate such disputes in court and waive any right to a jury trial. To the fullest extent permitted by law, the parties waive any right to participate in a class, collective, consolidated, or representative action. Notwithstanding the foregoing, either party may bring an action in the state or federal courts located in New Haven County, Connecticut, solely to seek injunctive or equitable relief to protect its intellectual property or confidential information, and the parties consent to the exclusive jurisdiction and venue of those courts for that limited purpose.
9. Miscellaneous
These Terms, together with the applicable invoice or order acknowledgment, constitute the entire agreement between the parties with respect to the products and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. No waiver of any provision is effective unless in writing. Customer may not assign these Terms without our prior written consent. Woodland Power Products, Inc. may update these Terms from time to time by posting the updated version at wholesalehoses.com; the version in effect at the time of order acceptance governs that order. For active Net-30 business accounts, Woodland Power Products, Inc. will provide at least 30 days' advance notice of any material change to these Terms by email to the account contact on file.
10. Contact
Woodland Power Products, Inc.
72 Acton Street, West Haven, CT 06516
support@wholesalehoses.com ·
844-217-8302