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Terms & Conditions of Sale

Ordering

To insure prompt and proper shipment, please order by catalog number and description. Hayward reserves the right to consider each order, or addition, as separate and subject separately to the terms and conditions as herein outlined.

Shipments

All shipments are F.O.B., Clemmons, NC or Pomona, CA. Freight allowed on shipments with a net value of $20,000 or more for finished goods and/or $1,500 or more for parts to one destination, within Continental limits of United States and Canada excluding consolidated shipments for export. Prices include standard domestic packing only. Crating and export packing extra.

Shipping weights are approximate and are for use as a guide only. Carton weight is weight of Carton Quantity indicated.

Carton Quantity

Most products are individually boxed or bagged. Smaller products are normally individually boxed or bagged and packaged in a master carton (Ctn. Qty.).

Broken Master Carton Upcharge–Whole Goods

A charge of 25% of the net price of the individual item will be applied for broken master cartons of whole goods only.

Claims

All Claims must be made within ten days after receipt of merchandise. If any shipment is received in a damaged condition your claim must be filed with the delivering carrier and noted on the freight bill before you accept the merchandise.

Returns

All returns are subject to our written approval, and must be accompanied by a “RETURN GOODS AUTHORIZATION” form obtained from Hayward Pool Products, Inc., prior to shipment. Unauthorized returns will NOT be accepted. Freight must be prepaid. Material returned for credit, if in original condition and resaleable, is subject to a 20% handling charge and adjustment of prorated original outbound freight.

Taxes

Any Federal or State Excise or Sales Tax for which we may be liable on any sale will be charged to and paid by the buyer. Buyer is responsible for furnishing resale certificate.

Minimum Billing Charges

Finished Goods $200. Parts $100. Finished goods and parts must be on separate orders and may not be combined. Parts are all items with an “X” in the prefix number. Prices and products are subject to change without notice.

Contract

This Invoice is the entire contract between Hayward Pool Products, Inc., 620 Division Street, Elizabeth, New Jersey ("Hayward") and the Buyer named on the face of the Invoice with respect to the good or materials purchased and any related services (collectively, "Goods") and it supersedes any prior communications or agreements between the parties about the Goods. Any documents incorporated or referred to in this Invoice or in any releases or orders issued to Buyer hereunder are a part of this Invoice, except that any references to Buyer's order or other form is for information only and Hayward rejects all terms and conditions proposed by Buyer therein. These Terms and Conditions ("Terms") will apply to all sales by Hayward under this Invoice and any related releases unless modified or waived by any specific different terms stated on the face of the Invoice or release, regardless of any course of dealing or industry practice to the contrary.

Acceptance

Buyer's written acknowledgement of this Invoice, acceptance of any Goods hereunder, or payment of the amount due by Buyer as indicated on the Invoice will constitute its acceptance of these Terms. Without Hayward's written consent, no additional or different terms proposed by Buyer in its acknowledgement or otherwise will be effective to modify this Invoice and Buyer will be deemed to have accepted the Invoice without such modifications.

Delivery Of Goods

Delivery by Hayward to a carrier shall constitute delivery to Buyer. Even though Goods are shipped to the order of Hayward, Buyer assumes all responsibility for shortage, loss, delay, or damage in transit on issuance to Hayward by carrier of a bill of lading.

Limited Warranty

To Buyer, as original purchaser of the Goods, Hayward warrants its products free from defects in materials and workmanship for a period of one year from the date of purchase. Parts which fail or become defective during the warranty period, except as a result of freezing, negligence, improper installation, use or care, shall be repaired or replaced, at our option, within 90 days of the receipt of the defective product, barring unforeseen delays.

To obtain warranty, replacements or repair, defective components or parts should be returned, transportation paid, to the place of purchase, or the nearest authorized Hayward service center. No returns may be made directly to the factory without the express written authorization of Hayward Pool Products, Inc.

Pump housing/strainers which become defective during the warranty period, except as a result of freezing, negligence, improper installation, use or care, or as the result of a use in association with an automatic valving system, shall be repaired or replaced, at Hayward's option, without charge.

All other conditions and terms of the standard warranty apply.

Hayward shall not be responsible for cartage, removal and/or reinstallation labor or any other such costs incurred in obtaining warranty replacements.

The foregoing warranty does not apply to components manufactured by others. For such products, the warranty established by the respective manufacturer will apply.

Disclaimer

NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF HAYWARD WITH RESPECT TO THE GOODS OR THE INSTALLATION, OPERATION, REPAIR OR REPLACEMENT OF THE GOODS.
HAYWARD SHALL NOT BE RESPONSIBLE FOR DAMAGE, LOSS OF USE OF THE UNIT, INCONVENIENCE, LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER DIRECT OR INDIRECT, AND WHETHER ARISING IN CONTRACT OR TORT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer. This warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.

LIMITATION ON IMPLIED WARRANTIES. IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF ME RCHANTABILITY IMPOSED ON THE SALE OF THE GOODS UNDER STATE LAW, ARE LIMITED TO ONE YEAR
DURATION FOR THE GOODS OR ANY PARTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO BUYER.

Limitations Of Liability

Hayward's liability and Buyer's sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise, shall not exceed the return of the amount of the purchase price paid by Buyer, and under no circumstances shall Hayward be liable for any special or consequential damages, including, but not limited to, personal injury, property damage, damage to or loss of equipment, lost profits or revenue, costs of renting replacements, and other additional expenses, even
if the seller has been advised of the possibility of such damages. The price stated for the equipment is a consideration in limiting Hayward's liability and Buyer's remedy. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer. Hayward will not be liable for any damages, losses, or expenses as a result of Buyer's negligence, whether deemed active or passive and whether or not any such negligence is the sole cause of any such damage, loss, or expense.

This warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.

Sale On Credit

The goods shall be shipped by Hayward to Buyer on 30 days credit. The credit period shall commence to run from the date of shipment.

Delay in the transmission of this invoice from Hayward to Buyer, resulting from any cause arising after the dispatch of this invoice by Hayward to Buyer and over which Hayward has no control, shall not extend the period for payment.

Buyer will furnish to seller any requested financial and credit information pertaining to the Buyer's business enterprise for the establishment and/or continuation of a credit line.

Failure To Pay Within 30 Days

If Buyer fails to pay the invoice amount within 30 days of the date of shipment, Hayward may recover from Buyer: (i) interest at the rate of 11⁄2 % per month (18% annual percentage rate) of the total amount outstanding, and (ii) any expenses and/or attorney's fees incurred in connection with attempts to collect the outstanding balance.

Fair Labor Standards Act

This is to certify that the merchandise listed in this invoice has been produced in accordance with the Fair Labor Standards Act of 1938, as amended.

Indemnification

Buyer will defend and indemnify Hayward and its directors, employees, agents, customers, end users, successors and assigns from and against all actual and alleged claims, liabilities, suits, damages, losses and expenses (including attorney's fees and legal costs) arising from or caused, in whole or in part, by Buyer's breach of any provision, term or condition of this Invoice.

Binding Effect

This Invoice is binding on the parties and their respective directors, officers, employees, agents, subcontractors, successors and permitted assigns.

Cumulative Remedies

Hayward's remedies herein are cumulative and in addition to any other further remedies available to it at law or equity.

No Waiver

Hayward's failure to enforce any right provided herein or to which it is entitled at law or equity will not constitute a waiver of that right or of any other rights to which it is entitled.

Governing Law

This Invoice will be interpreted and enforced under the laws of the State of New Jersey, USA (including, without limitation, the provisions of the Uniform Commercial Code as adopted by New Jersey), without recourse to the conflict of laws provision thereof. In no event will the provisions of the U.N. Convention on the International Sale of Goods apply to this Invoice. The parties agree that any action or proceeding arising out of or in connection with this Invoice will be brought exclusively.