BRADFORD WHITE WATER HEATERS POLICIES, DISCLAIMERS & DISCLOSURES
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General Policies, Disclaimers & Disclosures
- Our purchase order number and part number must be on all containers and receiving papers.
- This order is subject to the uniform commercial code recognized by the State of Michigan.
- Michigan sales tax license and federal I.D. number 23-2384646.
- Render invoice in duplicate on date of shipment with reference to Bradford White Corporation order number and transportation receipt.
- Packing slip with reference to our purchase order number, part number and material description must accompany all shipments.
- This purchase order is subject to the following terms & conditions:
Terms & Conditions
- Contract Bradford. White Corporation’s purchase order shall be considered an offer. Any proceeding quotation, bid, or other communication from Seller which could be considered an offer is expressly rejected and this Purchase Order shall be the offer. This offer can be accepted by (1) a written or electronic response indicating acceptance of the Purchase Order, (2) commencing work to produce or ship the ordered goods, (3) identifying the specific goods to be shipped in fulfillment of this order. Bradford White hereby objects to any terms in an expression of acceptance other than those stated in the Purchase Order and herein and any acceptance with different or other terms is rejected.
- Quantity. The quantity of goods shall be set forth in the Purchase Order. If the Purchase Order states zero (0) or blanket, then this purchase order shall be for the quantity of goods that are the subject of releases delivered to Seller by Bradford White Corporation from time to time as needed. Other than as set forth in the Purchase Order or written (or electronic) releases, Bradford White Corporation will not be liable for any particular quantity of goods regardless of forecasts or other estimates of quantity needs. Any quantity shipped to Bradford White Corporation in excess of that ordered in this Purchase Order or in written (or electronic) releases will be returned at Seller’s expense.
- Indemnification. Seller agrees to deliver the merchandise ordered by Bradford White Corporation conforming to all drawings, specifications, and standards and free and clear of all defects in material and workmanship. By accepting this Purchase Order, Seller agrees to indemnify Bradford White Corporation, its agents, representatives, customers, employees, successors and assigns (the “Indemnitees”) and save it and them harmless from, and assume legal liability for and defend it and them from and against, any and all causes of action, claims, charges, losses, damages, costs or expenses which Bradford White Corporation or any of them, may incur, or become obligated to pay, on account of injury (including death) to any person or persons, including, but not limited to, agents, representatives, and employees of Seller and of Bradford White Corporation, or damage to any property, no matter to whom belonging, based upon, or arising in whole or in part or in any way, either directly or indirectly, from Seller’s performance or non-performance of this Purchase Order, or from any breach of warranty, either express or implied, or from defects in material, workmanship or standards in any and/or all merchandise shipped, or delivered, by Seller to Bradford White Corporation pursuant to this Purchase Order (or any modification hereof) whether or not the same shall have been contributed to by negligence (including, but not limited to, any negligence in testing or inspecting, or in failing to test or inspect, such merchandise, either before, during, or after its inclusion or incorporation in any product) of Bradford White Corporation or any indemnitee and whether or not privity shall exist between Seller and the claimant; it being the intent of this provision to absolve and protect Bradford White Corporation and all such indemnitees from any and all loss by reason of the goods herein ordered. In furtherance of the foregoing, in the event that a claim is filed against Bradford White Corporation or any other indemnitee for which the Seller is to be held liable under the terms of this Paragraph, Bradford White Corporation will notify the Seller of such claim and Seller shall undertake, at Seller’s sole expense, the defense thereof on behalf of Bradford White Corporation, and/or such indemnitee and, in the event that Bradford White Corporation or such indemnitee incurs expenses or is found to be liable in any way or capacity, whether solely or jointly with Seller or with any other party or parties, and whether or not Seller has undertaken such defense, Seller shall promptly reimburse Bradford White Corporation and such indemnitee for all amounts, including attorney’s fees, court costs and expert evidence, expended by Bradford White Corporation or such indemnitee in payment of, defense of or as a result of such claim.
- Shipping. Goods ordered herein must be delivered at the time specified on the face of this purchase order or in written releases issued by Buyer. Except as otherwise stated on the face of this purchase order, all materials or goods shall be shipped F.O.B. the Buyer’s location or as otherwise specified in writing by Buyer, and the risk of loss or damage in transit shall be upon Seller. Bradford White Corporation will not pay any charges allowed for draying, boxing, or crating, unless identified in the Purchase Order. Unless stated otherwise, all shipments shall be made by rail or truck freight. The Seller shall be responsible for the excess cost of express shipments if needed due to Seller’s inability to meet specified schedules. Promptness of deliveries of materials specified herein is of the essence of this order.
- Changes due to conditions out of Buyer’s control. Bradford White Corporation reserves the right to change specifications and delivery dates; this order is also subject to modification by us in the event of fire, accidents, strikes, Government Acts, Acts of God, or other conditions beyond our control.
- Termination by Buyer. Upon the happening of any one or more of the following events Purchaser shall forth with have the unrestricted right to cancel and terminate the within contract: (1) Seller’s insolvency or commission of an act of bankruptcy; (2) filing of voluntary or involuntary petition of bankruptcy by or against Seller; (3) institution of legal proceedings against Seller by creditors or stockholders; (4) appointment of a receiver for Seller by any court of competent jurisdiction. The acceptance of goods or performance after the occurrence of any of the events above enumerated shall not abrogate the right of the Purchaser to cancel its
- Assignment. Seller agrees not to assign this order or delegate the performance of its duties without the consent in writing of the Purchaser.
- Compliance with Laws. (1) If subject to the provisions of the United States Government Wage and Hour Law (Fair Labor Standards Act) the Seller warrants that it has complied, and will continue to comply, with all provisions of the said Law, and that upon failure by the Seller to so comply, Bradford White Corporation may cancel this agreement forth with unless the Seller shall promptly make proper restitution in wages to all employees affected, and/or otherwise satisfy all requirements of said law. (2) Seller agrees that it will comply with all applicable laws, including anti-money laundering, anti-corruption, and anti-bribery laws. (3) Seller agrees that it complies, now and as long as it supplies goods to Bradford White Corporation, with all applicable state and federal equal opportunity employment laws.
- Entire Agreement. Bradford White Purchase Orders and these terms and conditions are the entire agreement between the parties. There is no verbal understanding or agreement other than the conditions stated in this Purchase Order and these terms and conditions and any modification of the parties’ obligations must be in writing and signed by each party.
- Payment. Except as otherwise stated on the face of this purchase order, payments shall be made by Buyer on a net 45-day basis after the later to occur of: (i) Buyer’s receipt of Seller’s invoice; or (ii) delivery of the materials or goods in questions, in compliance with the terms of the purchase order.
- Warranties. In addition to Seller’s customary warranties, any express warranties set forth elsewhere in this purchase order, and any statutory warranties or any warranties implied by law, Seller warrants that (i) all material delivered hereunder shall strictly conform to (A) all relevant specifications, including any specifications set forth on the face of this purchase order, and (B) all relevant drawings, designs, descriptions, specifications and samples; (ii) all material delivered hereunder will be new and of the highest quality and free from defects (including, without limitation, defects in materials and workmanship, and design when design is Seller’s responsibility); (iii) sale and use of materials delivered hereunder, either alone or in combination with other materials, will not infringe or contribute to the infringement of any patents, trademarks, copyrights or other intellectual property or proprietary right in the United States or any foreign country, and the sale and use thereof will not constitute unfair competition resulting from similarity of design, trademark or appearance; (iv) all materials delivered hereunder may be properly imported into the United States and any other country; (v) upon delivery, Buyer shall receive good title to all materials delivered hereunder, free and clear of any liens, claims and other encumbrances; (vi) all materials delivered hereunder shall be merchantable, safe and fit for Buyer’s and its customer’s intended purposes, which purposes Seller acknowledges are known to it; (vii) all materials delivered hereunder shall be adequately contained, packaged, marked and labeled; (vii) all services performed by Seller hereunder shall be performed in a competent and workmanlike manner; and (ix) all materials delivered hereunder shall be manufactured in compliance with all applicable federal, state, local and foreign laws, rules, regulations, and all labeling, transporting, licensing, approval and certification requirements in the United States or any other country where the materials will be sold or used. These warranties shall indefinitely survive any inspection, testing, delivery, acceptance, use and payment and shall inure to the benefit of Buyer, its successors, assigns, customers and the users of Buyer’s goods and services. These warranties may not be limited or disclaimed.
- Remedies. If Buyer experiences any breaches of the foregoing warranties, Buyer shall have the right, in addition to exercising all other rights Buyer may have under any applicable law or at equity, and in addition to Buyer’s rights to indemnification as provided elsewhere in this purchase order, to take the following actions, at Buyer’s option: (i) retain the defective materials in whole or in part with an appropriate adjustment in the price for the materials; (ii) require Seller to promptly repair or replace the defective materials in whole or in part at Seller’s sole expense, including all shipping, transportation and installation costs (which if requested by Buyer shall be completed promptly by Seller); (iii) correct, repair or replace the defective materials with similar materials and recover the total cost relating thereto from Seller, including the cost of product recalls; or (iv) reject the defective materials (and store or return the defective materials at Seller’s risk and expense). In the event of a breach of Paragraph 11(iii), the Seller agrees to indemnify and save harmless Bradford White Corporation and each subsequent purchaser of the goods or product covered by this order from and against any and all liability or damage for or by reason of the infringement or alleged infringement of any patent or patents of the United States of America by the use or sale of such goods or product; and further agrees that, upon the institution of any infringement suit or action based thereon, it will assume and conduct the defense thereof at its own cost and expense.
- Force Majeure. Seller shall be excused for any failure to make, or delay in making, delivery as specified herein or in any release hereunder, if such failure or delay is caused by an accident, fire, flood, invasion, civil commotion, act of terrorism, act of God or government regulation or restriction (collectively, “Force Majeure Events”), so long as not caused by Seller’s actions, omissions or negligence and but only if Seller notified Buyer promptly (and in all cases within 48 hours) upon the occurrence of the Force Majeure Event; provided, however, that Seller shall not be excused by a failure or delay that is caused by any labor problems or strikes relating to the workforce of Seller or its suppliers or subcontractors or any commercial circumstances affecting pricing or availability of any goods, raw materials or other items, and the foregoing shall not constitute Force Majeure Events. During the period of any such delay or failure by Seller, Buyer at its option may (a) purchase materials from other sources and reduce its purchases from Seller by such quantities, without liability to Seller, or (b) have Seller provide materials from other sources in quantities and at times requested by Buyer and at the price set forth in this purchase order. Seller shall within 10 days of Buyer’s request for adequate assurances provide Seller with assurances that the delay or failure shall not exceed 30 days. If the delay lasts more than 30 days or Seller does not provide adequate assurance that the delay or failure will cease within 30 days, Buyer may immediately cancel this purchase order without liability. Buyer shall also be excused for any failure or delay in performing under this purchase order or in accepting delivery, if such failure or delay is due to any Force Majeure Event.
- Applicable Law. Any dispute arising out of or relating to this Purchase Order and terms and conditions, or the goods purchased by Buyer from Seller shall be governed by the laws of the State of Michigan without regard to applicable choice of law rules. In the event of any such dispute, Seller submits to jurisdiction in the state and federal courts in the State of Michigan.
The Bradford White Water Heaters Contractor Directory provides help for you to locate and potentially purchase products/services from companies in your geographic area who chose to respond to an offer from Bradford White to list their business. Their listing is not an endorsement by Bradford White and we advise you to exercise your own judgment and investigate, as you deem necessary, before proceeding with any online or offline transaction with any contractor.
To ensure the safety of its customers and the quality and performance of its products, Bradford White Water Heater products should only be purchased through and installed by qualified plumbing and heating professionals. The contractor or specifying engineer is responsible for ensuring the product meets local and state codes, standards, and regulations.
Bradford White Canada offers its residential and commercial products exclusively through authorized representatives and wholesale distributors, solely for sale to qualified installers. Bradford White Canada does not authorize the customer-direct or retail sale of its products (residential or commercial) by any retail business or website. Additionally, Bradford White Canada does not endorse, recommend or make any representations or warranties regarding any of its products sold by unauthorized parties or websites, or any content, materials or other information located or accessible from any unauthorized representative, wholesale distributor or website.
All information contained in the Bradford White Water Heaters social media pages are intended to be for guidance only. Any action you take on the information is strictly at your own risk. Bradford White Water Heaters products are built for professional specification and installation and we recommend you always seek professional assistance for installation or repair. Bradford White Water Heaters may at any time and at its sole discretion change or replace the information available on the Bradford White Water Heaters social pages. All content on the Bradford White Water Heaters social pages belongs to Bradford White Water Heaters and is the intellectual property of Bradford White Corporation. The downloading or sharing of any Bradford White Water Heaters content is strictly prohibited without the permission of Bradford White Corporation. A copy of the full policy is available here. Questions regarding this policy may be sent to firstname.lastname@example.org.
Technical videos prepared by Bradford White Water Heaters are for plumbing and heating wholesalers and professional installers. They are not intended for purposes of installing the featured products(s) or diagnosing or repairing any product issues by home or business owners. All Bradford White Corporation residential and commercial water heating, space heating, and storage products are designed for professional installation and service only.
It is the responsibility of the contractor or specifying engineer to properly design the plumbing layout and correctly size all components within. This includes, but is not limited to: water heaters, boilers, volume water heaters, storage tanks, expansion tanks, mixing valves, piping, pumps, etc. In no event does Bradford White make any warranty, expressed or implied, regarding the design and installation of the plumbing system, or its components, beyond the manufacturer’s warranty provided with the water heater(s), boiler(s), and/or storage tank(s).