Policies, Disclaimers & Disclosures

These General Terms and Conditions of Sale, together with all schedules, exhibits and addenda attached hereto or referenced herein, including by link or otherwise (collectively, these “Terms”), are by and between Bradford White Corporation and its affiliated companies (“BWC”) (Michigan sales tax license and employer identification no. 23-2384646), and the party (“Supplier”) to which BWC has submitted a valid purchase order (including any schedules, exhibits and addenda thereto, the “Order”). Customer and BWC may be referred to herein individually as a “Party” and collectively as the “Parties” The Order is supplemented by these Terms and, to the extent of any conflict between the terms set forth on the face of the Order and these Terms, these Terms shall prevail.

1. Offer and Acceptance. The Order, as supplemented by these Terms, shall be considered an offer (the “Offer”) by BWC to purchase the goods or services set forth therein (the “Goods”). Any preceding quotation, bid, or other communication from Supplier which could be considered an offer is hereby expressly rejected. The Offer can be accepted by (a) a written or electronic response by Supplier indicating acceptance of the Offer; (b) commencement by Supplier of work to produce or ship the Goods; (c) identifying the specific goods to be shipped in fulfillment of the Order. BWC hereby objects to any terms in an expression of acceptance other than those stated in the Offer and any acceptance with different or other terms is rejected. Any additional or different terms proposed by Supplier, whether in an acknowledgment, invoice, quotation, or other document, are expressly rejected and shall be void and of no effect, regardless of BWC’s failure to object or Supplier’s performance.
2. Quantity. The quantity of the Goods shall be set forth in the Order. If the Order states “zero (0)” or “blanket”, then the Order shall be for the quantity of Goods that are the subject of releases delivered to Supplier by BWC from time to time as needed. Only quantities expressly set forth in the Order or in a written release issued by BWC are firm. BWC may, but shall be under no obligation to, deliver to Supplier from time to time estimates, forecasts, or projections of anticipated product requirements for planning purposes; however, other than as set forth in the Order or written (or electronic) releases, BWC will not be liable for any particular quantity of Goods regardless of any such estimates, forecasts or projections. Any quantity shipped to BWC in excess of that ordered in the Order or in written (or electronic) releases will be returned at Supplier’s expense.
3. Packaging, Shipment and Delivery. All Goods shall be suitably packaged by industry standards and marked and otherwise prepared for shipment by Supplier in accordance with the Order and these Terms. Each shipment must include a packing slip that includes reference to the Order number and an itemized list of part number(s) and material description(s). All containers must include reference to the Order number, part number(s), and all necessary handling, loading and shipping instructions. Supplier shall adhere to all shipping directions specified in the Order. The Goods will be shipped to the location(s) designated in the Order on DDP terms. Time and place of delivery are of the essence in the performance of the Order. Premium shipping expenses or other expenses necessary to meet delivery schedules are Supplier’s responsibility unless the delay or expense results solely from the actions of BWC. If delivery cannot be made at the specified time and place, Supplier shall promptly notify BWC of the earliest possible date for conforming delivery. Notwithstanding such notice, Supplier’s failure to effect timely and conforming delivery shall entitle BWC to revoke any acceptance, to cancel the Order without liability to Supplier, to receive a full refund of any amounts paid, to purchase substitute Goods elsewhere, or to return at Supplier’s risk and expense all or any part of a nonconforming delivery. Such remedies are cumulative and include all rights at law and in equity. BWC’s receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, right or remedy that BWC may have under the Order or under applicable law.
4. Changes. Prior to shipment of Goods or performance of services specified in the Order, BWC may, upon written notice to Supplier, make changes in specifications, designs, method of packing or shipment, quantity ordered, destinations, delivery schedules or service requirements. No change or modification of the Order by Supplier shall be binding unless in writing and signed by BWC’s duly authorized representative. Any material change by Supplier to Goods without BWC’s prior approval or upon BWC’s request is a material breach of the Order and these Terms and Supplier will be responsible to BWC for all damages as a result thereof.
5. Cancellations. BWC may cancel the Order, in whole or in part, without liability, by written notice to Supplier, in the event of Supplier’s bankruptcy, insolvency, appointment of a trustee or receiver, assignment for the benefit of creditors, or breach of the Order. BWC may cancel the Order for convenience at any time prior to shipment of the Goods.
6. Compliance with Laws. Supplier represents and warrants to BWC that it has complied and covenants that it shall comply with all applicable laws, rules and regulations, including laws, rules and regulations that are applicable to the design, manufacturing, sale or use of the Goods, including BWC’s intended use or sale of the Goods. Supplier will cooperate fully with any audit or inspection efforts of BWC intended to verify compliance by Supplier with this Section. To the extent BWC or its affiliates are required to make reports, certifications or information available to state, federal, local, foreign or other similar governmental authorities, Supplier will cooperate with BWC and provide any and all information reasonably requested by BWC to allow BWC to comply with those requirements, reports or certifications. Supplier will provide, at BWC’s request, certificates relating to any applicable legal requirements under any Order in form and substance reasonably satisfactory to BWC.
7. Invoice and Payment. Supplier shall deliver to BWC an invoice in duplicate on the date of the shipment of Goods, which invoice must include reference to BWC order number and a transportation receipt. Except as otherwise stated on the face of the Order, payments shall be made by BWC on a net 45-day basis after the later to occur of: (a) BWC’s receipt of Supplier’s invoice; or (b) delivery of the Goods in compliance with the Order and these Terms.
8. Warranties. In addition to Supplier’s customary warranties, any express warranties set forth in the Order, and any statutory warranties or any warranties implied by applicable law, Supplier warrants that the Goods, at the time of delivery to BWC: (a) be new, of the highest quality, and free from defects in materials, workmanship, and design (when design is Supplier’s responsibility); (b) conform to all relevant specifications set forth in the Order or otherwise delivered by BWC to Supplier, including but not limited to all relevant drawings, designs, descriptions and samples, and the Goods will operate in good working condition in accordance with such specifications; (c) comply with all applicable law concerning the manufacture, packaging, packing, usage, sale and delivery of the Goods anywhere in the world including, but not limited to, all the applicable safety, environmental and export regulations of the United States and all other applicable countries and regions; (d) are conveyed with good title and free of all liens, claims and other encumbrances; (e) merchantable, safe and fit for the intended purposes of BWC and its customers, which purposes are known to Supplier; (f) do not and 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 other jurisdiction, and the sale and use thereof will not constitute unfair competition resulting from similarity of design, trademark or appearance.
9. Confidentiality. Supplier acknowledges that Supplier and its affiliates may be provided with access to Confidential Information (as defined below) in connection with the development, delivery, manufacturing, engineering or sale of Goods to BWC. Supplier shall not, directly or indirectly, (a) use any Confidential Information of BWC or its affiliates other than to satisfy its obligation to provide the Goods or (b) disclose any Confidential Information to any person or entity other than those employees of Supplier that have a need to know such Confidential Information in connection with the satisfaction of Supplier’s obligation to provide the Goods. Supplier will protect Confidential Information from disclosure to others, using the same degree of care used to protect its own confidential information, but in no event less than a reasonable standard of care. “Confidential Information” means any and all non-public, proprietary or confidential information arising out of or relating to the business, products or operations of BWC or its affiliates (in each case, whether in verbal, written, electronic, graphic, or other format, and whether or not subject to patent, copyright, or other legal protection), including, without limitation, data, designs, drawings, specifications, product details or performance characteristics, process information, ideas, strategies, know-how, concepts, inventions, patents, operating principles, customer or vendor relationships (and information related to those customers, vendors or their products or businesses) or any other similar information that Supplier knows (or has reason to know) BWC views as confidential or proprietary. All Confidential Information and derivates thereof shall remain the sole and exclusive property of BWC and in no event shall Supplier obtain any ownership of, or license to use such Confidential Information, other than a revocable, non-transferable or sublicensable license to use such Confidential Information during the term in furtherance of Supplier’s obligations under the Order and these Terms. Supplier will not use BWC’s name, trademarks, service marks, trade names or logos (“BWC’s Marks”) or any word, phrase or symbol that could be considered, in BWC’s sole discretion, confusingly similar to BWC’s Marks in any advertising, promotional material, or other publication, or otherwise publicize or communicate the parties’ business relationship without BWC’s prior written approval, which may be withheld in BWC’s sole discretion.
10. Intellectual Property Rights. All intellectual property rights in and to any designs, drawings, specifications, technical data, inventions, processes, know-how, trade secrets, and other proprietary information furnished by BWC to Supplier in connection with the Order (collectively, “BWC IP”) shall remain the sole and exclusive property of BWC. Supplier acknowledges that no license, right, title, or interest in or to any BWC IP is granted or implied by the disclosure thereof or by the placement of the Order, except the limited right to use such BWC IP solely to the extent necessary to fulfill Supplier’s obligations under the Order and these Terms. Supplier shall not, without the prior written consent of BWC, disclose, reproduce, distribute, or otherwise make available any BWC IP to any third party, nor shall Supplier use any BWC IP for any purpose other than the performance of its obligations under the Order and these Terms. Upon completion, termination, or cancellation of the Order, Supplier shall promptly return or destroy, at BWC’s election, all tangible and electronic copies of BWC IP in Supplier’s possession or control and shall, upon BWC’s request, certify such return or destruction in writing. Any improvements, modifications, or derivative works created by Supplier based upon or incorporating any BWC IP shall be deemed the exclusive property of BWC, and Supplier hereby assigns to BWC all right, title, and interest in and to any such improvements, modifications, or derivative works. Supplier hereby grants to BWC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, modify, distribute, display, and otherwise exploit any and all intellectual property of Supplier that is embodied in, incorporated into, or otherwise set forth in the Goods, including without limitation any patents, copyrights, trade secrets, trademarks, and know-how, for any purpose related to BWC’s use, sale, importation, or other disposition of the Goods.
11. Use of Artificial Intelligence. Supplier shall not, directly or indirectly, input, upload, submit, or otherwise provide any Confidential Information of BWC to any artificial intelligence system, machine learning model, large language model, generative AI tool, or similar technology (collectively, “AI Systems”); in each case, other than an Approved AI System (as defined below). Without limiting the foregoing, Supplier shall not use any Confidential Information to train, fine-tune, improve, or otherwise develop any AI System, nor shall Supplier permit any AI System to process, analyze, summarize, or generate content based upon Confidential Information. Supplier shall implement and maintain reasonable technical and organizational safeguards to prevent any unauthorized disclosure of Confidential Information to AI Systems by Supplier’s employees, agents, or subcontractors. For the avoidance of doubt, this prohibition applies regardless of whether the AI System retains, stores, or learns from the Confidential Information, and regardless of any privacy or confidentiality settings offered by the AI System provider. The restrictions set forth above shall not apply to Supplier’s use of AI Systems that meet all of the following requirements (an “Approved AI System”) (a) the AI System operates solely within Supplier’s own secure, internal computing environment; (b) the AI System does not transmit, store or make available any Confidential Information to any third party, external server, or external network and (c) the AI System does not make, or permit, any Confidential Information to be accessible by, or available to, any of Supplier’s employees, officers, directors, consultants, affiliates or any other party that does not have a need to know the Confidential Information in connection with provision of Goods or services to BWC pursuant to this Agreement.
12. Bailed Property. All tangible personal property of BWC held by Supplier shall be considered bailed property and must be fully insured by Supplier from loss or damage. Supplier will return BWC’s tangible personal property to BWC within 30 days of BWC’s request. If Supplier fails to return such property, or if such property is lost or damaged, Supplier shall be liable to BWC for the greater of the fair market value of the property or replacement cost and for all damages all damages incurred by Supplier arising out of or related to such loss, damage or failure to return the property.
13. Remedies. In the event that Supplier supplies or delivers Goods that are defective or fail to conform with the Order or these Terms, BWC shall have the right, in addition to all other rights BWC may have hereunder or under any applicable law or at equity, to take any or all of the following actions: (a) terminate the Order; (b) reject and return the Goods; (c) retain the defective Goods in whole or in part, subject to an appropriate adjustment to the price of such Goods; (d) require the Supplier to provide conforming Goods or repair parts, including field replacement, at Supplier’s sole expense; (e) require Supplier to take all reasonable action to cure all defects or bring the Goods into conformity with all applicable specifications, including procuring an alternate source for the Goods or any tests required by BWC to verify conformance; (f) correct, repair or replace the defective Goods and recover the total cost relating thereto from Supplier, including the cost of any related product recalls; or (g) withhold total or partial payment for the Goods, set-off or recoup from any amounts due to Supplier sums necessary to reimburse BWC for costs, damages or losses incurred. Supplier shall be responsible for any defects attributable to subcontracted providers of Goods (including components and raw materials used in the manufacture thereof). Without limiting the foregoing, if Supplier delivers Goods that are defective or fail to conform to any applicable specification, Supplier will be liable for all costs and damages associated with BWC’s remedies.
14. Indemnification. Supplier shall indemnify, hold harmless, and defend BWC, its officers, directors, agents, representatives, customers, employees, successors and assigns (the “Indemnitees”) from and against any and all claims, allegations, charges, losses, damages, liabilities, costs or expenses (including reasonable attorneys’ fees, court costs, and expert fees) arising out of or relating to: (a) injury (including death) to any person or damage to any property resulting from the manufacture, packaging, sale, use or delivery of Goods (including any Goods incorporated into another product) by Supplier; (b) any breach of the Order, these Terms, or any warranty, either express or implied, or from defects in material, workmanship or design (where design is Supplier’s responsibility); (c) the negligence, gross negligence, or willful misconduct of Supplier or anyone acting on Supplier’s behalf; or (d) any actual or alleged infringement of any patent, trademark, copyright or any other intellectual property right, or misappropriation of a trade secret, relating to the Goods. Supplier’s indemnification obligations apply regardless of whether such claims are alleged to have been caused in part by the negligence of BWC or any Indemnitee and regardless of whether privity exists between Supplier and the claimant. Supplier shall, at its sole expense, promptly assume and conduct the defense of any indemnified claim and shall not settle any such claim without BWC’s prior written consent, which shall not be unreasonably withheld. Supplier’s obligations under this Section are independent of and in addition to Supplier’s obligation to procure and maintain insurance, and any limitation, denial, or determination of insurance coverage shall not limit Supplier’s indemnification obligations.
15. Insurance. From the date of the Order and for a period of no less than five (5) years thereafter, Supplier shall carry comprehensive general liability insurance, including contractual and product liability coverage, with scope of coverage and limits that are customary in the industry and as otherwise required by law. Supplier shall, at the request of BWC, supply certificates evidencing such coverage that complies with the foregoing.
16. Force Majeure. Neither BWC nor Supplier shall be liable or responsible to the other party, or be deemed to have defaulted under or breached the Order or these Terms for any failure or delay in fulfilling or performing any term thereof or hereof when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from a Force Majeure Event (as defined below) and in no way by the Impacted Party’s actions, omissions or negligence, and only if the Impacted Party notified the other party promptly upon the occurrence of the Force Majeure Event. For purposes of this section, “Force Majeure Event” means acts of God; flood, fire, earthquake, communicable disease outbreak or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades in effect on or after the date the Order was accepted; national or regional emergency; and other similar events beyond the reasonable control of the Impacted Party; but excluding any failure or delay that is caused by any labor problems or strikes relating to its workforce or its suppliers or subcontractors or any commercial circumstances affecting pricing or availability of any goods, raw materials or other items. During the period of any such delay or failure by Supplier, BWC, at its option, may (a) purchase materials from other sources and reduce its purchases from Supplier by such quantities, or (b) direct Supplier provide materials from other sources in quantities and at times requested by BWC and at the price set forth in the Order. Supplier shall within 10 days of BWC’s request for adequate assurances provide Supplier with assurances that the delay or failure shall not exceed 30 days. If the delay lasts more than 30 days or Supplier does not provide adequate assurance that the delay or failure will cease within 30 days, BWC may immediately cancel the Order without liability.
17. Waiver. No waiver under the Order or these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege, or condition arising from the Order or these Terms: (a) any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or (b) any act, omission, or course of dealing between Seller and BWC.
18. Entire Agreement. The Order and these Terms are the entire agreement between the parties with respect to the purchase of the Goods. There is no verbal understanding or agreement other than the conditions stated in the Order and these Terms. Any modification of the parties’ obligations thereunder and hereunder must be in writing and signed by each party.
19. Assignment. Supplier may not assign, in whole or in part, the Order or delegate the performance of its duties thereunder without the consent in writing of BWC.
20. Governing Law and Venue. The parties expressly disclaim applicability of the United Nations Convention on Contracts for the International Sale of Goods. The Order and these Terms shall be governed by the laws of the State of Michigan (including but not limited to the Michigan Uniform Commercial Code, MCL 440.1101 et seq.) without regard to any conflicts of laws principles. The parties shall not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to the Order, the Goods or these Terms in any forum other than the Federal District Court for the Western District of Michigan or the Circuit Court of Kent County, Michigan and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in those courts. A final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
21. WAIVER OF JURY TRIAL. Any controversy that may arise under the Order, these Terms, or the Goods, is likely to involve complicated and difficult issues and, therefore, BWC and Supplier, by issuing and accepting, respectively, the Order, each irrevocably and unconditionally waive any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Order, these Terms, the Goods, or the transactions contemplated hereby.

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.

Bradford White Water Heaters does not directly sell any products on-line. Authorized ecommerce sellers of Bradford White products are independently owned businesses that have agreed to Bradford White’s E-Commerce Requirements and are solely responsible for the pricing, shipping, customer service, and condition of product upon delivery. Bradford White Corporation’s warranty obligations are limited to those specifically stated in the applicable Bradford White limited warranty document for your product. Questions regarding this policy may be directed to ecomm@bradfordwhite.com.

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.

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 bwc.marketing@bradfordwhite.com.

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).

WARNING CANCER AND REPRODUCTIVE HARM WWW.P65WARNINGS.CA.GOV 

California Transparency in Supply Chains Act Disclosure

• Bradford White Corporation (i.e. – Bradford White Water Heaters, Laars Heating Systems Company and Niles Steel Tank^®) does not tolerate human trafficking or slavery in any of its operations or its suppliers’ operations. Bradford White Corporation procurement employees advised of any suspected human trafficking or slavery violations within it supply chain are encouraged to report such activity to the Corporate Office (Chief Administrative Officer). Bradford White Corporation also maintains a non-retaliation policy against employees who report suspected human trafficking or slavery in the Bradford White Corporation supply chain.
  The following disclosures are made as required by the California Transparency in Supply Chains Act of 2010 (Section 1714.43 of the California Civil Code) (referred to in this disclosure as the “Act”).
  To what extent, if any, does Bradford White Corporation:
  (1) Engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery? Bradford White Corporation does not at this time engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery. If; however, Bradford White Corporation is advised of a suspected supplier violation of human trafficking and slavery standards, then Bradford White Corporation will address the matter with the supplier.
  (2) Conduct audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. Bradford White Corporation employees periodically visit our suppliers’ administrative and manufacturing facilities, but do not specifically do so for the purpose of identifying human trafficking and slavery violations. If; however, Bradford White Corporation is advised of a suspected supplier violation of human trafficking and slavery standards, then Bradford White Corporation will address the matter with the supplier.
  (3) Require direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. Bradford White Corporation generally requires suppliers to be in compliance with all applicable manufacturing and trade laws and is prepared to request certification from suppliers that they comply with applicable laws regarding slavery and human trafficking if Bradford White Corporation is advised of a suspected violation.
  (4) Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking. Bradford White Corporation procurement employees advised of any suspected human trafficking or slavery violations within it supply chain are encouraged to report such activity to the Corporate Office (Chief Administrative Officer).
  (5) Provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products. While Bradford White Corporation does not currently conduct training specific to human trafficking and slavery, Bradford White Corporation does encourage procurement employees advised of any suspected manufacturing and trade violations, including human trafficking or slavery violations, to report such activity to the Corporate Office (Chief Administrative Officer).

Air Quality Management Districts

• South Coast
• Bay Area
• Yolo-Solano
• San Joaquin
• Ventura
• Sacramento

• Ultra Low NOx requirements