LIMITED WARRANTY . . .

“Limited Warranty.  Our gaging products are covered by a limited warranty. Western Gage warrants that the products, at the time of shipment, will substantially conform to the specifications described in the written documentation and specifications provided by Western Gage for a period of twelve (12) months following shipment of the products. Buyer must provide notice to Western Gage of nonconformity with the limited warranty within the warranty period. Western Gage shall not be liable for a breach of the limited warranty unless: (i) Buyer gives written notice of the defect, reasonably described, to Western Gage within five (5) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Western Gage is given a reasonable opportunity after receiving the notice to examine such products and Buyer (if requested to do so by Western Gage) returns such products to Western Gage’s place of business at Buyer’s cost for the examination to take place; and (iii) Western Gage reasonably verifies Buyer’s claim that the products are defective. Western Gage shall, as Buyer’s sole and exclusive remedy for any nonconformity or breach of this limited warranty, promptly, at its option, correct by repair or replacement any nonconforming products. Products are to be used only in accordance with Western Gage’s operating instructions. Western Gage is not obligated to provide the warranty repair or replacement if there has been any unauthorized alteration, modification or repair of the products, if the products have been used or combined with accessories or devices not approved by Western Gage, or in the case of contaminated air supply, voltage surges, accidents, misuse, abuse, neglect, tampering, improper installation, maintenance, unauthorized use, damage due to exposure to the elements, failure to install or use the products in accordance with instructions or acts of God. “Specifications” means: (i) specifications identified on the face of Western Gage’s order acceptance; or (ii) if no or partial specifications are identified, then Western Gage’s published product specifications stated in a data sheet or other similar document in effect at time of product delivery, in any such case, whether or not provided to or known to Buyer. Buyer assumes all risk for operation of products outside the parameters and testing conditions described in the applicable product specifications.

DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND BUYER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE PERFORMANCE, USE AND RESULTS THEREOF. WESTERN GAGE EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OR NON-INFRINGEMENT. DEFECTS CAUSED BY CONTAMINATED AIR SUPPLY OR VOLTAGE SURGES ARE EXCLUDED FROM ANY WARRANTY. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the products. Third-Party Products are not covered by the Limited Warranty above. No personnel of Western Gage are authorized to make any warranty about a product. Oral or written statements by any Western Gage personnel, including via email, do not constitute a warranty, do not bind Western Gage, shall not be relied on by Buyer, and are not part of these terms. All technical advice, recommendations and services of Western Gage are for Buyer’s convenience only and are intended for use by persons having skill, at their own risk, and Western Gage assumes no responsibility, and Buyer hereby waives all claims against Western Gage, for results obtained or damages incurred from the use of Western Gage’s advice, recommendations and services.

LIMITATION OF LIABILITY: WESTERN GAGE SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE PRODUCTS, REGARDLESS OF CAUSE. IN NO EVENT SHALL WESTERN GAGE’S AGGREGATE LIABILITY TO BUYER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY BUYER FOR THE PRODUCTS IN QUESTION. WESTERN GAGE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, GENERAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO BUYER’S PROPERTY, LOSS OF DATA, DIMUNITION IN VALUE, OR LOSS OF PROFITS OR REVENUES, EVEN IF WESTERN GAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. THE LIMITED WARRANTY, LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WESTERN GAGE AND BUYER. Certain of the above limitations may not apply in some states. The limitation of liability set forth above shall not apply to liability resulting from Western Gage’s gross negligence or willful misconduct. Western Gage will not be liable to Buyer for any loss, damage or injury to persons or property resulting from the handling, storage, transportation, resale or use of the Products in manufacturing processes, or in combination with other substances, or otherwise.”

Terms of payment

Initial orders require Payment in Full before production begins.  Payment terms of Net 30 (thirty days from date of invoice) may be available, subject to credit approval.  Western Gage accepts Visa, MasterCard and American Express, credit cards are charged at time of shipping.  Shipping, Duties and Taxes are the customer’s responsibility.

Delivery Terms
F.O.B. Camarillo, Ca.  Customer is responsible for risk of loss during transit.

Minimum order
The minimum purchase per order is $75.00 for all standard catalog products.

Restocking Charge
Custom finished air gage members and setting masters are non-returnable. All sales of made and/or finished to order items are final. 
Under certain conditions, we may allow the customer to return standard products subject to a minimum 15% restocking charge.

Cancellations 
Cancellations will be subject to applicable material and labor charges for work in progress as determined by Western Gage.

Prices
Prices and discounts are subject to change without notice.  Written quotations automatically expire thirty (30) calendar days from the date of issuance, unless otherwise stated in the proposal.

Design Changes

Custom air gage designs are complicated and time consuming. Please make sure Western gage has all information prior to or at PO placement. If design changes occur after Western Gage has started a sales order or approval drawings are sent, including change in scope, discovery of missing information or update of requirements that lead to redesign, additional charges will be incurred. The charges will depend on what changes are required and time involved to make the changes.