Terms & Conditions

AKW RESOURCE CENTER TERMS & CONDITIONS

PLACING ORDERS

Orders may be submitted by email to orders@akwresourcecenter.com or by fax to 1-715-743-2738. Orders submitted to AKW Resource Center (AKW) must be on the Buyer’s valid purchase order form bearing the company’s name, billing address, current email address, and the ship-to address, including a phone number of the recipient (required by carriers for delivery purposes). Orders do not include shipping, handling, or sales tax, which will be added to the Buyer’s invoice. Without a valid Reseller’s Certificate on file at AKW, sales tax will be added to all invoices when applicable. No orders will be accepted other than in writing. Purchase orders must list the desired AKW item codes and the quantity of each item. AKW will make every reasonable effort to fill all orders, however, we do not guarantee that every product is in stock at the time of an order. We will inform the Buyer of any backordered items and offer the opportunity to cancel or preserve the order. AKW reserves the right to discontinue items and add new items at any time without notice. All shipping weights described, other than those on actual shipping documentation, are approximate and intended solely to assist Buyers with estimating shipping costs. Ground shipping is available to all 48 contiguous US states; please contact us if you require shipping outside of this area.

CONDITIONS OF SALE

All sales are prepaid by credit card unless the Buyer has an approved credit account with AKW. Terms of credit accounts are established by AKW. Payments on credit accounts must be made with a check, money order, or by ACH transfer. Payment of a credit account with a credit card requires pre-approval and will result in a 4% surcharge. Overdue amounts (that is, any amount not received by the due date shown on the invoice) are subject to a finance charge of 1.5% per month (18% per year). An administrative fee of 50% of the invoice total will be added to any interest charges on any overdue amount when payment is obtained using a collection agency. Returned checks are subject to a $50.00 fee.

PRICING

Prices shown in AKW publications are in US dollars. Prices do not include shipping, handling, or sales tax, which will be added to the Buyer’s invoice. Without a valid Reseller’s Certificate on file at AKW, sales tax will be added to all invoices when applicable. All prices are subject to change without notice. All special offers or discounts are time limited to the month of issuance unless otherwise noted in writing by AKW. AKW makes every effort to display accurate prices, however, in the event that an order is placed for any item priced incorrectly, and the error is discovered prior to shipping the item, AKW reserves the right to correct the inaccuracy or cancel the order. Should this occur, AKW will contact the Buyer, inform the Buyer of the error and provide the actual price of the item, at which time the Buyer will have the option to either confirm the order at the actual price or cancel the order. The price of an item is not final until the item is shipped.

RETURNS

Returns require pre-approval. Please call AKW to obtain a Return Authorization (RA) form. Returns are subject to a 35% restocking fee. Shipping charges are not refundable. In the event that a return is required, a valid Return Authorization number will be issued. An RA will not be issued more than thirty (30) days after the product’s purchase date, except for approved stock rotations and other pre-approved arrangements with authorized AKW distributors. Return Authorizations expire thirty (30) days after the date they are issued, and returns must be received by AKW within that thirty (30) day period, or no credit will be issued. The RA number must be clearly written on the outside of all shipping boxes and pallet wrapping. All merchandise must be returned 100% complete in original packaging with all product parts, packaging material, manuals, and accessories included, and must be in “as new” saleable condition. All products must be returned freight prepaid to AKW. Incomplete or unauthorized returns will be refused. All returned products will be inspected, and, if deemed damaged or used, refunds will not be issued. Items cannot be returned if they were special ordered, made to customer specifications, or are non-inventory or non-stock items.

TECHNICAL ACCURACY

AKW attempts to be as accurate as possible in describing product specifications, maintenance, usage, care, and installation. AKW does not, however, warrant that product information or other content of any AKW publication or website is accurate, complete, current, or error-free. If a product offered by AKW is not as described, the Buyer’s sole remedy is to return it in unused condition for an exchange or refund of the original purchase price. All products must be returned freight prepaid to AKW. Shipping charges are not refundable.

UPS & SPEE DEE SHIPMENTS

All orders are prepaid and add (PPA), no Freight Collect. Buyers must inspect any shipment upon arrival, and if the package is damaged, refuse the shipment. If the damaged products were shipped to Buyer on AKW’s account, the carrier will return the shipment to AKW and we will file a claim and promptly send a new shipment to the Buyer; if the products were shipped to the Buyer on an account other than AKW’s, all returns and claims must be processed through that account holder. If the Buyer finds concealed damage, call AKW at once. Again, if the damaged products were shipped on AKW’s account, we will instruct the carrier to pick up the package and return it to us for a claim, and we will reship the Buyer’s order; if products were shipped on a different account, all returns and claims must be processed through the holder of that shipping account.

MOTOR FREIGHT SHIPMENTS

Safe delivery of a freight shipment is the responsibility of the carrier. Please examine your shipment carefully before signing the freight bill. By your acceptance of the shipment from the carrier, affirmed once you sign a freight bill, you acknowledge that the product has been delivered in good condition, relieving AKW and the carrier from further responsibility. If damage is discovered, or if the number of pieces received does not match the number on the freight bill, do not accept the shipment without noting the shortage or damage on the freight bill and insist that the carrier’s agent (the driver) sign and date the freight bill near the notation. Failure to complete these steps may jeopardize recovery of the goods or reimbursement for them and relieve the carrier and AKW from all responsibility. If any concealed damage or shortage is discovered while unpacking, leave the material and the packing as is and ask the carrier for a concealed damage or shortage inspection. Consult the carrier for the necessary claim form. When checking shipments, compare what was received with quantities listed on the packing list or invoice. If the carrier leaves the facility before you find a shortage or damage, contact AKW immediately— claims with motor freight companies must be made promptly. You must contact AKW within three (3) business days after receipt of a shipment to report any issues. AKW is not responsible for shortages or damage to goods that are not reported within three (3) business days after receipt of a shipment. Claims for loss or damaged material and transportation charges may not be deducted from any AKW invoice and the payment of AKW invoices must not be withheld awaiting adjustment of such claims since it is the function of the carrier to guarantee safe delivery and to remedy shortage or damage claims.

COPYRIGHT AND TRADEMARKS

All content, such as text, graphics, logos, icons, images, video and audio clips, digital downloads, and data included in AKW catalogs, brochures, flyers, websites, videos, and other branded materials is the property of AKW or a manufacturer of products sold by AKW, and is protected by international copyright laws. The use of such content is prohibited without the express written consent of AKW.

WARRANTIES AND LIABILITY

All manufacturer warranties are detailed on AKW’s website: www.akwresourcecenter.com. AKW makes these warranties available, without recourse to AKW to the extent permissible, to authorized distributors and dealers, and extends such warranties to the first retail purchaser who puts a product into service after purchasing it from an authorized distributor or dealer. No representative of AKW is authorized to give or make any other representation or warranty or modify any warranty in any way. The provisions of these warranties do not apply to products: a) used for purposes for which they are not designed or intended; b) which have been subjected to alteration, abuse, misuse, negligence, or accident; c) which have been improperly stored, installed, maintained, or operated; d) which have been damaged due to neglect or lack of proper maintenance, cleaning, or care; e) which have been damaged due to the use of inappropriate cleaners, solvents, abrasives, or other chemical or mechanical causes. Proof of purchase is required for any warranty claim. Products shipped to AKW for warranty service, replacement, or refund, that were not purchased from an authorized AKW distributor or dealer, will not qualify for warranty service, and AKW will hold such products only for a limited time and ship them back at the sender’s cost upon their request after shipping and handling fees have been prepaid. The Buyer’s sole and exclusive remedy against AKW for any cause of action arising out of the sale or use of any product purchased from AKW shall be replacement of the product or refund of the purchase price paid for the product. In no event shall AKW be liable for special, indirect, incidental, or consequential damages howsoever arising, including without limitation, lost revenues or profits, labor costs, shipping and freight costs, or expenses incurred due to the installation, removal, or replacement of any product. Any cause of action for breach of warranty must be brought by the Buyer, if at all, within one (1) year from the date the cause of action occurred. Any discrepancy in pricing or other charges shall be deemed waived by the Buyer unless the Buyer notifies AKW thereof in writing within sixty (60) days from the date of invoice on which such disputed transaction is reflected. In no event shall AKW have any responsibility or liability to a Buyer for any failure or delay in performance by AKW which results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of AKW. Such causes and circumstances shall include, but are not limited to, acts of God, acts of Buyer, acts or orders of any governmental authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, unavailability of supplies from usual suppliers, difficulties or delays in transportation, mail or delivery services, or any other cause beyond AKW’s reasonable control.

SOLE AGREEMENT AND INTERPRETATION

The Terms and Conditions set forth herein, together with any additions or revisions which may be agreed in writing by AKW, embody the whole agreement of the parties and provide the only remedies available. There are no promises, terms, conditions, understandings, obligations, or agreements other than those contained herein. These Terms and Conditions, and any transactions or agreements to which they apply, shall be governed both as to interpretation and performance by the laws of the State of Wisconsin.