Terms & Conditions

 

Orders

All orders must be submitted in writing to WERK via email. In a purchase order, Purchaser shall specify each item by its product name and the corresponding model number, description, size, finish, color, and pricing. Orders with missing or incorrect information such as model number, finish, color, pricing, etc. will be scheduled upon receipt of correct and complete information.

 

CUSTOM ORDERS

Custom orders are encouraged. If you can’t find what you need, or have a unique application, give us a holla. We're happy to help.

 

Acknowledgment

Orders are only accepted by issuance of our formal acknowledgment. It is the Purchaser’s responsibility to check acknowledgements and invoices for accuracy. If there is any discrepancy, the customer must notify WERK within 72 hours. Failure to notify WERK within this time period will constitute acceptance of the order as acknowledged, and our acknowledgment is final and binding.

 

Prices

All prices herein are list prices and are subject to change without notice, unless quoted in writing. 

Written quotes are valid for 30 days unless otherwise specified in writing. After that period, the Quote shall be considered void. 

 

Payments

Terms of payment are NET 30 days from date of invoice, except where otherwise specified in writing by WERK.

We accept credit card, business checks, and EFT transfers. For orders under $2,500 USD, payment in full is required at the time of purchase. For orders over $2,500 USD, a 50% deposit is due at the time of purchase to begin the order, with the remaining balance due upon the customer receiving notification via invoice that the order is ready for shipping. For payments made by credit card, an additional fee of 3% of the order total will be applied.

Checks can be mailed to:

WERK llc

3235 South 39th Street

Lincoln, NE 68506

 

Delivery and Freight

All U.S. shipments are F.O.B. Lincoln, NE, freight prepaid. WERK reserves the right to select the most appropriate carrier and routing on all shipments; however, we will try to accommodate requests for your preferred carrier if needed.

 

Changes and Cancellations, returns and exchanges

Orders may not be changed or cancelled, in whole or part, without prior written consent by WERK, which consent WERK may or may not grant at its sole discretion. Changes may affect delivery dates.

Each product is made to order. For this reason, returns and exchanges are not accepted for any reason other than manufacturing defects or shipping damage.

 

Damage and Claims

INSPECT UPON RECEIPT. Packages and/or shipments must be inspected upon delivery. Failure to report damage immediately may result in a denied claim.

APPARENT DAMAGE. The recipient has the right to inspect all shipments before signing any Bill of Lading. In the event an order arrives damaged or incomplete, the customer is required to make the appropriate notations on the delivery receipt BEFORE both you and the driver sign the Bill of Lading. Report any product or quantity discrepancies to both the carrier and WERK immediately to allow for inspection and prompt issue resolution. When freight claim issues arise with a customer’s designated carriers, the customer is responsible for filing freight claims.

CONCEALED DAMAGE. When damage is not apparent until the product is unpacked, then a claim for concealed damages must be made immediately. Retain all packing materials and notify carrier that you wish an inspection report be made.

 

finishes

Variations in grain, color, marks, tone and pattern of wood, and laminates may occur as a result of nature, dye lot, exposure to light, and aging. WERK makes no warranty with respect to matching of grain, textures, pattern or colors of such materials, including an exact match to wood chips, laminate samples, or color swatch cards.

 

Force Majeure

In the event of delay due to war, riots, labor or industrial disputes, energy or other raw material shortages, transportation problems, accidents, administrative measures or disruptions in WERK’s direct or indirect supplier’s businesses or some other cause beyond WERK’s control, the time for any delivery shall be extended accordingly and WERK shall not incur any liability whatsoever for any direct, indirect, consequential, incidental, special, exemplary or punitive damages (including claims for loss of profits or Purchaser’s or any other person’s or entity’s claims arising out of or relating to changes in delivery dates, partial shipments or untimely performance) which may be incurred by Purchaser or any other person or entity. Upon the occurrence of a force majeure event, WERK may, at its sole discretion, elect, by a written notice to Purchaser, to cancel the order and determine not to ship some or all of the Goods.

 

Indemnity

The Purchaser shall indemnify, defend, reimburse and hold WERK harmless from and against all costs, losses, liabilities, damages and expenses (including attorneys’ fees and expenses) (collectively, a “Loss” or “Losses”), arising out of or resulting from (i) any breach by Purchaser of any of its obligations hereunder or (ii) any actual or threatened claim, demand, action or proceeding initiated by any third party arising out of or resulting from an act or omission of Purchaser.

 

Copyrights and Designs

WERK shall retain ownership and copyright of all documentation delivered or shared with a Purchaser, including but not limited to all illustrations, drawings, sketches and collections. WERK shall also have all rights relating to forms, prototypes and technical solutions relating to the Goods. Purchaser shall not be entitled to make or have made Goods by reverse engineering or otherwise using our Goods, or parts thereof, as a prototype or model. This prohibition includes the manufacture of such reverse engineered goods, whether independently or with or through an agent or a third party, as well as the direct or indirect participation in the distribution of such reverse engineered goods. Any Violation of any part of this section shall be a willful violation of copyright laws which may entitle WERK to collect statutory and other damages as well expenses, including attorneys’ fees, from the Purchaser.

 

 

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