WASATCH AUTOMATION – TERMS AND CONDITIONS

Waiver:

A waiver by either Wasatch Automation ("Seller") or the Buyer of any breach of the provisions herein shall not be deemed a waiver of any future compliance with those provisions. All provisions shall remain in full force and effect.

Notices:

All notices shall be sent by a nationally recognized overnight courier to the following address:

Wasatch Automation
1168 W 500 N Ste 400 Centerville, UT 84014

Such notices shall be effective on the date of actual delivery.

Signature and Binding Effect:

The parties acknowledge that, if required, a signature may be in the form of a facsimile (including digital or electronic formats), which shall satisfy the requirement of both writing and signature to be binding. Otherwise, the agreement shall be binding in accordance with its terms without the necessity of a physical signature.

Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full power and effect. A seller’s failure to exercise or enforce any of its rights shall not constitute a waiver of such rights and all such rights shall remain in effect.

1. Governing Terms

These Terms and Conditions take precedence over any additional or different terms and conditions submitted by Buyer, to which notice of objection is hereby given. Acceptance by Buyer is expressly limited to these Terms and Conditions.

Neither Seller’s commencement of performance nor delivery shall be construed as acceptance of any terms or conditions that are additional to or different from those stated herein.

2. Acceptance

These Terms and Conditions are incorporated into Seller’s order acceptance. This document constitutes an exact copy of the Buyer’s order as accepted by Seller and processed by Wasatch Automation.

It is the responsibility of Buyer to carefully compare this acknowledgement with Buyer’s original purchase order and Seller’s quotation (if applicable). Any terms not specifically set forth in this acknowledgement are deemed objected to by Seller, regardless of their presence in Buyer’s purchase order.

Buyer’s purchase order is accepted only on the condition that Buyer accepts all terms and conditions set forth in this document. If Buyer does not accept these terms, Buyer must notify Seller immediately in writing. Failure to provide such notification shall constitute full acceptance of these terms and conditions.

3. Credit Terms

Credit shall not be assumed or implied and must be expressly authorized by an authorized representative of Wasatch Automation.

A credit arrangement will only be considered upon submission and approval of a Credit Application completed and signed by an authorized Company Officer of the Buyer. Upon approval, the standard payment terms shall be Net 30 days from the date of the invoice unless otherwise stated on invoice.

The purpose of extending credit is to accommodate customers in good standing by allowing them to make payment within agreed terms.

Failure to adhere to the agreed payment terms may result in revocation of credit privileges and/or delays in future shipments.

4. Signature and Binding Effect

The parties acknowledge and agree that, if a signature is required, it may be provided in the form of a facsimile, electronic signature, or other legally recognized format. Such signatures shall satisfy any requirement for “writing" and shall be considered legally binding.

Notwithstanding the absence of a physical signature, these Terms and Conditions shall be binding upon the parties in accordance with the terms set forth herein upon Buyer’s acceptance of the order or receipt of goods.

5. Cancellations

The contract formed by Seller’s acceptance of Buyer’s order may not be cancelled, terminated, or modified, in whole or in part, by Buyer without the prior written consent of Seller. Noncancellable, non-returnable, or custom items cannot be cancelled. Once raw materials are in process, Buyer may not delay or suspend release of goods unless authorized in writing by Seller. Any approved change shall be subject to terms that fully protect Seller from direct and consequential losses.

6. Delivery

Manufacture, shipment, and delivery of goods are subject to any applicable prohibitions, restrictions, or regulations imposed by governmental authorities.

Wasatch Automation shall not be liable for delays due to events beyond its reasonable control, including but not limited to:

  • Acts of God

  • War or armed conflict

  • Governmental regulations

  • Labor disputes

  • Natural disasters

  • Supply chain disruptions

In such events, performance is suspended without liability or penalty.

7. Transportation and Delivery Price Changes

Transportation and delivery prices are subject to change without notice. Orders are accepted based on prices effective at the time of shipment.

Any changes in freight or F.O.B. terms requested by Buyer will result in corresponding price adjustments at Buyer’s expense.

Wasatch Automation is not liable for local delivery charges at the destination.

8. Market Price Changes

Wasatch Automation reserves the right to adjust pricing due to raw material fluctuations or other cost increases beyond its control, including:

  • Material cost increases

  • Supply chain issues

  • Regulatory impacts

  • Currency volatility

  • Applicable taxes

Notice of price changes will be provided where possible. All taxes will be charged unless a valid exemption certificate is on file.

9. Purchase Orders

Verbal or emailed orders will not be accepted. All orders must be accompanied by an official purchase order with accurate pricing and terms. Discrepancies require a revised PO. No processing will occur until a valid PO is received.

10. Customer Stock

Customers requesting stock to be held must sign a Stocking Agreement valid for up to one (1) year. After expiration, remaining stock will be shipped to the customer.

11. Acceptance of Terms and Conditions

Acceptance is confirmed upon the earlier of:

  • Three (3) days from the date of this acknowledgment

  • Start of manufacturing

No changes are binding unless in writing and signed by an Authorized Representative of Wasatch Automation.

12. Payment Terms

Net 30: Payment due 30 days from invoice.

Credit Hold: Accounts over 31 days past due will be placed on hold.

Late Payments:

  • 1.5% per month (18% APR) finance charge after 60 days

  • Legal action after 120 days, including recovery of:

    • Interest

    • Legal fees

    • Collection costs

13. Duty Fees and Tariffs

All duty or tariff costs will be passed to the customer without markup. Some vendor pricing may include tariffs. Customers will be informed at time of quote whether tariff costs are itemized or included.

14. Sales Tax

Wasatch Automation collects sales tax based on the shipping origin and applicable laws. Typically, this is:

  • Davis County, Utah

  • Idaho State

Exemptions require a completed tax exemption form (TC-721 for Utah, ST-101 for Idaho) before processing.

15. Shipping & Liability

Ownership transfers upon delivery to the customer’s site. If lost or damaged in transit, Wasatch Automation will file the claim with the carrier.

16. Credit Card Payments

Surcharges apply to all credit card payments:

  • 3% for American Express

  • 2% for Visa/Mastercard

Fees appear as separate line items.

17. Warranties

Warranties begin on the date of shipment to Wasatch Automation. All warranties are limited to manufacturer terms. Wasatch Automation does not modify or extend manufacturer warranties.

18. Blanket Order Policy

Blanket orders must be fulfilled within 1 year. All ship dates must be provided up front. Schedule changes require 21 business days' notice and vendor approval. Customers are responsible for:

  • Shipping costs

  • Vendor surcharges

  • Tariffs/duties

  • Price increases during the blanket term

19. Order Cancellation Policy

Custom, non-returnable, or vendor-locked orders cannot be cancelled. All other cancellations are subject to case-by-case review and vendor approval.

20. Return for Credit Policy

Returns are credit-only (no cash/check/ACH refunds). Returns must follow RMA procedures:

  • No returns without RMA number

  • Subject to restocking and shipping fees

  • Used or marked items not accepted

  • Credit issued only after vendor approval and confirmation

To initiate a return:

  • Call: (801) 946-2710





Privacy Policy

 Protecting your private information is our priority. This Statement of Privacy applies to wasatchautomation.net, and Wasatch Automation LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Wasatch Automation LLC include wasatchautomation.net and Wasatch Automation. The Wasatch Automation website is a information site. By using the Wasatch Automation website, you consent to the data practices described in this statement.

Collection of your Personal Information

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Sharing Information with Third Parties

Wasatch Automation does not sell, rent or lease its customer lists to third parties.

Wasatch Automation may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Wasatch Automation, and they are required to maintain the confidentiality of your information.

Wasatch Automation may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Wasatch Automation or the site; (b) protect and defend the rights or property of Wasatch Automation; and/or (c) act under exigent circumstances to protect the personal safety of users of Wasatch Automation, or the public.

Tracking User Behavior

Wasatch Automation may keep track of the websites and pages our users visit within Wasatch Automation, in order to determine what Wasatch Automation services are the most popular. This data is used to deliver customized content and advertising within Wasatch Automation to customers whose behavior indicates that they are interested in a particular subject area.

 Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Wasatch Automation. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Wasatch Automation website.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

 Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

•Delete your personal information from our records; and

•Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

•Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

•Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

•Debug to identify and repair errors that impair existing intended functionality;

•Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

•Comply with the California Electronic Communications Privacy Act;

•Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

•Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

•Comply with an existing legal obligation; or

•Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

Wasatch Automation does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

 Changes to this Statement

Wasatch Automation reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

 Contact Information

Wasatch Automation welcomes your questions or comments regarding this Statement of Privacy. If you believe that Wasatch Automation has not adhered to this Statement, please contact Wasatch Automation at:

 Wasatch Automation LLC

1168 W 500 N Suite 400

Centerville, Utah 84014