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Westgate
Terms & Conditions
Distributorship Terms
- The below list encompasses minimum of requirements to establish an authorized distributor account with Westgate Mfg.:
- A valid resale permit for electrical and lighting products.
- A strong wholesale/retail customer base in which to resell the products, including businesses, contractors and/or end users.
- At least 2 references within the Electrical/Lighting industry from whom the applicant currently purchases.
- Upgraded distributorship levels require minimum opening order.
- Positive community and online reputation, on BBB, D&B, Google, Yelp, etc.
- Westgate offers several distributorship programs, based on the customer’s annual purchase volume, which determine pricing, freight level, and return terms. See The WIP (WESTGATE IMPORTANT PARTNER) Program Details Here.
- Accounts with less than $3,000 in annual activity will be closed and marked inactive. Closed accounts must resubmit opening order and credit application.
- WIP level downgrades occur annually based on yearly performance. And upgrades are offered quarterly.
- Accounts with iMap violations, misrepresentations, or unfair practices may be terminated without prior notice, at Westgate’s discretion.
- All purchases from Westgate are subject to these and other terms and conditions, as established by Westgate from time to time.
1. Sales Terms
- No minimum purchase requirements apply; however, the following products may ONLY be purchased in multiples of full case packs:
- Led Tube Lights - All Sizes | Led panels & Troffers | 8ft Strip Lights | 8Ft Vapor Tight Fixtures| Multipack Items| and other items marked as “FULL PACK ONLY” in the quarterly Hotsheet.
- Westgate publishes two to four price booklets (HOTSHEET) annually. Every customer has an assigned price level based on their WIP status. The assigned prices are firm and represent the minimum price the products are sold at.
- Westgate may issue a courtesy notice of 14 to 30 days prior to implementing a price change. However, Westgate reserves the right to change prices at any time, without prior notice.
- Product design and specifications or any published product information may change without prior notice. Westgate recommends inspection and measurement of products to determine fit per application before installation. Claims for labor that arise because of changes to product design or specification cannot be honored.
- Customer agrees to adhere to Westgate iMap “Internet Minimum Advertised Price” policy for all Westgate products advertised online. Violation of the iMap policy may cause the account to be placed on hold, receive a WIP downgrade, or be permanently deactivated.
2. Order Acceptance, Revision & Cancelation Policy
- Orders may be submitted by email, through Westgate’s business portal, or by prior arrangement via EDI.
- To assure prompt and accurate processing, orders sent by email must adhere to the following requirements:
- Must be sent from the buying company’s email domain
- Must be addressed to orders@westgatemfg.com
- Must include an attached .pdf formatted copy of the customer’s official purchase order form
- Westgate encourages customers to utilize the Westgate BUSINESS PORTAL for placing orders online. Contact Westgate to be set up for EDI automation.
- Orders may not be revised more than 30 minutes after submission, or once submitted to the warehouse. For addition to an existing order, a new PO must be issued which might incur additional shipping charges if arrangements cannot be made to ship both orders together.
- Westgate can hold an order for will call or shipping for up to two weeks, 14 days after order being placed a %7 storage fee will apply to the order whether the order is cancelled or shipped. Orders can be held for shipping or will-call pick-up for a maximum of 14 days; after that, a 7% storage fee will be charged, regardless of final disposition.
- A fee of up to 70% may apply to cancelled orders for special assembly product.
3. CREDIT TERMS
- Westgate MFG. reserves the right to refuse credit to anyone, and at its discretion may request COD payment.
- Net 30 credit terms are available to purchasers with approved credit. Maximum late charge fee applicable by law per month may be assessed on accounts with past due balances.
- Purchaser will be held responsible for any returned check fees or legal fees due to failure of payment.
- Westgate is not responsible for checks lost in the mail, or fraud that could arise because of mail theft. The only valid proof of payment by check is the record of deposit to Westgate’s bank. We encourage customers to use automated payment methods and ACH transactions.
4. Same Day Shipping & Will Call Policy
- Westgate endeavors to ship orders received before 10AM Pacific the same day subject to the following conditions:
- Same day shipping promise is only for items that are available in local stock at the time of order being picked. However, Westgate Mfg. shall not be held liable for any delay in shipping or handling of goods.
- Factory installed options and special orders usually take 3 to 10 business days for preparation. Custom color finishes require up to 21 days for completion.
- The customer account must be up to date and below the credit limit for an order to ship same day. Orders with credit issues will remain on hold until accounting department releases the order.
- Orders with outdated price, and not aligned with Westgate quarterly Hotsheet will remain on hold until a revised PO is received.
- Westgate requires a FOUR-HOUR window to process and prepare orders for pick-up at Will-Call.
- Westgate does not assume liability for carrier service performance and will not be held liable for delays that can occur during transport.
- Orders are invoiced upon departing the Westgate warehouse. Claims for damage or shortage of Will-Call orders that have been signed for by the customer or its nominated agent will not be honored.
- Sales Order number & PO number must be provided at Will-Call dock for orders being picked up.
5. Free Freight Terms
- Westgate offers free freight based the value of the order, with the minimum order value for standard free freight starting at $1,200. Refer to Westgate’s WIP policy to see free freight levels for each distributorship level.
- The standard prepaid freight policy applies within the contiguous United States, excluding Alaska and Hawaii. The minimum order value to qualify for free freight to Alaska or Hawaii is $7,000 for all distributorship levels.
- Specific carrier and service level for Free Freight offer is at Westgate’s discretion and applies to dock-height deliveries with standard equipment within the lower 48 states. Customer is responsible for any extra assessorial charges required due to special delivery or unloading requirements.
- Any shipping fee estimates are not final and firm and may vary after packing and shipping.
- When orders are not prepaid Westgate will follow the
6. RETURN POLICY
- Westgate MFG. is committed to providing 100% customer satisfaction. Returns are allowed for any reason on most items within 30 days of purchase, with no restocking fees. See WIP program for more info on distributorship benefits.
- Customer is responsible for return shipping fee. Westgate will only provide “call tags” for items determined to be covered under warranty or shipping mishandling on Westgate’s part, and by request.
- Inspect products upon receipt. Broken lenses, other visible defects, short shipments, or any other irregularities must be noted on the bill of lading at time or receipt and reported within 7 days.
- Items must be returned in original packaging, including all parts and manuals
- Returns MUST BE ACCOMPANIED by a valid Westgate issued Return Merchandise Authorization. Returns without an RMA (Return Merchandise Authorization) will not be received and WILL NOT be serviced.
- Special order items, items with options install or assembly, customized color products, items installed with battery backup, sensors, photocells, etc. are not eligible for return or cancelation once the purchase order has been submitted. Cancelation of these items may incur a fee of up to 70%, depending on the nature of the customization. Replacement product may be sent immediately upon request; however, the final RMA and credit disposition remains subject to receipt at Westgate and inspection of the original merchandise.
- RMAs (Return Merchandise Authorization) remain valid for 30 days from issue date. Merchandise not received by Westgate within that 30-day period will require a new RMA.
- See Westgate Warranty Terms & Conditions here.
7. Sample Policy
- Product samples for evaluation with the intention to return may be requested by way of a regular Purchase Order, showing the product at full price. The Purchase Order should include the words “Samples to be Returned.” Maximum quantity of one piece per SKU. Westgate covers shipping costs both ways and will include a prepaid return shipping label with the shipment. Invoices become due and payable in 60 days for any samples not returned by that time.
- If samples are not to be returned, please contact your regional sales administrator for further evaluation. Westgate offers several displays for storefronts. Please keep in mind WIP Gold and Platinum customers are eligible to receive many Westgate displays at no cost.
8. Warranty
- Westgate warrants its products against manufacturing defects, provided that the product was purchased from an authorized Westgate distributor, has authentic Westgate markings, and has been used in accordance with the installation standards of the National Electric Code. The warranty covers repair or replacement only and is exclusive of any associated uninstall or install costs. Westgate does not honor or offer any labor warranty. Additional labor coverage may be requested and purchased at the time of ordering.
- In the event of any defects, Westgate MFG. promises to repair or replace the defective products free of charge. Westgate Mfg.’s liability is expressly limited to the cost of the initial product and any consequential damages are expressly excluded. No labor, shipping, installation, or equipment rental cost will be reimbursed. Product warranty only covers replacement or repair of product with the same or similar model in stock.
- Self-alterations and product modification not done through Westgate nullify the warranty.
- Damages and defects resulting from any of the following are not covered under the Westgate warranty: Physical damages or lenses broken after receipt, product misuse, damage from power surge, lighting, or other natural phenomena, such as storms, floods, heavy rain, etc. Misuse of electrical products can be a fire hazard, cause serious injuries or death. Westgate products must be installed by a certified electrical professional, and in accordance with their written instructions, warning labels and spec sheets. If flickering, strobing, or a sound is detected from the lighting fixture, the power should be disconnected immediately. Westgate liability is limited to the product only, and does not cover any damages caused to property, human or animal life.
- Products used near water or in humid conditions must have proper marine powder coating. Products rusting or changing fixture color because of misuse are not covered under warranty.
- The customer is solely responsible for verifying that the product meets local code or inspection requirements. Westgate bears no liability for product exchange or labor costs when local codes have not been properly met.
- Westgate spec sheets and other publications may change from time to time. Westgate asks that the actual products received be examined and inspected for a perfect fit to the application prior to install or modification to the property. Westgate responsibility is limited to product exchange and does not cover any labor liability or shipping in case of a discrepancy between the spec sheet and product.
- Defective products during warranty period will be repaired or replaced with the same item. If an item has been discontinued a newer version with similar specs will be recommended. The updated version may not have the same lumens or exact design as the previous model. If the customer does not accept the substitute, the credit will be based on the latest published price for an equivalent item. Westgate commits to replacing defective units only, and not the entire batch.
WARRANTY PERIOD BY CATEGORY
| OUTDOOR LIGHTING | 7 YEARS |
| INDUSTRIAL LIGHTING | 5 YEARS |
| COMMERCIAL INDOOR LIGHTING | 5 YEARS |
| RESIDENTIAL LIGHTING | 5 YEARS |
| RIBBON LIGHTING | 5 YEARS |
| LANDSCAPE BRASS & COPPER | 5 YEARS |
| LANDSCAPE ALUMINUM | 3 YEARS |
| UNDERCABINET LIGHTING | 5 YEARS |
| EXIT & EMERGENCY LIGHTING | 3 YEARS |
| ELECTRICAL PRODUCTS | 1 YEAR |
