Terms of service
Terms of Service
Last Updated: December 2024
Welcome to Wagner Flow. By accessing or using our website at wagnerflow.com (the "Site") and purchasing products from us, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
1. Company Information
Wagner Flow Inc ("Wagner Flow," "we," "us," or "our") is an authorized distributor of flow measurement products, meters, and related accessories. We operate in the United States.
Contact: support@wagnerflow.com
2. Products and Services
2.1 Product Distribution
Wagner Flow is an authorized distributor of flow measurement products manufactured by third parties. We do not manufacture the products sold on this Site. Products are manufactured by their respective original equipment manufacturers ("OEMs") and are subject to manufacturer warranties and specifications.
2.2 Product Labeling
Certain products may bear Wagner Flow labeling for identification purposes. Such labeling does not indicate that Wagner Flow manufactured the product. The original manufacturer's warranty and specifications apply regardless of labeling.
2.3 Product Use
Products sold on this Site are intended for use by qualified professionals familiar with flow measurement equipment. Proper installation, calibration, and application are the responsibility of the purchaser. Wagner Flow is not responsible for improper installation, misapplication, or use outside of manufacturer specifications.
3. Pricing and Payment
3.1 Pricing
All prices are listed in U.S. Dollars and are subject to change without notice. Prices do not include shipping, handling, or applicable taxes unless otherwise stated.
3.2 Price Errors
While we strive for accuracy in all product information and pricing, errors may occur. We reserve the right to:
- Correct any errors in pricing, product descriptions, or availability
- Cancel or refuse any order placed at an incorrect price
- Limit quantities on any order
If we discover a pricing error after you have placed an order, we will contact you to either: (a) proceed at the correct price, or (b) cancel your order with a full refund. We are not obligated to sell products at incorrectly listed prices.
3.3 Payment
We accept major credit cards and other payment methods as displayed at checkout. Payment is due at the time of order. Orders are not processed until payment is confirmed.
3.4 Order Acceptance
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline any order for any reason, including but not limited to: product availability, pricing errors, suspected fraud, or credit issues.
4. Shipping and Delivery
4.1 Shipping Area
We currently ship to addresses within the continental United States only. International shipping is not available at this time.
4.2 Shipping Costs
Shipping costs are calculated at checkout based on order weight, dimensions, and destination. Shipping costs are non-refundable.
4.3 Delivery Times
Estimated delivery times are provided at checkout but are not guaranteed. Wagner Flow is not responsible for delays caused by carriers, weather, customs, or other factors outside our control.
4.4 Risk of Loss
Risk of loss and title for products pass to you upon delivery to the carrier. Please inspect all packages upon receipt and report any damage to the carrier immediately.
5. Returns and Refunds
5.1 Return Policy
Products may be returned within thirty (30) days of delivery, subject to the following conditions:
- Products must be unused, in original packaging, and in resalable condition
- A Return Merchandise Authorization (RMA) number must be obtained before returning
- A restocking fee of twenty percent (20%) applies to all returns
- Buyer is responsible for return shipping costs
5.2 Non-Returnable Items
The following items cannot be returned:
- Products that have been installed, used, or modified
- Custom or special-order items
- Products damaged due to misuse, improper installation, or neglect
- Products without original packaging
- Clearance or final sale items
5.3 Refund Processing
Refunds will be processed within 7-10 business days after we receive and inspect the returned product. Refunds will be issued to the original payment method, less any applicable restocking fees and original shipping costs.
Please see our complete Return Policy for detailed procedures.
6. Warranties
6.1 Manufacturer Warranties
Products sold by Wagner Flow are covered by the original manufacturer's warranty, not by Wagner Flow. Warranty terms, duration, and coverage vary by manufacturer and product. Contact us for specific warranty information on any product.
6.2 Warranty Claims
For warranty claims, contact us at support@wagnerflow.com. We will assist in facilitating warranty claims with the manufacturer. Warranty service may require returning the product to the manufacturer or an authorized service center.
6.3 Disclaimer of Warranties
EXCEPT FOR MANUFACTURER WARRANTIES, WAGNER FLOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
7. Limitation of Liability
7.1 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGNER FLOW'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM.
7.2 Exclusion of Damages
IN NO EVENT SHALL WAGNER FLOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Lost profits or revenue
- Business interruption
- Loss of data or information
- Damage to other equipment or property
- Personal injury (except where prohibited by law)
- Cost of substitute products or services
This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Wagner Flow has been advised of the possibility of such damages.
7.3 Product Liability
Wagner Flow distributes products manufactured by third parties. THE ORIGINAL MANUFACTURER IS SOLELY RESPONSIBLE FOR ANY PRODUCT DEFECTS, FAILURES, OR PERFORMANCE ISSUES. Buyers should direct product liability claims to the original manufacturer.
8. Indemnification
You agree to indemnify, defend, and hold harmless Wagner Flow, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of any product
- Your violation of these Terms
- Your violation of any third-party rights
- Any claim that your use of products caused damage to a third party
9. Intellectual Property
All content on this Site, including text, graphics, logos, images, and software, is the property of Wagner Flow or its licensors and is protected by copyright and other intellectual property laws. Product names and logos of third-party manufacturers remain the property of their respective owners.
10. Governing Law and Disputes
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any dispute arising from these Terms or your use of the Site or products shall be resolved exclusively in the state or federal courts located in Texas. You consent to the personal jurisdiction of such courts.
11. Modifications
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.
12. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and Wagner Flow regarding your use of the Site and purchase of products.
14. Contact Us
For questions about these Terms, please contact us:
Wagner Flow Inc
Email: support@wagnerflow.com
Website: wagnerflow.com
By placing an order on wagnerflow.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
