Terms of Use

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on HO Bostrom's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on HO Bostrom's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by HO Bostrom at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on HO Bostrom's web site are provided "as is". HO Bostrom makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HO Bostrom does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall HO Bostrom or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on HO Bostrom's Internet site, even if HO Bostrom or a HO Bostrom authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on HO Bostrom's web site could include technical, typographical, or photographic errors. HO Bostrom does not warrant that any of the materials on its web site are accurate, complete, or current. HO Bostrom may make changes to the materials contained on its web site at any time without notice. HO Bostrom does not, however, make any commitment to update the materials.

6. Links

HO Bostrom has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HO Bostrom of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

HO Bostrom may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to HO Bostrom's web site shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Purchase Terms and Conditions of Use

(As used herein vendor is called "Seller" and H.O. Bostrom Co., Inc. and its successors and assigns is called "Buyer")

THIS ORDER IS PLACED BY BUYER SUBJECT TO THE TERMS, CONDITIONS AND INSTRUCTIONS HEREIN, AND BY ACCEPTING THIS ORDER, SELLER AGREES TO BE BOUND THEREBY. NO ADDITIONS OR MODIFICATIONS WILL BE BINDING UPON BUYER UNLESS AGREED TO IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF BUYER. SPECIFICATIONS, DRAWINGS AND DATA SUBMITTED TO SELLER WITH THIS PURCHASE ORDER ARE HEREBY INCORPORATED AND MADE A PART OF THIS ORDER. PERFORMANCE BY SELLER, IN WHOLE OR IN PART, SHALL BE DEEMED ACCEPTANCE OF THESE TERMS.

Unless Buyer receives in writing or by facsimile from Seller, within 24 hours after Buyer's transmittal, the Seller's notice of rejection, Seller shall be deemed to have accepted the order on its terms.
Ship least expensive way, unless otherwise specified on face hereof.
Excess unauthorized shipments and shipments arriving in advance of scheduled delivery date may be returned at Seller's risk and expense.
No charges of any kind, including charges for boxing, crating, carting or storage, will be allowed unless specifically agreed by Buyer in writing on face hereof.
Mail separate invoices for each shipment to H. O. BOSTROM CO., INC., 818 Progress Avenue, Waukesha, WI 53186 Attn: Accounts Payable

Conditions of Purchase

General. These terms and conditions (a) shall be deemed to be exclusive and complete, (b) shall not in any way be modified or waived, except by agreement in writing by a duly authorized representative of Buyer and (c) with the word "items" herein insofar as applicable refer to goods and/or services furnished under this order. Time and rate of delivery of work is of the essence of this order. This order is subject to termination, free of any claim or liability against Buyer for Seller's failure to deliver on schedule.
Payment. The terms of payment are net cash within forty-five (45) days from the later of the date on which the invoice is received by Buyer or the date on which the invoiced items are received. Delay in receiving invoices, also errors and omissions on invoices, will be considered just cause for withholding payment without losing cash discount privileges. Seller certifies that at the time of its acceptance of this order, the prices stated herein are not in excess of the price currently being charged by Seller to other customers for the same or smaller quantities of like goods or services with similar delivery or performance schedules.
Changes. Buyer shall have the right to make changes in this order including to the shipping schedule. If any such change causes an increase or decrease in the cost of or the time required for performance of this order, an equitable adjustment shall be negotiated in the contract price or performance schedule or both. Any claim by Seller for adjustment hereunder shall be deemed waived unless asserted in writing within thirty days from receipt by Seller or notice of the change. Seller shall implement such changes upon receipt of Buyer's written notice of change.
Packing, Marking and Shipping. Shipments shall be routed in accordance with Buyer's instructions, and Seller agrees to reimburse Buyer for all expense incurred by Buyer as a result of improper packing, marking or routing. Buyer's purchase order number, part number, and Seller's shipment identification (SID) number will appear on each package and bill of lading. Goods for two or more of Buyer's locations will be shipped in separate packages for the different locations. Shipments in excess of those authorized may be returned to Seller, and Seller shall pay the transportation charges both ways for such shipments. Buyer may from time to time change shipping schedules previously furnished Seller, or direct temporary shipments. Buyer's count will be accepted as final on all shipments.
Delays. Seller shall not be liable for delays or defaults in furnishing goods or the services hereunder, and the Buyer shall not be liable for failure to accept goods or services hereunder, if such delays or failure on the part of either are due to causes beyond the control and without the fault or negligence of Seller in furnishing goods or services, or of Buyer in accepting goods or services, including acts of God or of a public enemy, acts of the government of the United States or any state or political subdivision thereof, fires, floods, explosions, or other catastrophes, labor disturbances, freight embargos, or delays of a supplier due to such causes. In cases of Seller's delays as provided for in this paragraph, Buyer reserves the option to terminate this order without penalty after sixty (60) days from the delivery date set forth herein upon written notice to Seller. In the event of a delay due to the fault or negligence of Seller, Buyer at its option may either approve a revised delivery schedule or terminate this order without further liability to Seller.
Risk of Loss. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Buyer and delivery shall be deemed to be complete only upon actual receipt and acceptance of the items by Buyer. Risk of loss or damage as to items rejected by Buyer or as to which acceptance has been revoked shall be upon Seller.
Taxes. Buyer will not pay Seller any state or local sales, use, or similar tax unless Seller is required by law to collect such taxes from Buyer. Federal excise taxes charges to Buyer shall be separately stated or it shall be indicated as being included in the unit price. Seller agrees that no tax for which an exemption is indicated hereon or otherwise by Buyer is or will be included in the prices stated hereon, nor will they be subsequently charged. Seller agrees to pay any and all personal property and/or ad valorem taxes assessed or otherwise levied against any property placed in the hands of Seller by Buyer for the purpose of fulfilling this purchase order.
Warranty and Indemnity. Seller warrants to Buyer, its successors, assigns, customers and users of its products that all goods and services covered by this order shall conform to the specifications, drawings, samples or other description upon which this order is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from defect, whether patent or latent, in design, material and workmanship. Any replacement parts and materials or corrections to workmanship are additionally warranted against defects. Seller shall to the furthest extent provided by law indemnify and hold harmless Buyer, its successors, assigns and customers, from and against claims, liability, loss and damage, including without limitation, costs, expenses, and attorneys' fees, arising out of or relating to this order or the items or services furnished hereunder, or any litigation based thereon. Seller shall further indemnify and hold harmless Buyer, its successors, assigns and customers from and against any and all liens upon the premise of Buyer or its customers including without limitation, liens for labor performed and material furnished, attaching as a result of any act or omission by Seller or its subcontractors, and Seller shall also at its own expense procure the discharge, release or satisfaction of any and all notices of intention or other evidence of such lien or claim thereto. Seller has obtained, or will obtain, such public liability, property damage, employee's liability and compensation insurance as will protect Buyer from all of the aforesaid risks and from any applicable Workers’ Compensation and Occupational Disease Acts.
Nonconformity. All items ordered will be subject to inspection and approval, at Buyer’s election, by Buyer or its customer, at Seller’s plant or other Buyer-designated location or, if services, at the site of such services. Seller agrees to promptly replace or correct defects of any goods or services not conforming to the foregoing warranty, without expense to Buyer, when notified of such nonconformity by Buyer. In the event Seller fails to promptly correct defects in or replace nonconforming goods, Buyer, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for costs of materials, labor, transportation or other costs incurred by Buyer. In addition to any other remedies it may have, Buyer may reject nonconforming goods and return them to Seller at Seller's expense, or to hold such items for Seller's instructions, at Seller's risk and expense or, in the case of services, to have such services performed anew by Seller at no cost or expense to Buyer, such nonconforming items not to be replaced or re-performed without authorization from Buyer.
Recall or Repair Campaign. In the event it is determined that a product of Seller purchased hereunder creates or contributes to a vehicle repair campaign or safety recall due to a vehicle defect, or noncompliance with the National Motor Vehicle and Traffic Safety Act, Seller shall pay the cost of repair or recall and correction, including labor, based upon Seller's proportionate responsibility for the defect or noncompliance. This section shall not limit Seller's liability under other provisions hereof.
Patent, Trademark or Copyright Protection. Seller warrants that the goods sold hereunder will not infringe on any U.S. or foreign patent, trademark or copyright. Seller shall indemnify and hold harmless Buyer, its successors, assigns and customers from and against claims, liability, loss and damage, including without limitation, costs, expenses, and attorneys' fees arising out of or relating to any claim of patent, trademark or copyright infringement of or in any way related to the items or parts thereof, furnished hereunder or any litigation based thereon. In addition, Seller shall procure at Seller's expense for Buyer the right to continue using the items or parts found to have been infringing or shall so modify, supplement or replace such items and parts as to eliminate such infringement; provided, however, that there shall be no performance degradation due to such actions.
Certain Litigation. If requested to do so, Seller shall defend, at its own expense, any litigation for which Seller is required to indemnify Buyer hereunder. Buyer shall have the right to participate in such defense with counsel of Buyer's own choice at Seller's expense and, if Seller shall fail to promptly assume the defense of such litigation when requested to do so by Buyer, Buyer may defend with counsel of its own choice at the expense of Seller.
Use and Protection of Information. Seller shall secure written approval from Buyer before any specifications, records, drawings, data, computer programs, program documentation, or any other technical information relating to this purchase order (other than relating to Seller's own standard commercial items) are released to anyone other than those requiring the information for the performance of the work under this purchase order. Seller shall keep confidential all information, drawings, specifications, data or any other details furnished by Buyer or prepared by Seller specifically in connection with this purchase order, and shall be returned to Buyer at its request. Any knowledge of information concerning the design, manufacture, sale or use of the items covered by this order which Seller may disclose to Buyer incident to the performance, manufacture or delivery of items covered by this order shall be deemed to have been disclosed as a part of the consideration for this order and to be free from all restrictions as to the use or disposition thereof by Buyer, and Seller agrees not to assert any claim against Buyer by reason of Buyer's use or disposition thereof.
Property Supplied by Buyer. Buyer shall retain title to any drawings, sketches, designs, patterns, dies, molds, tooling, equipment and materials of every description paid for or supplied by Buyer for use in the performance of this order. Any such articles shall be retained by Seller on consignment, suitably identified as Buyer's property. Seller shall hold and maintain any such articles at its risk and expense, shall keep such articles insured at its expense while in its custody or control in an amount equal to the replacement cost thereof, with loss payable to Buyer, and shall not use such articles except in filling Buyer's orders. All such articles shall be delivered to Buyer upon demand, in the same condition as when received, except for reasonable wear and tear, and except to the extent such articles have been incorporated into items delivered to Buyer, or consumed in the normal performance or work for Buyer.
Work on Buyer's or its Customers' Premises. If Seller's work under this order involves operations by Seller on the premises of Buyer or one of its customers, Seller shall take all necessary precautions to prevent the occurrence of any injury to persons or property growing out of the performance of this order, and to pay Buyer's cost and expenses in connection with any thereof. Seller shall maintain such public liability, property damage, and employer's liability and worker's compensation insurance as will protect Buyer from said risks and from any claims under any applicable worker's compensation, occupational disease, or similar act. Seller shall furnish certificates of insurance to Buyer at Buyer's request.
Relationship. Neither Seller nor its subcontractors, or the employees or agents of any of them, shall be deemed to be Buyer's employees or agents, it being understood that Seller and its subcontractors are independent contractors for all purposes and at all times, and Seller shall be wholly responsible for withholding or payment of all Federal, State and local income and other payroll taxes with respect to its employees including contributions from them as required by law.
Termination at Option of Buyer. At its option, Buyer may terminate all or a part of the work under this purchase order. In such case, Buyer shall have no liability with respect to goods or components procured, or work done, or supplies partially fabricated in excess of authority contained in this order or in any shipment release and issued to Seller pursuant hereto. Any items shipped or services performed after the effective date of such termination may, at the sole option of Buyer, be accepted by Buyer under this order or be returned to Seller at the risk and expense of Seller. In no event shall Buyer be liable for prospective or any anticipated profits by reason of such termination.
Termination Upon Default of Seller. Buyer may, without cost or liability to it, except for deliveries or services previously made and accepted, terminate this order if one or more of the following events shall occur: (a) failure of Seller to perform any of its obligations under this contract, (b) Seller's failure to conduct its operations in the normal course of business (including inability to meet its obligations as they occur) or any adverse change in the position, financial or otherwise, of Seller, or (c) the appointment of a receiver or application for a receiver for Seller, an assignment by Seller for the benefit of creditors, the insolvency of, or the filing of a petition under any federal or state bankruptcy or insolvency laws by or against Seller. In any termination permitted in this section, Seller shall be responsible for any damages suffered to Buyer, its successors, assigns or customers
Remedies. The remedies expressly provided for in these conditions shall be in addition to any other remedies that Buyer may have under the Uniform Commercial Code or other applicable law.
Set-Off. Buyer shall be entitled at all times to set-off any amount owing from Seller to Buyer or any of its affiliated companies against any amount payable in connection with this contract by Buyer.
Compliance with Certain Laws. Seller agrees to comply with all applicable federal, state and local laws and to indemnify Buyer against all liability for Seller's failure to comply. Seller certifies to Buyer that the items purchased hereunder were produced or performed in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended. Seller shall comply, unless this transaction is exempt under applicable regulations, with all provisions of Section 202, Part II of Executive Order 11245, as amended, and with the relevant orders of the Secretary of Labor relating to Equal Employment Opportunity, the Vietnam Era Veterans Readjustment Assistance Act of 1974, and Section 503 of the Rehabilitation Act of 1973 relating to handicapped persons, and clauses thereby required are incorporated herein by reference. If this order is subject to government contracting mandates, we will so state on the face hereof, and if so stated, as a condition to the effectiveness of this order, Seller agrees to certify to Buyer, by separate writing, that it complies with all government contracting requirements applicable to Buyer, Seller and the goods.
Arbitration Law. Any controversy or claim arising out of or relating in any way to this contract or the breach thereof, shall be settled by arbitration in Milwaukee, Wisconsin in accordance with the rules of the American Arbitration Association and judgment upon any award thereon may be entered in any court having jurisdiction thereof. This order shall be governed by the laws of the State of Wisconsin, including the Uniform Commercial Code, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods, and excluding Wisconsin law with respect to conflicts of law. Further, if any action or proceeding is commenced to enforce its rights or remedies herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred therewith.
Miscellaneous. Assignment of this order or of any interest herein, or of any payment due hereunder, without the prior written consent of Buyer, shall be void. Buyer's failure at any time to enforce any of the provisions of this purchase order herein provided, will in no way be construed to be a waiver of such provisions, rights, or options or in any way to affect the validity of this contracts. Any provision of this contract which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining portions hereof. The obligations of Seller under this contract shall survive any inspection, delivery, acceptance or payment of and for the items. Paragraph headings are for purposes of convenience only and are not intended to form a part nor to be used for purposes of interpretation of the text hereof.
Software. (a) Seller grants to Buyer a non-exclusive royalty free perpetual license to use any standard software provided by Seller hereunder. Buyer shall not be bound by the terms and conditions that may be contained in Seller's forms. (b) Seller grants to Buyer an unlimited, exclusive and perpetual license to use, modify and sublicense any custom software provided by Seller hereunder on behalf of Buyer and its customers.
Limit of Liability. In no event will Buyer be liable to Seller, or any third party on behalf of Seller, for any loss profit, loss of goodwill, or any incidental, consequential, special, indirect or punitive damages of any kind arising out of this agreement or any order by Buyer from Seller pursuant to this agreement.
Hazardous Materials. Seller shall notify Buyer of all "hazardous materials" (as that term is defined in applicable Federal, state and local statutes) which are contained in the products. Seller shall furnish Buyer with copies of all applicable "material safety data sheets" for products no later than the shipment date under this order.
Quality Assurance. Seller shall qualify as an acceptable vendor in compliance with the requirements of Buyer's applicable supplier quality assurance program within a reasonable time after Buyer issues Buyer's initial order for products.
Electronic Date Interchange. If Buyer and Seller use Electronic Data Interchange for order processing, all transactions shall be in accordance with Buyer's Electronic Data Interchange Users Manual.
Survival. Buyer and Seller hereby covenant and agree that each term and condition contained herein (including all indemnification obligations and limitation of liability) shall survive termination of this agreement.
Authority and Binding Agreement. By signing below, whether electronically or manually, the undersigned hereby warrants and represents that he or she has the authority to execute and bind the Seller to this Agreement, and upon execution by the undersigned, this Agreement shall be legally binding on Seller.