1. Acceptance of Terms
All sales by Public Works Marketing & Leasing, Inc. (“PWML”) are made subject to the following Terms of Sale. By placing an order, the customer acknowledges and agrees to these terms.
2. Transfer of Ownership and Responsibility
Title and risk of loss transfer to the customer immediately upon delivery to the carrier, customer, jobsite, or designated receiving location, whichever occurs first. Once delivered, PWML is not responsible for loss, theft, damage, improper storage, or misuse of the product.
3. Product Use and Safety
PWML supplies products intended for use by trained professionals in accordance with applicable laws, regulations, and manufacturer guidelines. The customer is solely responsible for:
• Proper installation, deployment, and maintenance of all products
• Ensuring compliance with local, state, and federal requirements
• Safe and appropriate use of the product in the field
PWML is not liable for injuries, damages, citations, or claims arising from improper use, installation, or handling of any product.
4. Warranty
PWML does not manufacture the products it sells. All warranties, if any, are limited to the manufacturer’s written warranty. PWML makes no independent warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
5. Limitation of Liability
To the fullest extent permitted by law, PWML’s liability is strictly limited to the replacement or refund of the specific product purchased. PWML is not liable for:
• Incidental, indirect, or consequential damages
• Labor costs, downtime, or project delays
• Loss of revenue, penalties, or liquidated damages
• Claims arising from customer modifications, misuse, or failure to follow instructions
Under no circumstances shall PWML’s total liability exceed the amount paid for the product giving rise to the claim.
6. Returns and Exchanges
Returns require prior written authorization from PWML. Returned items must be unused, in original condition, and may be subject to restocking fees. Custom, special‑order, or modified items are non‑returnable.
7. Pricing and Payment Terms
Prices are subject to change without notice. Payment terms are as stated on the invoice or quote. Late payments may incur finance charges. PWML reserves the right to withhold shipments on delinquent accounts.
8. Freight and Delivery
Shipping dates are estimates only. PWML is not responsible for carrier delays, freight damage, or additional charges incurred after shipment. Claims for freight damage must be filed directly with the carrier.
9. Governing Law
These Terms of Sale are governed by the laws of the State of California.
