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For further information, please contact Whitman Controls.
The Whitman Controls Toughsonic General Purpose and Chem ultrasonic sensor lines measure level and distance through the air using ultrasonic sound waves. They provide fast, reliable non-contact measurements at distances up to 50 feet (15.2 meters). These sensors can be used in liquid level and proximity sensing applications, with the Chem sensors allowing use in more rugged media such as chemicals.
ToughSonic General Purpose Technical Resources
WhitmanVIEW Sensor Software
WhitmanVIEW ultrasonic sensor configuration and analysis software is included with every Toughsonic Sensor, giving the end user total control over all sensor features and functions. Calibrate and optimize your sensor with a few keystrokes to yield better understanding and performance of your applications.
Our sensors can be installed and operated out of the box, but if you desire to make minor adjustments or change your sensor operation, WhitmanView provides the power to do it.
WhitmanVIEW provides an intuitive, MS windows interface for ease of understanding. Target Symbols, distance data, meter and switch symbols all show proportional, real-time measurements. Help tips are available by placing your mouse over any screen element or parameter.
WhitmanView can be downloaded directly here, or by following the Product Download link under "Additional Resources" on each sensor product page.
We are proud to supply a high-quality pressure switch, vacuum switch, and liquid level switch to customers regardless of their need for customization or order size. After over 40+ years in the commercial switch industry we are proud to back all of our products by a 3 year or million cycle warranty. Though many of our products last beyond this warranty, we will always make sure your part is replaced in a timely and friendly manner. We know that, after all, your business is important to our business.
WARRANTY
Whitman Controls warrants, to the original purchase, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for the following period:
Pressure, Vacuum, Liquid Level, Temperature, and Delta P Switch Products – For a period of 3 years after shipment thereof or one (1) million cycles, whichever occurs first.
Whitman Controls warranty extends only to products assembled by it and is, to the extent permitted by law, in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose and any prior written or oral representations regarding such products made by Whitman Controls, its employees, agents, or representatives.
Products, or components thereof, supplied by any other party to Whitman Controls which are not assembled by Whitman Controls are covered only by the individual warranty of such party and copies of such warranties will be furnished upon request.
Whitman Controls reserves the right to inspect products claimed defective under warranty either at the Purchaser’s location or at Whitman Controls’s headquarters in Bristol, CT. A defective product is not to be returned to Whitman Controls’s plant unless authorized by Whitman Controls. Products so returned shall be returned to Whitman Controls’s plant, freight prepaid. Any product proving defective due to faulty assembly within the warranty period will be replaced or repaired free of charge, F.O.B. Whitman Controls in Bristol, CT. Whitman Controls assumes no liability for labor charges incidental to the adjustment service, repairing, removal, or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to Whitman Controls’s prior written consent. Whitman Controls, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustments after inspection of the defective product by means of credit memorandum.
We can ship same day on all in-stock items.
Shop now1. Introduction
1.1 We are committed to safeguarding the privacy of Whitman Controls’s customers and web site visitors.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our customers; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can [specify whether you would like to receive direct marketing communications and limit the publication of your information]. You can adjust your privacy controls through your user profile (if applicable) or during order entry/checkout.[d1]
1.5 In this policy, "we", "us" and "our" refer to Whitman Controls. [For more information about us, see Section 13.]
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, pages viewed, search criteria, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Magento, Google Analytics/AdWords and Bing Pay Per Click. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent via acceptance of our privacy policy AND/OR placing an order on our website.
3.3 We may process your account data ("account data"). The account data may include your name, email address, company of employment, physical address, and company position. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate and propert administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.
3.5[d2] We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR posting information through our website.
3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent OR contact to a Whitman service representative.
3.7 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer and products you are interested in. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our customer relationships.
3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website] ("transaction data"). The transaction data may include your contact details, your card details, your lead time request date and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.10 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.13 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.14 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.ldrinvest.com.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose specify personal data category or categories to our suppliers, independent sales personnel or subcontractors identified at www.whitmancontrols.com insofar as reasonably necessary for sales and fulfilling customer orders.
4.4 Financial transactions relating to our website and services are OR may be handled by our payment services providers, Magento and PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4.5 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 We and our other group companies have offices and facilities in The United States and Canada. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.3 The hosting facilities for our website are situated in The United Stated. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.4 Out suppliers and subcontractors are situated in The United States, Canada, and The European Union. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) Personal data category or categories will be retained for a minimum period of 3 years following 1/1/2018, and for a maximum period of 5 following 1/1/2018.
6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data category will be determined based on continuing business need or need to fulfill recurring customer demand.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Amendments
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of changes OR significant changes to this policy by email.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting www.whitmancontrols.com when logged into our website.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us via phone, email or ground mail.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
10.1 We use cookies for the following purposes:
(a) authentication - we use cookies to identify you when you visit our website and as you navigate our website;
(b) status - we use cookies to help us to determine if you are logged into our website;
(c) Personalization - we use cookies [to store information about your preferences and to personalise the website for you.
(d) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
(e) advertising - we use cookies [to help us to display advertisements that will be relevant to you.
(f) analysis - we use cookies to help us to analyse the use and performance of our website and services.
(g) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
11. Cookies used by our service providers
11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.[ The relevant cookies are: [identify cookies].]
11.3 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies.] OR [We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website).] You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.[ The relevant cookies are: [identify cookies].]
11.4 We use Mail Chimp to help notify sales personnel of pending clients.
11.4 We use Bing PPC to track users who come in through pay per click campaigns.
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Whitman Controls.
13.2 We are registered in the United States in the state of Connecticut.
13.3 Our principal place of business is at 201 Dolphin Road, Bristol, CT
13.4 You can contact us:
(a) by post, to [the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
14. Data protection officer
14.1 Our data protection officer is the company Chief Operating Officer.
STANDARD TERMS AND CONDITIONS OF PURCHASE RELATING TO PRODUCTS MANUFACTURED BY WHITMAN CONTROLS CORPORATION
THESE STANDARD TERMS AND CONDITIONS OF PURCHASE ARE INCORPORATED INTO PURCHASER'S ORDER, AND IN ADDITION TO ANY OTHER TERMS CONTAINED IN THE ORDER SHALL EXCLUSIVELY GOVERN PURCHASER'S ORDER. WHITMAN CONTROLS CORPORATION HEREBY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY PURCHASER AT ANY TIME IN ANY PROPOSAL, QUOTATION, ACKNOWLEDGEMENT, ACCEPTANCE, INVOICE OR OTHER DOCUMENT IN WHATEVER FORM PRESENTED BY PURCHASER AND ANY SUCH ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY PURCHASER SHALL BE VOID AND SHALL NOT FORM A PART OF THE AGREEMENT BETWEEN THE PARTIES FOR THE SUPPLY OF PRODUCTS UNLESS EXPRESSLY AGREED UPON BY WHITMAN CONTROLS CORPORATION BY INCORPORATION IN THE ORDER.
GENERAL
The following terms and conditions shall constitute the entire agreement for the purchase and sale of Whitman Controls’s products. Any acceptance contained herein is made expressly conditional upon the Purchaser’s assent to the terms which are different from, in addition to, or vary from the terms contained in the Purchaser’s purchase order or request for quotation. Such assent shall be deemed to occur upon the failure of the Purchaser to object in writing to such term or terms within 14 days from the receipt hereof. Any terms and conditions contained in the Purchaser’s purchase order or request for quotation which are different from, in addition to, or vary from Whitman Controls’s Terms and Conditions shall not be binding upon Whitman Controls, and Whitman Controls hereby objects thereto, unless such Terms and Conditions have been expressly agreed to in writing by both parties.
CHANGES
Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that Whitman Controls receives written notice of the desired changes and accepts the same, and provided further that the Purchase accepts the additional charge therefor as determined by Whitman Controls. Changes which interfere with or alter Whitman Controls’s production schedules will not be acceptable unless the time for performance is extended for such period as deemed necessary by Whitman Controls. Failure of Whitman Controls to accept a Purchaser’s request to change its purchase order shall not be cause for Purchaser’s cancellation of its order except upon payment of a cancellation charge to be determined by Whitman Controls.
CANCELLATION
Whitman Controls shall have the absolute right to cancel this agreement upon breach thereof by the Purchaser, failure by the purchaser to make any payment required by this Agreement, or the insolvency or bankruptcy of the Purchaser.
A purchase order or any part thereof which is herby accepted by Whitman Controls may not be cancelled unless and until Whitman Controls receives written notice of the cancellation, has determined the additional charge to be made, and the same has been accepted and paid by the Purchaser. Upon Receipt of a notice of cancellation, Whitman Controls shall be entitled to take whatever action it deems necessary and advisable to minimize cancellation charges.
WARRANTY
Whitman Controls warrants, to the original purchase, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for the following period:
Pressure, Vacuum, Liquid Level, Temperature, and Delta P Switch Products – For a period of 3 years after shipment thereof or one (1) million cycles, whichever occurs first.
Whitman Controls warranty extends only to products assembled by it and is, to the extent permitted by law, in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose and any prior written or oral representations regarding such products made by Whitman Controls, its employees, agents, or representatives.
Products, or components thereof, supplied by any other party to Whitman Controls which are not assembled by Whitman Controls are covered only by the individual warranty of such party and copies of such warranties will be furnished upon request.
Whitman Controls reserves the right to inspect products claimed defective under warranty either at the Purchaser’s location or at Whitman Controls’s headquarters in Bristol, CT. A defective product is not to be returned to Whitman Controls’s plant unless authorized by Whitman Controls. Products so returned shall be returned to Whitman Controls’s plant, freight prepaid. Any product proving defective due to faulty assembly within the warranty period will be replaced or repaired free of charge, F.O.B. Whitman Controls in Bristol, CT. Whitman Controls assumes no liability for labor charges incidental to the adjustment service, repairing, removal, or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to Whitman Controls’s prior written consent. Whitman Controls, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustments after inspection of the defective product by means of credit memorandum.
DELAYS
Whitman Controls shall not be liable for damages for delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, fires, floods, storms, and other acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation, and failure of performance of subcontractors and/or suppliers for similar reasons. Failure of Whitman Controls to perform for these reasons aforesaid shall not be grounds for Purchaser’s cancellation of its order but the delivery date shall be extended accordingly.
LIMITATION OF LIABILITY
No claim made hereunder by the Purchaser, whether as to goods delivered or for non-delivery shall be greater than the purchase price of the goods in respect to which such claim is made, and Whitman Controls shall under no circumstances be liable for consequential damages.
LIMITATION OF APPLICATION LIABILITY
Whitman Controls assumes the buyer to be expert in his or her intended application of Whitman Controls products. Whitman Controls claims no special expertise in the application of its products in the buyer’s equipment. Whitman Controls accepts no responsibility for the buyer’s selection and use of Whitman Controls’s products. Buyer’s interpretation and implementation of application suggestions and recommendations by Whitman Controls, general or specific, transmitted verbally or in writing, published or unpublished, is strictly at the buyer’s own risk.
MISCELLANEOUS
This agreement may not be assigned or otherwise transferred by Purchaser without the prior written consent of Whitman Controls, and any such assignment or transfer without such prior written consent shall be null and void and of no force or effect whatsoever.
Whitman Controls’s failure to insist, in one or more instances, upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of its right to such performance of such term or terms and Purchaser’s obligation with respect thereto shall continue in full force and effect.
Any notice or other communication required or permitted hereunder shall be sufficient given if sent in writing by registered ore certified mail, postage prepaid, to the other party thereto at its respective address first above written. Any such notice, if so mailed, shall be deemed to have been received on the third business day following such mailing. Either party hereto may change its address for notice purposes by written notice to the other party.
The paragraph headings in this Agreement are used for convenience only. They form no part of this Agreement and are in no way intended to alter or affect the meaning of this Agreement.
This Agreement may be amended at any time by mutual agreement of the parties hereto by an endorsement of this Agreement signed by each of the parties.
The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions.
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut.
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
All reasonable legal and collections costs will be charged to the customer if referred for collection.
TAXES
All applicable federal, state, or local sales, use, or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the front side of this document unless otherwise specifically stated. Whitman Controls shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
PAYMENT TERMS
NET 30 DAYS. If payment has not been received within 60 days of invoice date, future orders may be shipped Collect on Delivery (C.O.D.).
F.O.B. – Shipping Point unless otherwise stated.
CE Cert
REACH Compliance
ISO 9001
UL Listed
RoHS Compliance
