Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.
2. Sales Tax
XLT charges sales tax on all orders unless buyer has submitted and XLT has accepted the appropriate sales tax exemption forms from the customer's respective states.
3. Payment and Credit Terms
XLT accepts Visa, MasterCard, and PayPal. For customers with established XLT credit, payment terms are net thirty (30) days from the date of shipment or pick‑up.
All credit extended by XLT to customer, and the limits of such credit, is at XLT’s sole discretion, and may be reduced or revoked by XLT at any time, for any reason.
XLT reserves the right to charge a convenience fee for late payments. XLT further reserves the right to charge customer a late payment fee at the rate of
one and one‑half percent (1‑1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under
applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. XLT shall have the right of set‑off and deduction for any sums owed
by customer to XLT.
If customer fails to make payment within thirty (30) days of shipment or pick‑up, or fails to comply with XLT’s credit terms, or fails to supply adequate assurance of full
performance to XLT within a reasonable time after requested by XLT (such time as specified in XLT’s request), XLT may defer shipments until such payment or compliance is made,
require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’
fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates.
Each of customer’s subsidiaries and affiliates purchasing from XLT will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such
subsidiaries and affiliates.
Customer agrees that any credit balance(s) issued by XLT will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND XLT SHALL HAVE NO FURTHER LIABILITY.
4. XLT Reserves the Right to Accept or Reject Any Order
5. Note to Federal Customers
XLT products are not offered through a GSA scheduled contract.
6. All Items Are Sold for Domestic Consumption in the United States
If exported, purchaser assumes full responsibility for compliance with US export controls.
A shipping and handling fee is charged on all orders unless waived by XLT.
Title and risk of loss pass to customer upon tender of shipment to carrier.
Shipping Policy Exceptions
Standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer.
Fuel surcharges may be applied.
XLT only accepts orders for shipments within the continental US, Alaska and Hawaii. Orders to international destinations will not be processed. XLT does not ship to PO Box addresses.
International Shipping is the responsibilty of the customer and they must make all arrangements.
3rd Party Shipping
Title and risk of loss pass to customer upon tender of shipment to carrier.
Return Policy, Limited Warranty and Limitation of Liability
1. 30-Day Satisfaction Guarantee
If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged).
Return documentation should clearly specify credit or exchange. Certain restrictions apply.
2. Business Customers’ Limited Warranty
XLT warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase.
Any product determined by XLT to be defective in material or workmanship and returned to XLT shipping costs prepaid will, at XLT option, be repaired or replaced or the purchase price refunded.
3. Warranty Disclaimer and Limitation of Liability
DISCLAIMER AND LIMITATIONS.
ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY.
XLT EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. XLT’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED,
THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
4. Manufacturer’s Warranty
For information on a specific manufacturer’s warranty, please contact XLT.
5. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose.
Certain products may not be available for sale in all areas. XLT does not guarantee compliance or suitability of the products it sells with any laws, codes or
regulations, nor does XLT accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application
and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
6. Cross-Reference Information
Product cross‑reference comparisons do not imply that products are available or perfectly comparable. CROSS‑REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS
FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross‑referenced product specifications prior to purchase and use to determine suitability of the product for
customer’s intended use.
1. Catalog/Website Information
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any XLT catalog, literature or websites does not constitute the right to
purchase products. XLT reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the XLT catalogs and websites. XLT reserves the right to cancel any and all orders resulting from such
pricing errors, even if customer has received an order confirmation from XLT.
2. Product Substitution
Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance
Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. XLT MAKES NO WARRANTIES AND EXPRESSLY
DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE
FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
4. California Proposition 65
Proposition 65. For products denoted with a symbol the following warnings apply:
- WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
- WARNING: This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
- WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
- WARNING: Cancer. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
- WARNING: Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
- WARNING: Cancer and Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
MSDS information is available upon request.
6. California, Louisiana, Maryland and Vermont Customers
Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.
7. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. XLT does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does XLT accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
8. Conflict Minerals Policy Statement
As many supply chain participants and others have acknowledged publicly, the Dodd-Frank Act1 created a new expectation for product manufacturers, which may be far removed from the source of the raw minerals in their products.
XLT is not a manufacturer. It distributes thousands of products that are manufactured by other companies located around the world.
XLT is committed to acting in a socially and environmentally responsible manner, to supporting the objectives of the Dodd-Frank Act, to meeting its customer commitments,
and to supporting its customers’ businesses.
Because of the complexity of many supply chains, especially those of distributors like XLT, and the lack of an established system for product manufacturers to track Conflict Minerals
back to their source, the joint efforts over an extended period by many governments, industry groups, and companies will be required to make it possible to effectively trace Conflict Minerals
back to their source.
This document sets forth the policy of XLT regarding Conflict Minerals.
As a responsible company, XLT supports the goal of the Dodd-Frank Act of preventing armed groups in the Democratic Republic of the Congo and adjoining countries from benefitting from the
sourcing of Conflict Minerals from that region.
As a distributor of thousands products manufactured by other companies located around the world, XLT is invariably many levels away from the beginning of the supply chain for the products it distributes.
This Policy shows XLT’s commitment and its expectations for the manufacturers of products XLT distributes regarding actions to address Conflict Minerals.
Not continue to source any product that contains Conflict Minerals if XLT determines the product is not DRC Conflict Free and the manufacturer fails to implement reasonable steps to transition to DRC Conflict Free sources.
Commitment to Responsible Sourcing:
XLT distributes thousands products that are manufactured by other companies located around the world.
XLT supports the humanitarian goals of the Dodd-Frank Act and encourages manufacturers of the products distributed by XLT to adopt that same policy for their businesses.
As a distributor of products manufactured by other companies, XLT does not directly purchase any raw Conflict Minerals from any source and is many levels removed from the mines, smelters, and refiners that produce the metals used in the products distributed by XLT.
The supply chain for Conflict Minerals is complex and lacks an established structure for manufacturers to trace the minerals in the finished goods distributed by XLT back to their source.
XLT’s Expectations for Manufacturers:
XLT has the following expectations for the manufacturers of products XLT distributes:
- Manufacturers should develop Conflict Minerals policies, due diligence frameworks, and management systems that are designed to prevent Conflict Minerals that are not DRC Conflict Free from being included in the products distributed by XLT; and
- Manufacturers are expected to source Conflict Minerals only from sources that are DRC Conflict Free.
In doing so, manufacturers are expected to:
- implement and communicate to their personnel and suppliers policies that are consistent with this Policy, and require their direct and indirect suppliers to do the same;
- put in place procedures for the traceability of Conflict Minerals, working with their direct and indirect suppliers as applicable;
- use reasonable efforts to source Conflict Minerals from smelters and refiners validated as being DRC Conflict Free, and require their direct and indirect suppliers to do the same;
- provide information, in a timely manner, concerning whether the manufacturer has concluded or has a reasonable basis to believe that products distributed by XLT are not DRC Conflict Free;
- maintain reviewable business records supporting the source of Conflict Minerals; and
- respond to requests for information concerning the origin of Conflict Minerals included in products distributed by XLT, which XLT shall be entitled to use or disclose in satisfying any legal or regulatory requirements or in any customer or marketing communications.
Manufacturers also are encouraged to support industry efforts to enhance traceability and responsible practices in Conflict Minerals supply chains.
Consequences of Manufacturer Non-Compliance
XLT reserves the right to evaluate the extent to which a manufacturer has failed to take adequate steps to manufacture DRC Conflict Free products.
In the event XLT determines that a manufacturer’s Conflict Minerals efforts have been deficient XLT may discontinue distribution of the manufacturer’s products.
XLT fully understands the importance of this issue to its customers and is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a DRC Conflict Free supply chain.
1. Intellectual Property
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by XLT, or any trademarks or service marks owned by suppliers to XLT. All materials contained on the www.XLT.com website are subject to the ownership rights of XLT and its suppliers. Customer shall have no right to copy or use any of the intellectual property of XLT or its suppliers without XLT’s permission.
2. Force Majeure
XLT shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of XLT in the conduct of its business.
Customer shall not assign any order, or any interest therein, without the prior written consent of XLT. Any actual or attempted assignment without XLT’s prior written consent shall entitle XLT to cancel such order upon notice to customer.
4. No Third Party Benefit
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
5. Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Texas, excluding its conflict of law rules, and venue shall either be in the state or Federal courts in Collin County, Texas.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
7. Modification of Terms
XLT’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of XLT’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of XLT’s terms and conditions by customer shall be binding upon XLT, unless agreed to in writing by an authorized representative of XLT. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in XLT’s acknowledgment, XLT’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by XLT of any of the terms and conditions contained herein or in XLT’s acknowledgment.
8. Complete Agreement
The terms and conditions in: (i) XLT’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and XLT.