Terms of Sale and Use

1.Definitions

In these Terms and in every policy on the Site:

• "Wire Wombat", "we", "us" and "our" mean Groundworks Supply LLC, doing business as Wire Wombat.
• "Site" means wirewombat.com and every page, feed and form on it.
• "Buyer", "you" and "your" mean the person or business that uses the Site or places an Order.
• "Order" means a purchase placed through the Site's checkout or through the payment link on a quote.
• "Products" means the wire, cable and related goods offered on the Site.
• "Cut Product" means wire or cable cut to the length you enter. "Made to Order Product" means a Product produced for your Order, such as a striped color. "Stock Product" means a full spool, reel or box in the manufacturer's put-up.
• "Supplier" means the manufacturer or distribution partner that stocks, cuts and ships the Products for your Order.
• "Policies" means Shipping and Delivery, Returns and Refunds, Payment, Pricing and Sales Tax, Cut to Length and Special Orders and Warranty and Product Information.

2.Who may order

You must be 18 or older and able to enter a binding contract. If you order on behalf of a business, you confirm that you are authorized to bind it to these Terms.

The Site sells to contractors, businesses and individuals in the United States. No account is needed to order.

3.Orders and acceptance

Every Order you place is an offer to buy the Products in it at the prices shown at checkout. We accept the offer when we send the order confirmation by email. Until then no contract exists, and we may decline or limit an Order for any lawful reason.

We may cancel an accepted Order, in whole or in part, when a Product is no longer available from the Supplier, when the price or description was in error (section 5), when the Order cannot be shipped to the address given (see Shipping and Delivery), when a payment is reversed or suspected to be fraudulent, or when the Order breaches these Terms. Any amount we hold for a declined or canceled Order, or for the canceled part of it, is refunded in full to the original payment method.

Each Order gets a Wire Wombat order number. Quote it in every message about the Order.

4.Quotes

A quote we send you is an offer to sell the quoted Products at the quoted prices, on these Terms, for the period stated on the quote. Quoted prices are not held after that period, and we may withdraw or correct a quote before it is accepted.

A quoted Order is placed when you pay through the payment link on the quote. It is then handled like any other Order.

Products marked price on request are sold by quote only. Quantities over 2,500 ft on one line and carts over $5,000 can be quoted, often at a better price than the Site shows.

5.Prices and pricing errors

Prices are in US dollars and exclude shipping and any applicable sales tax, both of which are shown before you pay. Prices are reviewed every week and may change without notice. The price you pay is the one shown at checkout when you place the Order. Where a product page shows lower per foot prices for longer lengths, they apply to the length of one line of the Order, not to the Order as a whole.

Despite our checks, a price or description on the Site, in a feed or in an email may be wrong. Where an Order was placed at an obviously incorrect price, or for a Product whose description was materially wrong, we may cancel the Order before it ships and refund it in full, or offer you the Product at the correct price and cancel if you decline. We are not bound to sell at an incorrect price.

How prices, taxes and charges are applied is set out in Payment, Pricing and Sales Tax.

6.Payment

Every Order is paid in full at checkout by card, before we place it with the Supplier. We do not offer purchase orders, net terms, invoicing or cash on delivery, and we do not ship against a purchase order. Quotes are paid the same way, through the payment link on the quote. The accepted cards, the order minimum and how the charge appears on your statement are in Payment, Pricing and Sales Tax.

7.Shipping, title and risk of loss

Products ship as set out in Shipping and Delivery. Ship dates on the Site are our best estimate for an Order placed at that moment and are not guaranteed. We are not liable for delay caused by the carrier, the Supplier, weather, or any event outside our reasonable control, and such delay does not entitle you to cancel a Cut Product or a Made to Order Product.

Title to the Products and risk of loss pass to you on delivery to the shipping address. We file any claim with the carrier or the Supplier for loss or damage in transit, provided you report it within the window and in the way set out in Returns and Refunds.

8.Cut Products, Made to Order Products and returns

Wire and cable cut to your length, and Products made for your Order, cannot be resold and are final sale. Stock Products may be returned only as set out in Returns and Refunds. Shortages, wrong items and damage are handled as set out there. The cutting rules are in Cut to Length and Special Orders.

9.Product information and code compliance

Specifications, listings, ratings and ampacities on the Site are given as the manufacturer states them for the Product we ship. Where a Supplier may substitute an equivalent manufacturer, the product page says so. Photographs are representative of a product family, not of a specific reel.

You are responsible for selecting the right Product for your application and for its installation. Nothing on the Site is a determination that a Product meets the National Electrical Code, a local code, a utility requirement or the specification of your project. The reference charts and calculators are provided for information and must be checked against the current code and the authority having jurisdiction. Electrical work should be done by a qualified person. See Warranty and Product Information.

10.Warranty

Products carry the manufacturer's warranty, where one is offered, and no other. Wire Wombat gives no warranty of its own and, to the fullest extent the law allows, disclaims every implied warranty, including merchantability and fitness for a particular purpose. The full statement is in Warranty and Product Information.

11.Limitation of liability

To the fullest extent the law allows, our total liability arising out of or connected with an Order, the Products in it or the Site, whether in contract, tort (including negligence), strict liability or otherwise, is limited to the amount you paid us for that Order.

We are not liable for indirect, incidental, consequential, special or punitive damages, or for lost profit, lost business, lost time, labor costs, cost of removal or reinstallation, or project delay, even if we were told they were possible. The remedies in Returns and Refunds and Warranty and Product Information are your sole remedies.

Nothing in these Terms limits any right the law gives you that cannot be limited by agreement.

12.Indemnity

You will defend, indemnify and hold harmless Wire Wombat, its owners, officers, employees and Suppliers from any claim, loss, damage, liability and expense (including reasonable attorneys' fees) arising out of your selection, installation, use or resale of the Products, your breach of these Terms, or your violation of any law or of a third party's rights.

13.Use of the Site and intellectual property

You may use the Site to browse, price and buy Products. You may not use it for anything unlawful, interfere with it, probe or load-test it, or copy, scrape or republish its content, prices, product data or images for another business. The Wire Wombat name, logo and marks belong to us; manufacturer names and marks belong to their owners and are used only to identify Products.

The Site may link to other websites, including manufacturer and carrier sites. We are not responsible for their content or practices.

14.Export and trade compliance

We ship only to addresses in the lower 48 states. Products are sold for use in the United States. If you export or re-export them, you do so at your own risk and must comply with United States export control and sanctions laws. You confirm that you are not a person, and not acting for a person, to whom United States law prohibits sale.

15.Governing law and venue

These Terms, the Policies and every Order are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. Any dispute arising out of or connected with them is decided exclusively in the state courts of Wyoming sitting in Sheridan County, and you consent to the jurisdiction and venue of those courts.

16.Resolving a problem

If something is wrong with an Order, write to sales@wirewombat.com or call (509) 303-4726 first, with the order number. Most problems are a shortage, a wrong color or transit damage, and those are resolved under Returns and Refunds within a few business days. Please contact us before disputing a charge with your card issuer, so we can put it right or refund you directly.

If we cannot resolve a dispute between us, section 15 applies.

17.General

These Terms and the Policies are the entire agreement between you and Wire Wombat for an Order. Terms printed on your purchase order or other document do not apply, even if we acknowledge that document. If any part of these Terms is held unenforceable, the rest stays in force. Our not enforcing a term is not a waiver of it. You may not assign an Order without our written consent.

We may update these Terms and the Policies at any time by posting the new version on the Site. The version posted when you place an Order applies to that Order.

Notices to us go to sales@wirewombat.com, or by mail to Groundworks Supply LLC, 30 N Gould St, Sheridan, WY 82801. Notices to you go to the email address on your Order.