Terms & Conditions of Sale (Effective 12/1/25)

Terms & Conditions of Sale (Effective: December 1, 2025)

This article summarizes key commercial rules from the official Whip Mix Terms & Conditions of Sale. It provides quick references, simple explanations, and FAQs so teams understand what to do — and why — without reviewing the full legal document. This summary does not replace the official Terms. The full legal PDF remains the controlling authority.

Quick‑Reference Summary

Topic	Summary
Currency & Pricing	All pricing is in USD and EXW (Ex Works) Seller’s facility. Dealer tiers apply. Prices may change without notice. See: Pricing, Quotes & Dealer Pricing
Minimum Order	Orders with a product total under $25 are subject to a service charge to bring the order up to the $25 minimum.
Risk of Loss (EXW)	Buyer assumes responsibility once goods are delivered to the carrier (when the shipment leaves the Whip Mix facility).
Tariffs & Taxes	Buyer pays all taxes, duties, tariffs, and broker fees. Seller may pass through new or increased tariffs.
Payment Terms	Approved credit terms are typically Net 30 after the invoice date unless otherwise stated in the order confirmation. See: Payment Terms & Late Fees
Late Fees	Past-due balances may be subject to a late fee of 1.5% per month or the maximum rate allowed by law, whichever is lower.
Cancellations	Orders cannot cancelled once the product is completed and ready for shipment. If an order is cancelled after production has begun but before it is ready for shipment, the Buyer is responsible for the portion of work completed plus reasonable expenses incurred before the cancellation request. See: Order Cancellation Rules
Returns (RMA Required)	Standard merchandise may be eligible for credit if it is less than one year from the original manufacturer's ship date. Gypsum, resin, and other chemical products may be eligible if they are less than three months from the original manufacturer's ship date. An RMA is required. See: Returns & RMA Process
Repairs	Diagnostic rate is $125/hour plus materials. Written approval is required before repair work begins, and payment is required before repaired items are shipped. Repairs are subject to component availability, and repair authorization may depend on the age of the unit. See: Repairs & Diagnostic Charges
Warranty	Warranty coverage varies by product and use. Unless otherwise stated, coverage is for the lesser of the product's returnable shelf life or two years from the date of original sale. Certain qualifying educational articulator and facebow sales have extended coverage. See: Warranty Coverage
Freight Claims	Buyer must file claims with the carrier for damage or loss within required timeframes (within 24 hours of delivery for visible damage; within 3 business days of receipt for damage found after opening). See: Freight Claims & Damaged Shipments
Freight Program	Freight support based on order weight for U.S. and Canadian dealers. Coverage ranges from 50% to 100% of base freight; fuel and accessorial charges still apply. See: Freight Program (Dealer Freight Support)
Shortages	Must be reported to Whip Mix within 3 business days of receipt (delivery).
Inspection Requirement	Buyer must inspect products within 3 business days of receipt (delivery).
Remedy Limitation	Available remedies depend on the situation and are limited by the Terms & Conditions of Sale.
Jurisdiction	Governed by Kentucky law. Disputes handled in Louisville, KY.

Frequently Asked Questions

Q: A customer’s order is under $25. What do I say?

A: Let the customer know there is a $25 minimum order requirement. If the order total is under $25, a service charge is applied to bring the order up to $25 minimum.

You can also offer to help the customer:

Add additional items to reach the $25 minimum and avoid the service charge, or
Proceed with the current order and accept the service charge

Q: A shipment arrived damaged. What do we do?

A: Claims for visible loss or damage should be filed with the carrier within 24 hours. Damage should also be noted on the Bill of Lading or Delivery Receipt at the time of receipt.

Q: Customer reports concealed damage after delivery. Is it valid?

A: Concealed damage must be reported to the carrier within 3 business days.

Q: Customer wants Whip Mix to cover freight for damage. What do I say?

A: Under EXW, transit risk is the Buyer’s responsibility; Whip Mix does not cover freight.

Q: Can we return chemicals?

A: Chemical products may be eligible for return for credit if they are less than three months from the original manufacturer's ship date and meet applicable RMA and return requirements.

Q: When is an RMA required?

A: An RMA is required before a product is returned to Whip Mix. The RMA process applies to credits, repair estimates, warranty repairs, and product testing.

Q: Customer wants compensation beyond repair/replacement. What do we do?

A: Escalate. Remedies are limited to repair, replacement, or credit only.

Q: Can an order be cancelled once it is completed and ready for shipment?

A: No. An order cannot be cancelled once the product is completed and ready for shipment.

Q: Can all equipment be repaired?

A: Not always. Repairs are subject to component availability, and Whip Mix may decline repair authorization based on the age of the unit.

Important Internal Reminders

EXW means transit risk is not Whip Mix’s responsibility.
Claims and shortages have strict 24‑hour and 3‑day reporting windows.
An RMA is required before before products are returned to Whip Mix for applicable credit, repair, warranty, or testing processes.
Warranty remedies are limited to repair, replacement, or credit.
Pricing may change without notice.
Do not promise credits or replacements until eligibility is confirmed.
If unsure, escalate before committing to the customer.

Full Legal Text

The complete Terms & Conditions of Sale (Effective December 1, 2025) are available in the official PDF found HERE. Refer to the PDF for full legal language and authoritative details.