Who we are
Wessels offices and worldwide sales are headquartered in Greenwood, Indiana, a suburb just south of Indianapolis. Our adjacent 110,000 square foot facility is responsible for the manufacture of tanks up to 36 inches in diameter with a variety of available lengths. In 2007, we expanded our operations to Tiffin, Ohio, and formed Wessels East, our large tank division.
Wessels East houses a 60,000 square foot manufacturing space with a 25-ton bridge-crane capacity and highly skilled, custom fabricators and engineers. The structure of the facility allows for easy railway access and a focus on large scale custom tanks and vessels. Wessels East is capable of building vessels up to 12 feet in diameter and up to 50 feet in length. With the addition of this new facility, we’re proud to offer best in class lead-times and the flexibility to service a wide range of customer demands.
Wessels is owned by parent company NM Group Global LLC (NMGG). NM Group Global is a holding company for a growing group of companies which share several common traits; namely, engineered metal products or equipment with value added in design, manufacturing and marketing. For more information about NM Group Global please visit www.NMGroupGlobal.com.
What personal data we collect and why we collect it
User-entered contact information including first and last names, affiliated company information, addresses, phone numbers and e-mails are required to place orders.
We collect such Non-personal and Personal Information for the following purposes:
- To provide and operate the Services;
- To provide our Users with ongoing customer assistance and technical support;
- To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
- To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
- To comply with any applicable laws and regulations.
Who we share your data with
Data concerning orders and order history are held internally and may be shared with our parent company NM Group Global LLC (NMGG).
What rights you have over your data
If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
Your Acceptance of Contract Terms
Changes in Terms and Conditions
The Wessels Company Standard Terms are effective as of the “Terms and Conditions Version Date” set forth below. We reserve the right to change the Wessels Company Standard Terms at any time by providing notice to you. That notice will be given by one or more of the following: (i) providing you with an electronic notification through our website, by e-mail or other means of electronic communication or through any of our e-commerce or mobile applications, or (ii) making a revision to the Wessels Company Standard Terms and changing the version date shown below. By clicking the “I agree” button in connection with an electronic notification of a change, by using any of any of the Wessels Company Properties, or by purchasing a Product from and after the new version date, you signify your acceptance of the revised Wessels Company Standard Terms. The Wessels Company Standard Terms shall not be changed, supplemented or interpreted by any course of dealing between the parties and they shall not be interpreted against us because we have drafted them.
TERMS AND CONDITIONS OF USE
Ownership of Content. All literary, pictorial, graphic, derivative and other works, compilations, information and other content in or on the Wessels Company Properties, including but not limited to drawings, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, trade dress, and the compilation of the foregoing (the “Content”), and the design, “look and feel” and arrangement of the Content, other than any public domain materials, are (i) owned or controlled by or licensed to Wessels Company, and (ii) protected in the United States and internationally under trademark, copyright, and other intellectual property laws. All title, ownership and other rights in and to the Wessels Company Properties and the Content are exclusively owned or licensed from a third party by Wessels Company.
Trademarks, Copyrights, and Patents. Trademarks that are identified with particular Products sold through the Wessels Company Properties are the property of their respective owners, not Wessels Company. Unless otherwise indicated, all Content is subject to copyrights owned by or licensed to Wessels Company, all rights reserved. Wessels Company owns one or more patents and patent applications that apply to our website and to certain of the other Wessels Company Properties and/or their use, including U.S. Patent No. 8,633,825 B2. This notice is provided under the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and to provide notice under 35 U.S.C. §287(a). Except as expressly permitted by us, nothing in the Terms and Conditions confers any license in any property right, including without limitation any right in any trademark, copyright, or patent of Wessels Company or any third party.
Grant of Limited Use License. Wessels Company grants you a limited, nonexclusive, non-transferable and revocable license to use the Wessels Company Properties only in accordance with and for the purposes set forth in the Terms and Conditions (the “Limited Use License”). Wessels Company retains the right to terminate or limit your Limited Use License, and your access to the Wessels Company Properties and to any Content, for any reason and at any time. Except as otherwise expressly permitted in the Terms and Conditions with respect to CAD Models, or agreed to in writing by an authorized representative of Wessels Company, the Wessels Company Properties are only for your use in deciding whether to purchase Products from us and in purchasing Products from us. You agree that you will impose only that load on Wessels Company’s servers that is necessary for your use in deciding whether to purchase Products from us and in purchasing Products from us.
Prohibited Uses of the Wessels Company Properties. Any unauthorized use, change of information or interference with the availability of, access to or proper working of any part or feature of the Wessels Company Properties or their security measures is prohibited. Without limiting the foregoing, you agree that you will not, directly or indirectly through any third party, engage in any of the following activities with respect to the Wessels Company Properties or the Content, except as otherwise expressly permitted in the Terms and Conditions with respect to CAD Models, or agreed to in writing by an authorized representative of Wessels Company:
(i) copy, mirror, archive, intercept or redirect any Content;
(ii) redistribute, reproduce, make a derivative work from or commercially exploit the Content in any manner;
(iii) page or screen scrape, web harvest, or use any robot, spider, indexing agent or other automatic device, process or means to access the Wessels Company Properties for any purpose, including extracting data from, monitoring or copying the Content;
(iv) use the Wessels Company Properties in a manner that could disable, overburden, damage or impair them or interfere with another party’s use of them;
(v) use any device, software or routine that interferes with the proper working of the Wessels Company Properties;
(vi) introduce to the Wessels Company Properties any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;
(vii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts or features of the Wessels Company Properties or the Content, the servers on which the Wessels Company Properties and Content is stored, or any server, computer or database connected to the Wessels Company Properties or operated by us;
(viii) use a denial-of-service attack or a distributed denial-of-service attack against any of the Wessels Company Properties;
(ix) reverse engineer or attempt to extract the source code of any software that comprises any part of the Wessels Company Properties or the Content;
(x) display or use any Content for any commercial purpose in any publications, audiovisual works, public performances, or on websites or other applications, including but not limited to in connection with products other than our Products, in any other manner likely to cause confusion, to disparage or discredit us or our licensors, to dilute the strength of the intellectual property owned by us or our licensors, or to otherwise infringe the intellectual property rights of Wessels Company or any third party;
(xi) frame or use framing techniques to enclose any trademark, logo, intellectual property or other proprietary information (including images, text, page layout or form) of Wessels Company without our express written consent;
(xii) use any metatag or any other “hidden text” utilizing our name or trademarks without our express written consent; or
(xiii) use any technology or other means to hide your identity.
Use of CAD Models
The CAD models on the Wessels Company Properties (“CAD Models”) are being made available to help you decide whether to purchase Products from us. You may download the CAD Models and share them with others in your organization or with third parties acting on behalf of or rendering services to you or your organization (including your data center or cloud service providers), but only for purposes of deciding whether to purchase Products from us or in order to develop design drawings and prototypes for use by you or your organization in connection with a decision regarding whether to purchase Products from us. You shall not use the CAD Models to engage in 3D printing or other fabrication of the objects depicted in the CAD Models for any other purpose, and you shall not otherwise redistribute or make available the CAD Models (or any design drawings or prototypes that incorporate them) to any third parties, including third parties in the business of selling products similar to the Products.
The CAD Models do not contain any technical information other than what is readily observable, specified by industry standards or provided to us by our suppliers. The dimensions and other technical specifications of Products may vary from those shown in the CAD Models, due among other reasons to tolerances associated with manufacturing processes. Manufacturing tolerance information is considered proprietary by many of our suppliers and is not always provided to us. Thus tolerance information may not be reflected in the CAD Models. You acknowledge and agree as follows: (i) your use of the CAD Models is at your own risk and you are solely responsible for any use you make or permit others to make of the CAD Models; (ii) Wessels Company makes no representation or warranty (express or implied) with respect to the CAD Models, including but not limited to the accuracy or completeness of Product dimensions or any other technical specifications contained in or accompanying the CAD Models, non-infringement of third-party rights, and quality, suitability, fitness for purpose or title; (iii) Wessels Company may terminate or limit your access to the CAD Models for any reason at any time; and (iv) to the fullest extent permitted by law, you shall indemnify us and hold us harmless from and against any and all liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) resulting from claims asserted by you or others as a result of your use of the CAD Models.
CAD Software Add-In End User License Agreement
This Add-In End User License Agreement (“Add-In EULA”) applies if you obtain access to a software add-in (“Add-In”) made available by us for use with third-party CAD software (“CAD Software”), such as SolidWorks. THE ADD-IN CONSTITUTES PART OF THE WESSELS COMPANY PROPERTIES AND IS SUBJECT TO ALL APPLICABLE PROVISIONS OF OUR TERMS AND CONDITIONS WITH RESPECT THERETO.
Licensed Use. Wessels Company grants you a Limited Use License to install the Add-In on your computer device and to use the Add-In in connection with the CAD Software for your own internal business purposes to help you decide whether to purchase Products from us and to purchase Products from us. Your use of the Add-In and its Content is subject to all applicable Terms and Conditions, including the prior section of these Wessels Company Standard Terms entitled “Prohibited Uses of the Wessels Company Properties.” Without limiting the foregoing, you agree not to reverse engineer, reproduce, make a derivative work from, or commercially exploit the Add-In or its output or related Content for any purpose not expressly specified herein. All title, ownership and other rights in and to the Add-In are exclusively owned or licensed from a third party by Wessels Company.
CAD Models. Certain functionality of the Add-In is dependent on CAD Models available via the Wessels Company Properties. Your use of CAD Models is subject to all applicable Terms and Conditions, including the prior section of these Wessels Company Standard Terms entitled “Use of CAD Models.” Without limiting the foregoing, (1) you acknowledge the disclaimers herein regarding variances in specifications and manufacturing tolerances regarding the CAD Models and that use of the CAD Models is at your own risk; (2) you shall not use the CAD Models or any part of the Add-In to engage in 3D printing or other fabrication of the objects depicted in the CAD Models for any purpose other than your use in deciding whether to purchase Products from us and in purchasing Products from us, and you shall not otherwise redistribute or make available any part of the Add-In or the CAD Models (or any design drawings or prototypes that incorporate them) to any third parties, including third parties in the business of selling products similar to the Products; and (3) you agree to indemnify us for your use of or reliance on the Add-In or CAD Models as provided herein, including for claims relating to products that you create using the CAD Models or Add-In.
CAD Software and System. We have no affiliation with the developer of any CAD Software, and nothing in this Agreement shall grant you any rights with respect to any part of the CAD Software. You are responsible for procuring, installing and maintaining the CAD Software and any necessary hardware or software required for its proper operation (collectively the “System”). We are not responsible for the performance, operation, support or maintenance of the System or CAD Software, and you shall look solely to the suppliers or manufacturers of the components of the System with respect to such matters. The CAD Software may make available to the Add-In certain information that you consider proprietary. We will only access information provided from the Add-In for the purposes of easing use of our CAD Models and facilitating orders for Products from us.
Warranty Disclaimer and Limitation of Liability for Add-In. We do not warrant that the Add-In is free of errors or that it will perform without interruption. We disclaim all warranties and liabilities with respect to the Add-In and its output in accordance with the Terms and Conditions applicable to Wessels Company Properties. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, WESSELS COMPANY AND ITS EMPLOYEES, AGENTS, OFFICER AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF USE OF THE ADD-IN REGARDLESS OF FORM, INCLUDING FOR LOST OR CORRUPTED DATA, LOST PROFITS OR DOWNTIME, OR DAMAGE TO THE CAD SOFTWARE OR SYSTEM USED WITH THE ADD-IN.
Termination. This Add-In EULA and related Limited Use License shall be terminated automatically if you violate any of the Terms and Conditions. Upon termination, you shall cease using the Add-In and CAD Models and delete all copies of the Add-In and CAD Models in your possession. Termination of the Add-In EULA or Limited Use License shall not terminate any other obligations or provisions of the Terms and Conditions which shall remain in full force and effect.
U.S. Government Restricted Rights. The Add-In, CAD Models and related data, code and documentation are commercial computer software and commercial computer software documentation developed exclusively at private expense, and are licensed to U.S. government end users only as commercial items and only with those rights as are granted to all other end users under the Terms and Conditions set forth herein. Use, duplication or disclosure of the Add-In, CAD Models and related data, code and documentation by the U.S. Government or a U.S. Government contractor or subcontractor is subject to the restrictions set forth herein and as provided in FAR 12.211 and 12.212 (48 C.F.R. §12.211 and 12.212) or DFARS 227.7202 (48 C.F.R. §227-7202) as applicable.
Submission of User Content to Us. We are pleased to hear from our customers. We may from time to time seek feedback from our customers and other users of the Wessels Company Properties and we may enable them to submit, post or upload reviews, comments, suggestions, messages, photographs, videos and other content (collectively, “User Content”).
Disclaimer of Liability for User Content. We do not control, endorse or verify any User Content and we make no representation or warranty concerning its authenticity, integrity or accuracy. Reliance on or use of any User Content is solely at your own risk. To the fullest extent permitted by law, we are not responsible or liable for any User Content or for any claims, damages or losses resulting from the use or appearance of any User Content on the Wessels Company Properties.
User Content You Submit. You are solely responsible for all User Content you submit to us. You agree that you will not submit to us any User Content that (i) infringes or otherwise violates the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights, (ii) violates any local, state, national, or regional laws of the United States or any other jurisdiction, (iii) is unlawful, obscene, derogatory, threatening, harassing, hateful, racist, defamatory or otherwise objectionable, (iv) uses a false email address, impersonates any person or entity or is otherwise misleading as to its origin, or (v) contains viruses or corrupted files that may adversely affect the Content or the operation of the Wessels Company Properties. We reserve the right to remove or edit any User Content and to terminate or suspend your account at any time and without notice.
Your Grant of a License and Other Rights to User Content You Submit. By submitting User Content to us, you grant to us a non-exclusive, royalty-free, sub-licensable, perpetual, fully-paid, worldwide license (i) to use, reproduce, modify, publish, perform, create derivative works from, distribute and display such User Content in any media, and you hereby waive all “moral rights” with respect to our use of that User Content, and (ii) to use the names, images and likenesses that you submit to us in connection with that User Content. If and to the extent User Content that you submit to us contains ideas, suggestions, documents or proposals relating to us and our business (“Suggestions”), you acknowledge and agree as follows: (i) your Suggestions do not contain confidential or proprietary information; (ii) we are not obligated to keep your Suggestions confidential and we may use or disclose them in any media worldwide; (iii) we receive submissions from many parties that are similar to the Suggestions, or we may have ideas, concepts or processes similar to the Suggestions already under consideration or in development; (iv) your Suggestions shall be deemed the property of Wessels Company, which we will be free (but not required) to evaluate, develop and exploit at our discretion, without any obligation to compensate you or to credit you, and without any other obligation to you; and (v) you hereby assign all right, title and interest in the Suggestions, and any inventions, works, or other subject matter or rights contained in them, to Wessels Company.
Consent to Electronic Communication
When you use the Wessels Company Properties to purchase products, request information or otherwise solicit an electronic communication from us, or to send emails, text messages or other electronic communications to us for any of these purposes, you consent to receive electronic communications from us in response. You may withdraw your consent to receive electronic communications from us at any time. We may communicate electronically with you in a variety of ways, including by email, text message, in-app push notices, posting notices and messages on the Wessels Company Properties or by other means. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You agree that we may preserve any communication by you to us through any of the Wessels Company Properties and that we may disclose the data contained in any communication from you if we are required to do so by law or if we determine that preserving or disclosing that data is necessary to (i) comply with legal process, (ii) enforce the Terms and Conditions, (iii) respond to claims that the data you submitted violates the rights of others, or (iv) protect the rights, property or personal safety of Wessels Company, our employees, users of the Wessels Company Properties or the public.
Links and Other Third-Party Applications
No Endorsement by Us of Third-Party Websites. The existence on third-party websites or applications of hypertext links to any of the Wessels Company Properties does not imply or signify any relationship, endorsement or other connection between Wessels Company and the owner or operator of the website or application containing the links. Wessels Company is not responsible for inaccuracies in information or for any representations and express or implied warranties, including those of fitness for purpose or merchantability, which may be contained on or implied from any third-party websites or applications containing hyperlinks to wesselsvessels.com or westank.com. Wessels Company does not authorize any other parties to make representations or warranties on our behalf.
Limited Permission to Link to Our Homepage. You may link to the homepage of westank.com or wesselsvessels.com only if (i) the link or the manner of linking does not damage or take advantage of our reputation, (ii) you do not by such linkage suggest that we approve, endorse or are in any other way associated with your activities, products or services, and (iii) you immediately remove any links to westank.com or wesselsvessels.com at our request.
Disclaimers Relating to Third-Party Applications Included by Us. The Wessels Company Properties may include third-party technology, software, applications and links to other websites and resources provided by third parties. Any such links are provided for your convenience only. We do not have any control over the content of those third-party websites or resources. You therefore acknowledge and agree as follows: (i) we are not responsible for the practices or policies of third parties or for any loss or damage that may arise from your use of any third-party technology, services, software or applications or any linked third-party website or resource; and (ii) if you use any third-party technology, services or software or access any website or resource linked to the Wessels Company Properties, you do so at your own risk and subject to the terms and conditions of use of any such third-party technologies, websites or resources.
Disclaimer of Warranties Relating to Use
THE WESSELS COMPANY PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK. ACCORDINGLY, THE WESSELS COMPANY PROPERTIES AND ALL CONTENT PROVIDED THEREIN ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE WESSELS COMPANY PROPERTIES OR ANY CONTENT OR TECHNOLOGY INCLUDED IN THEM, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES THAT THE WESSELS COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT IN CONNECTION WITH YOUR USE OF THE WESSELS COMPANY PROPERTIES. YOU SHALL HOLD WESSELS COMPANY HARMLESS FROM AND YOU SHALL NOT SUE WESSELS COMPANY FOR ANY CLAIMS BASED ON YOUR USE OF OR INABILITY TO USE THE WESSELS COMPANY PROPERTIES OR THE CONTENT.
Limitation of Liability Relating to Use
TO THE FULLEST EXTENT PERMITTED BY LAW, WESSELS COMPANY AND ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WESSELS COMPANY PROPERTIES OR THE CONTENT, OR FOR YOUR RELIANCE ON THE CONTENT IN THE WESSELS COMPANY PROPERTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification Relating to Use
As a condition to your use of the Wessels Company Properties, to the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Wessels Company and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting directly or indirectly out of (i) any breach by you of the Terms and Conditions, (ii) your use of the Wessels Company Properties, (iii) User Content submitted by you, and (iv) your use of the CAD Models.
Limitations on International Users
Export Control Laws. Certain Content that may be downloaded by you or is otherwise made available on the Wessels Company Properties may be subject to United States export control laws. These laws prohibit the export of certain information, software and other technology to certain restricted localities, persons and entities. You agree and acknowledge that no Content, software or other technology may be used, downloaded or exported from the Wessels Company Properties (i) in or into any country against which the United States maintains a trade embargo, (ii) by or to a person or entity designated on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List, or (iii) otherwise in violation of any applicable United States export control law.
Compliance with Laws of Other Countries. Wessels Company operates the Wessels Company Properties from the United States and does not warrant or represent that they are appropriate for use in or otherwise comply with the laws of any jurisdiction outside the United States. You acknowledge and agree that you are solely responsible for ensuring that your use of the Wessels Company Properties is lawful in any jurisdiction in which you use them.
TERMS AND CONDITIONS OF SALE
Prices and Payment Terms
Published prices don’t include taxes, duties, brokerage or shipping costs, and they may be changed without notice. All payments must be in U.S. Dollars. Open accounts may be available on terms approved by us. Payment terms on open accounts are net 30 days, less two percent for payment within 10 days of shipment or pick-up of the Products. Visa, MasterCard and American Express will generally be accepted for orders, but credit card arrangements are subject to change.
A 2% surcharge will be added for credit card transactions.
Right to Correct, Reject or Cancel Orders
We reserve the right to correct typographic errors and reject or cancel orders because applicable law prevents the sale of the Products in your area or for any other reason.
In addition to the published price, we may charge you for shipping, freight, taxes and all other expenses that we incur in connection with the shipping of your order.
Taxes and Governmental Charges
You are responsible for all applicable national, state, provincial and local sales and use taxes, value added taxes, duties, tariffs and other governmental fees which may be imposed in connection with your purchase of Products from us. When we collect taxes and other governmental fees from you, the amount collected will be stated separately on the invoice. If you are claiming an exemption from sales tax, you are responsible for providing a valid sales tax exemption certificate and you agree that you will not claim a sales tax exemption for purchases that do not qualify as exempt. If your claim of exemption for any purchase is deemed invalid by the taxing jurisdiction, you will upon request reimburse us for any and all taxes which we are required to pay on that purchase. If any Product which you purchase for resale is subsequently used by you, you will pay the use tax directly to the taxing authority, if required by law, or to us if we are required to pay it. For more information, please contact the appropriate revenue department in your State.
Quebec Customers. For purposes of the Quebec sales tax (QST), if you are located in Quebec, Canada, each time you purchase Products from us you represent and warrant to us that you are not an individual consumer purchasing the Products for your own or any other individual‘s personal consumption, use or enjoyment.
Australia and New Zealand Customers. For purposes of Australia‘s and New Zealand‘s goods and services tax (GST), if you are located in Australia or New Zealand, each time you purchase Products from us you are certifying that (i) you have a current national Business Number and GST registration in the country to which the Products are being shipped, and (ii) you are acquiring the Products from us only for the purpose of using them in the course of running your enterprise in the country to which the Products are being shipped.
Delivery, Title and Risk of Loss
Delivery. Delivery occurs at Wessels Company’s warehouse when the Product is tendered to the carrier or is picked up by the customer, except for those sales into Canada as to which we agree to act as importer of record in the documentation you receive from us relating to your purchase of Products. With respect to sales into Canada as to which we agree to act as importer of record in the documentation you receive from us relating to your purchase of Products, the place of delivery is the destination in Canada to which we have prepaid the shipping charges.
Title and Risk of Loss. Title and risk of loss pass to the customer at Wessels Company’s warehouse when the Product is tendered to the carrier or is picked up by the customer.
We reserve the right to reject returns of Products used or damaged by the customer or designated as non-cancellable or non-returnable.
Limited Product Warranty
Wessels Company warrants that its products are of the kind and quality quoted and warrants these products to be free of defective material and/or workmanship only. This warranty is not applicable to operational failures, gasket leaks or malfunctions caused by improper application, installation and/or maintenance. Warranty not applicable if electrolysis condition or ab normal water condition exists. Anode inspection of glass lined storage tanks is required every 6 months. Wessels Company requires paid receipts to show maintenance of anodes on glass lined tank claims.
Any claim for adjustment under this Limited Warranty must be made within the Warranty period (see below). Wessels Company shall replace or repair at its option, all parts which upon examination by Wessels Company prove to be defective material and/or workmanship within the above Limited Warranty. If required by Wessels Company, parts that are claimed defective must be promptly delivered to the Wessels Company manufacturing facility, transportation charges prepaid. Wessels Company will not however, accept any claims for labor costs incurred by the user in removing or reinstalling a product and/or part thereof. This warranty does not apply if the defect is due to failure to use the product for its intended purpose, the result of an accident, abuse, misuse or unauthorized alteration, or because the product was not installed and maintained in accordance with standard plumbing practices. However, any and all costs required to ship, disassemble, remove, reassemble, reinstall a bladder and/or tank, shall not be borne
by the Wessels Company and IS NOT COVERED under this warranty. IN NO EVENT SHALL WESSELS COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any implied warranties which the user may have including merchantability and fitness for a particular purpose, shall not extend beyond the period (see below) from date of shipment of any product. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Upon receipt of product from Wessels Company, we expect the customer to examine the goods for any visual damage, especially concealed damage, and inform Wessels Company no later than 30 days from the date of delivery. After 30 days customer will only have recourse from the freight carrier.
1 YEAR FROM DATE OF SHIPMENT: All Wessels Company products when used on applications for which they are intended.
5 YEAR FROM DATE OF SHIPMENT: WVA-MAX series Air & Dirt Separators, non-code T-style Thermal Expansion Tanks, non-code N-style expansion tanks, Glass-lined Storage Tanks for potable water without coils, heating devices or burners and temperatures not exceeding 180 degrees Fahrenheit.
Limitation of Liability and Remedies Concerning Products
TO THE FULLEST EXTENT PERMITTED BY LAW, WESSELS COMPANY AND ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE PRODUCT OR ITS REPLACEMENT OR REPAIR) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OF ANY PRODUCT FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF THE MISUSE, IMPROPER SELECTION, FAULTY REPAIR OR IMPROPER MODIFICATION OF A PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THE PRODUCTS WE SELL IS THE RIGHT TO RETURN THE PRODUCTS AND OBTAIN AT OUR OPTION A REFUND OF THE PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR ACTION BROUGHT AGAINST US ARISING OUT OF ANY PRODUCT WE SELL TO YOU MUST BE BROUGHT WITHIN ONE YEAR AFTER THE PRODUCT HAS BEEN DELIVERED TO YOU.
Limits on Use of and Reliance on Information We Make Available to You
Safety Data Sheets. Safety Data Sheets (SDS) for certain Products are available by contacting us at [email protected]. Any SDS we make available to you has been prepared and provided to us by the manufacturer or the supplier of the Product. WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN AN SDS.
Your Responsibilities to Us
Assumption of Risk for Product Information. WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE PRODUCT INFORMATION. You assume the risk that the Product Information may be incomplete, inaccurate or out of date. We may add, change, discontinue, remove or suspend any of the Product Information or other information included in the Content at any time, without notice or liability. We reserve the right to correct any publishing errors in the Content, including pricing errors.
Compliance with Laws. WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) THAT PRODUCTS OFFERED FOR SALE BY US COMPLY WITH ANY LAWS, CODES OR REGULATIONS GOVERNING THEIR PURCHASE, INSTALLATION, USE, HANDLING, STORAGE, RESALE, TRANSPORTATION, DISPOSAL, EXPORT OR IMPORT, THAT THEY ARE AVAILABLE FOR SALE OR USE IN YOUR JURISDICTION, OR THAT THEY ARE APPROPRIATE OR SUITABLE FOR YOUR PURPOSES OR USE. You are solely responsible for ensuring your compliance, and that of any third party to whom you resell the Products, with all applicable laws governing purchase, installation, use, handling, storage, resale, transportation, disposal, export and import of the Products you purchase from us.
Your Representations and Warranties. You are responsible for familiarizing yourself with all other available information about the Products prior to your purchase and use of them to determine their suitability for and any limitations on your intended use. In connection with any purchase of Products from us, you warrant, represent, acknowledge and agree as follows: (i) the purchase, installation, use, handling, storage, resale, transportation, disposal, export or import of the Products by you and any third party to whom you resell them is and will be in compliance with all applicable laws and regulations and will conform to generally recognized industry and professional standards; (ii) you and any third party to whom you resell the Products are or will be knowledgeable concerning the laws and other practices relating to the safe and lawful purchase, installation, use, resale, handling, storage, transportation, and disposal of the Products; (iii) you have used your own skill and judgment in selecting and you are solely responsible for the determination and selection of suitable Products for your contemplated use and the use contemplated by any third party to whom you resell the products; (iv) you are at least 18 years of age, and have the legal right and are authorized to purchase the Products; (v) you understand any and all hazards associated with the storage, use, handling and transportation of the Products; (vi) you are solely responsible for protecting and/or warning all parties who may be exposed to those hazards as a result of your use or resale of the Products; and (vii) if you are located in California, when you use our printed catalog to purchase Products, the Products are being purchased only for professional or commercial use, and not for personal or household use.
Your Indemnification of Us. Your purchase, use and resale of the Products is at your own risk. To the fullest extent permitted by law, except to the extent caused by our negligence or willful misconduct, you agree to defend, indemnify and hold harmless Wessels Company and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting (directly or indirectly) out of your (i) breach of any of the Terms and Conditions, (ii) negligence, misuse or other wrongful conduct related to a Product, or (iii) violation of any applicable law related to any Product. To the extent they are inconsistent with the U.S. federal Anti-Deficiency Act, the indemnification provisions in the Terms and Conditions will not apply to any sale made by us to a U.S. federal government agency to which the Anti-Deficiency Act applies.
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy American Act). If you require other information or have other special needs, please contact us.
Electronic Commerce / EDI
If you purchase Products through our website, or by email, facsimile or an electronic data interchange or EDI system (collectively, “e-commerce”), you agree that (i) any contract of sale resulting from an e-commerce transaction is legally binding and enforceable, notwithstanding the provisions of any law relating to whether agreements must be in writing or signed by the parties to be bound thereby; and (ii) copies of our e-commerce records are admissible in any legal proceeding under the business records exception to the hearsay rule, the best evidence rule or any other rule of evidence, notwithstanding that such records were not originated or maintained in documentary form. As provided in the Uniform Commercial Code, we adopt as our signature on e-commerce communications the electronic identification of Wessels Company affixed to or contained in each electronic record transmitted in connection with a transmission. In the event of a dispute, the business records maintained by us regarding your e-commerce purchases with us shall be deemed to be the governing records for purposes of establishing the terms of those purchases.
Additional Terms Applicable to the Export of Products
U.S. Export Controls. Our Products are subject to U.S. export control laws and regulations. You acknowledge and agree that you are responsible for and shall comply with all laws, regulations and orders of the United States applicable to the export of Products you purchase from us. Without limiting the foregoing, you represent and warrant as follows: (i) you are not designated on or associated with any party named on any of the restricted parties lists published by the U.S. government, including the Denied Persons List, the Entity List, the Unverified List of the Bureau of Industry and Security of the Department of Commerce, or the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control of the Treasury Department; (ii) you shall not engage in the export, reexport, diversion, transfer or other disposition of any Product in violation of any laws of the United States, including but not limited to laws administered by the Treasury Department and the Department of Commerce pursuant to which the United States maintains trade embargoes and sanctions against certain countries; (iii) you are purchasing the Products to be exported from the United States and imported to the destination identified in the documentation relating to your purchase of Products in compliance with the laws of the United States and that destination; (iv) you understand and acknowledge that a license or other authorization may be required from the Bureau of Industry and Security, the Office of Foreign Assets Control or other U.S. government agency before exporting or reexporting Products from the United States; (v) unless otherwise expressly agreed by us in the documentation you receive from us relating to your purchase of Products, you are responsible for obtaining and paying for any licenses, permits or other authorizations required for exporting or reexporting our Products; and (vi) all other costs associated with exporting the Products shall be your responsibility.
Your Import of Products Into a Foreign Country. We do not serve as the importer of Products into any country, except to the extent, and then only to the extent that we agree in the documentation the customer receives from us relating to the purchase of Products to serve as importer of record for certain sales to customers in Canada. In all other cases, when the Products you purchase from us are imported into another country, you are solely responsible for (i) compliance with all laws governing that country‘s importation process, (ii) obtaining and paying for all necessary licenses, permits, customs clearances and all other authorizations, and (iii) paying all applicable duties, tariffs and other taxes and government charges imposed by that country upon import, and any brokerage, storage, any other fees or costs associated with the import of the Products.
Acknowledgement of Independent Contractor and Business Status. In exporting the Products from the United States, importing them into another country, or reselling them following your purchase from us, you acknowledge that you are an independent contractor and that you shall not hold yourself out as an agent or otherwise cause others to believe that you are authorized to act on behalf of Wessels Company. In addition, if you are located outside the United States, you represent and warrant to us that the Products are being purchased only for professional or commercial use, and not for personal or household use.
GENERALLY APPLICABLE TERMS
Jurisdiction, Choice of Law and Jury Trial Waiver
The Terms and Conditions (including the breach, termination and validity thereof), sales of our Products, use of the Wessels Company Properties, any personal information you submit to us and any disputes arising out of or relating to any of the foregoing (i) shall be governed entirely by and interpreted in accordance with the laws of the State of Indiana and applicable U.S. federal law, without giving effect to conflict of law principles of any jurisdiction, and (ii) shall not be governed in any manner by the United Nations Convention on Contracts for the International Sale of Goods, which is hereby expressly excluded, or the laws of any jurisdiction outside the United States. Except as otherwise expressly provided respecting the resolution of any controversy or claim between Wessels Company and a party domiciled outside the United States, you irrevocably consent to the exclusive jurisdiction of the courts located in Indiana in connection with any action by or against Wessels Company to which you are a party. Proceedings to enforce the result of any such adjudication, however, may be brought in any applicable forum. TO THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY SUCH ACTION.
Resolution of International Disputes
Any controversy or claim between Wessels Company and a party domiciled outside the United States arising out of or relating to the Terms and Conditions, including but not limited to, the breach, termination or validity of the Terms and Conditions, sales of our Products, use of the Wessels Company Properties and any personal information submitted to us shall be determined and resolved exclusively by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. In connection with any such arbitration, the place of the arbitration shall exclusively be Indiana, the language of the arbitration shall be English, and Indiana law shall be applied to the dispute submitted to arbitration, without giving effect to any conflict of law principles of any jurisdiction. The arbitration award shall be final and binding, and judgment on the award may be entered and enforced in any court having jurisdiction over the parties. Except as may be required by law or for the purposes of entering, challenging or enforcing an arbitration award in a court having jurisdiction over the parties and subject matter, no party or its representatives may disclose the existence, content, or results of any arbitration hereunder, or any other matter relating to the arbitration or the award, without the prior written consent of all parties.
We are not liable for any delay in or impairment of our performance caused in whole or in part by acts of God, labor disruptions, acts of war, terrorists, criminals, hackers or vandals, governmental decrees or controls, riots, epidemics and quarantines, communications disruptions, power failures, accidents, explosions, fires, inability to obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw materials, severe weather, natural disasters and catastrophic events, or any other occurrence which is beyond our reasonable control in the conduct of business.
The failure (with or without intent) of any party to insist upon the strict performance by the other party of any provision of the Terms and Conditions shall not be deemed to constitute a modification of, or a waiver of the right to insist at any time thereafter upon performance strictly in accordance with, any of the provisions of the Terms and Conditions. No waiver of any provision of the Terms and Conditions shall operate as a waiver of any other provision of the Terms and Conditions, and no waiver of any provision of the Terms and Conditions shall operate as a continuing waiver of that provision.
In the event that any provision of the Terms and Conditions is held illegal, invalid or unenforceable for any reason, that illegality, invalidity or unenforceability shall not affect the remaining provisions of the Terms and Conditions, in which event they shall be construed and enforced as if that illegal, invalid or unenforceable provision had never been inserted in them.
Assignment; No Third Party Benefit
No benefits or duties under the Terms and Conditions may be assigned without our prior written consent, except that a merger or consolidation of any party with another entity shall not constitute a violation of this provision. The Terms and Conditions are intended for the sole and exclusive benefit of the parties thereto and their respective permitted assignees thereunder. Nothing in the Terms and Conditions shall give any other person any legal or equitable right, remedy or claim under or in respect of the matters covered in them.
Nothing provided in the Terms and Conditions shall be deemed to create any relationship between us of employment, partnership, joint venture, agency or representation with respect to the use of the Wessels Company Properties or sales of Products by us.
CCPA Notice–Information for Customers in California
If you are an individual within the State of California, USA, the California Consumer Privacy Protection Act of 2018 (“CCPA”) may apply to the personal data that you provide us through the Wessels Company Properties or otherwise through your interaction with us. If so, we are required by the CCPA to provide additional information to you, which you can find in the California Privacy Statement below.
GDPR Notice–Information for Customers in the EU and EEA
If you are an individual within the European Union (“EU”) or the European Economic Area (“EEA”), the EU General Data Protection Regulation 2016/679 (“GDPR”) may apply to the personal data that you provide us through the Wessels Company Properties or otherwise through your interaction with us. If so, we are required by the GDPR to provide additional information to you, which you can find in the GDPR Notice below.
Your Responsibilities. To protect your account from unauthorized activity, you should keep your password confidential and restrict access to your computer and any mobile devices through which your account may be accessed. You are responsible for all activity on or through your account. We will not be liable for damages or loss arising from your failure to maintain the confidentiality of your password or to adequately restrict access to your account. You represent and warrant that all information that you provide in connection with your account is and shall be accurate, truthful, current and complete. We reserve the right to deny, deactivate or terminate your account at our discretion.
Breach of Security. You accept all risk that your account may be accessed without your permission. If you discover or suspect that the security of your account has been breached, please let us know as soon as possible.
Information We Collect and Use
Your Personal Information. When you place an order for a Product, we need to know your name, email and mailing addresses, and your billing information so that we can fill, confirm and ship your order, notify you of your order status and process your payment. We may also request some of this same information from you when you ask a question or make a comment through our website or mobile applications in order for us to respond appropriately. For administration purposes, our website or mobile applications may collect your IP address or domain name, referring web page, browser type, mobile device type, device operating system, device settings, geolocation data and non-personal information about the way you use your device or this site (such as the length of time spent or the pages accessed while visiting this site). We may use third-party website analytics tools and embedded tracking codes that collect information about visitor traffic on our sites and mobile applications to collect information about you.
Disclosure of Information to Third Parties. We don’t rent or sell to others any information about our customers. We do not grant permission to third parties to collect information regarding the online activities of our website users over time and across different websites when they visit our website. However, we may provide your personal information to third parties who provide services on our behalf, such as the companies engaged to deliver your order and process your payment. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency.
Use By Minors Prohibited. Our website and mobile applications are not intended for use by and Wessels Company does not intend to collect personal information from individuals under 18 years of age. Individuals under 18 years of age are directed to not use our website and mobile applications, whether to purchase Products, submit personal information or otherwise.
Mobile User Application Permissions. When you use our mobile applications, you may grant to us certain permissions with respect to your device. These permissions may include (i) granting us access to the camera and photos, videos and other media files on your device, and (ii) allowing us to send in-app push notifications to you. Most mobile devices provide you with information about these permissions.
Mobile User Location. Our mobile applications may also collect information about the location of your mobile device, if you grant this permission.
Access and Correction. The file containing your personal information will be held at our offices or on our servers or those of our service providers, and employees who require it for the purposes of their duties will have access to this file. You may obtain a copy of certain personal information we maintain about you and update or correct inaccuracies in that information using the features of your account. If you wish to update or delete other personal information, you can contact us at [email protected] or via the contact us feature in our mobile applications and we will endeavor to correct, update or remove the personal information you give us.
Security of Your Information
Wessels Company‘s Responsibility. The security of your information is important to us. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet and other e-commerce channels are not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third-party activities, we cannot guarantee that personal data transmitted to our website and mobile applications will remain secure. If we become aware of a security breach involving any such data, Wessels Company will make all legally required disclosures consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement.
Credit Card Information. Whenever we transmit your credit card information over the Internet, we use industry standard encryption for all pages containing private information pertaining to your shipments. Your full credit card number is never displayed when you use our website or mobile applications. When you use a saved credit card, we only include the last four digits of the credit card number on the order page so that you can tell which credit card you used.
What are Cookies? A cookie is a small text file that our website places on your computer or mobile device. Your browser provides the cookie to us each time you return to our website. Cookies help us to identify you and to provide you with information that is relevant to you when you return to our site. Cookies also help us understand how our site is being used so that we can make it more effective for our users.
Types of Cookies We Use. We use only “Strictly Necessary”, “Performance”, and “Functionality” cookies on our site. These cookies are described below.
Strictly Necessary Cookies. These cookies are essential to the use of our site, as they enable you to move around the site and use its features, such as accessing logged in or secure areas.
Performance Cookies. These cookies collect information about how you have used the site, for example, information related to the unique user name you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can provide you with different content than that provided to a new user. We also use this type of cookie to track aggregate usage of our site. The information collected is used to improve how the site works.
Functionality Cookies. These cookies allow us to remember how you logged in, when you logged in or out, and the history of your activity on our site. These cookies also allow us to tailor the service to provide enhanced features and content for you. The information collected by these cookies may be anonymous, and they are not used to track your browsing activity on other sites or for other services.
First and Third Party Cookies. First-party cookies are cookies that belong to us, third-party cookies are cookies that another party places on your device through our site. Third-party cookies may be placed on your device by someone providing a service for us, for example to help us understand how our service is being used.
Duration of Cookies on your Device. The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
“Do Not Track” Signals
Our website is not configured to respond, and it does not respond to “do not track” signals.
Disclaimers Relating to Privacy Laws Outside the United States
The Wessels Company Properties are operated by Wessels Company from our offices in the United States. Information that you submit to us from outside the United States through the Wessels Company Properties will be transmitted to the United States (including to our service providers located in the United States), which may have privacy laws that are less protective than the privacy laws of the jurisdiction in which you reside. By using our website and other Wessels Company Properties, you consent to this transfer. We make no representation that our website or mobile application is appropriate or available for use in locations outside the United States.
California Privacy Statement
Effective: December 21st, 2021
Last updated: December 21st, 2021
Personal Information We Collect
We collect the following categories of personal information from consumers:
– Personal identifiers including your name, address, telephone number, job title, employer, payment information and other personal information under the California customer records law.
– Commercial information including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
– Internet and similar network activity including IP address, browsing history, search history, geolocation data based on network activity, information on a consumer’s interaction with a website, application, or advertisement.
– Sensory data in the form of audio recordings of phone calls made to us.
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
– Directly from our customers. For example, from information that our customers provide to us related to the orders for products which they purchase from us or in connection with establishing an account with us.
– Directly and indirectly from activity on our website (www.wesselsvessels.com) or mobile applications. For example, from submissions through our website portal or website usage details collected automatically.
– From third-party website analytics tools and embedded tracking codes that collect information about visitor traffic on our website and mobile applications.
Purposes for Use of Personal Information
We use or disclose the personal information we collect for one or more of the following business purposes:
– providing our products and services to you or the business you represent (for example, if you provide us with personal information in order to place an order with us, we will use that information to process your payment, complete the sale and ship the product to you),
– maintaining our business relationship and/or providing ongoing support, where you or the business you represent are a user of the Wessels Company Properties or a customer or you otherwise engage with us for business purposes,
– informing you about our products and services and responding to your comments or requests for information,
– sending paper catalogs to you or the business you represent,
– enforcing any contracts that we enter into with you or the business you represent, or defending claims arising from such contracts;
– optimizing the Wessels Company Properties and customer experience,
– where necessary to protect the rights, property or safety of us or other users or customers,
– where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities, or
– as described to you when collecting your personal information.
Sharing of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed personal identifiers, personal information covered under the California customer records disposal law, and commercial information to
– service providers engaged by us to provide services, such as delivery and logistics companies, payment processors, and website hosts and other IT infrastructure providers, and
– third parties to whom you authorize us to disclose your personal information in connection with products we provide to you.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
This section describes the specific CCPA rights afforded to California residents and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
– the categories of personal information we collected about you,
– the categories of sources for the personal information we collected about you,
– our business or commercial purpose for collecting or selling that personal information,
– the categories of third parties with whom we share that personal information
– the specific pieces of personal information we collected about you (also called a data portability request),
– if we sold your personal information, a list identifying the personal information categories that each category of recipient purchased, and
– if we disclosed your personal information for a business purpose, a list identifying the personal information categories disclosed.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request pursuant to certain exceptions provided in the CCPA, including to take actions reasonably anticipated within the context of our ongoing business relationship with you, to comply with legal obligations, or to make other internal and lawful uses of your person information that are compatible with the context in which you provided it. The response we provide will explain the reason for denying your request.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
– calling us at 317-888-9800, or
– visiting westank.com/contact.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
– provide sufficient information that allows us to reasonably verify you are either the person about whom we collected personal information or an authorized representative of that person, and
– describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
Response Timing and Format
We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (we may take up to 45 additional days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, your exercise of your CCPA rights will not result in us:
– denying you goods or services,
– charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties,
– providing you a different level or quality of goods or services, or
– suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by one or more of the following: (i) providing you with an electronic notification through our website, by e-mail or other means of electronic communication or through any of our e-commerce or mobile applications, or (ii) making a revision to the privacy notice and changing the effective date shown above.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, or your choices and rights regarding such use, or if you wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone (toll free): 317-888-9800
1) Controller. For the purposes of this GDPR Notice, the controller of personal data is Wessels Company Supply Company and the contact details for the controller are available at www.westank.com/contact.
2) How We Use Your Personal Information. Wessels Company is a U.S. company. When you submit your information to us through the Wessels Company Properties or otherwise through your interaction with us, your personal data will be transferred to our servers in the U.S. We will hold, use and disclose your personal data for the following primary purposes:
a) providing our products and services to you or the business you represent;
b) maintaining our business relationship and/or providing ongoing support, where you or the business you represent are a user of the Wessels Company Properties or a customer or you otherwise engage with us for business purposes;
c) responding to your comments or requests for information;
d) sending paper catalogs to you or the business you represent; and
e) enforcing any contracts that we enter into with you or the business you represent, or defending claims arising from such contracts.
We do not engage in e-mail marketing, and we would ask for your consent before doing so. However, we may contact you about your account or your transactions with us, or the account of the business you represent or the transactions with us of the business you represent.
3) The Legal Bases for Processing Your Personal Data. Under the GDPR, we rely upon the following grounds to process personal data the users the Wessels Company Properties and our customers:
a) Necessary for entering into, or performing a contract – To perform obligations that we undertake in providing products or services to you or the business you represent, or to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data. Without this information, we may not be able to provide our products and services to you.
b) Necessary for compliance with a legal obligation – We are subject to certain legal requirements that may require us to process your personal data. We may also be obligated by law to disclose your personal data to a regulatory body or law enforcement agency.
c) Necessary for the purposes of legitimate interests – Either we, or a third party, will need to process your personal data for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected. Our legitimate interests include responding to requests and inquiries from you or a third party, optimizing the Wessels Company Properties and customer experience, informing you about our products and services, meeting your need for products (including servicing orders) and ensuring that our operations are conducted in an appropriate and efficient manner.
d) Consent – In some circumstances, we may ask for your consent to process your personal data in a particular way, including with respect to the international transfers described in Section 5 below.
4) How We Share Your Personal Data. We may disclose your personal data to other parties in the following circumstances:
a) where we have retained trusted third parties to provide services, such as delivery and logistics companies, payment processors, and website hosts and other IT infrastructure providers;
b) where necessary to protect the rights, property or safety of us or other users or customers;
c) where we are obligated, or permitted, to do so by applicable law, regulation or legal process, including disclosure to customs or other governmental authorities; or
d) if we (or substantially all of our assets) are acquired by a third party, in which case personal data held by us about the users of the Wessels Company Properties and customers will be one of the transferred assets.
5) We do not sell or license your personal data to third parties for their marketing or other commercial purposes.
7) How Long We Will Hold Your Information.We will retain your personal data for the time necessary to perform our obligations to you, or for a longer period if there are other purposes for which your personal data was collected or where we have other legitimate and compelling business reasons for retaining that information. For example, once a transaction has been completed, we will generally retain the contact details of a customer on our systems indefinitely for the purposes of handling after-sales queries, communicating important product information, and providing better service to you in the future, or for other legitimate and compelling business reasons.
8) Your Rights on Information We Hold About You. You have certain rights in relation to personal data we hold about you. Details of these rights are set out below and you can exercise them by contacting us by one of the methods described at www.westank.com/contact. We will require evidence of your identity before we are able to act on your request.
a) Right of Access. You have the right at any time to ask us for a copy of the personal data about you that we hold, free of charge. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your personal data, or certain elements of the request.
b) Right of Correction or Completion. If personal data we hold about you is not accurate or is out of date and requires amendment or correction, you have a right to have the data amended or rectified and to have incomplete data completed.
c) Right of Erasure. In certain circumstances, you have the right to request erasure of personal data that we hold about you, such as where the information is no longer necessary for the purposes for which it was collected or processed or where our processing of the information is based on your consent and there are no other legal grounds on which we may process or retain the information.
d) Right to Object to Processing. In certain circumstances, you have the right to object to our processing of your personal data. Those circumstances include where we are processing your data on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your personal data for direct marketing purposes.
e) Right to Restrict Processing. In certain circumstances, you may have the right to restrict our use of your personal data, such as where you have challenged the accuracy of the information and during the period where we are verifying its accuracy.
f) Right of Data Portability. In certain instances, you have a right to receive any personal data that we hold about you in a structured, commonly used and machine-readable format. You can ask us to transmit that information to you or directly to a third party organization. This right exists only with respect to personal data that you have previously provided to us and which is processed by us using automated means. While we will endeavor to satisfy your request as to a particular data format, we are not able to guarantee technical compatibility with a third party organization’s systems. We are also unable to comply with requests that relate to personal data of others without their consent.
You can exercise any of the above rights by contacting us by one of the methods described at www.westank.com/contact. Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights. In addition to the rights described above, you are entitled to lodge a complaint about our processing of your personal data with the relevant supervisory authority. See link for details: https://edpb.europa.eu/about-edpb/board/members_en
9) Cookies You have certain rights in relation to personal data we hold about you. Details of these rights are set out below and you can exercise them by contacting us by one of the methods described at www.westank.com/contact. We will require evidence of your identity before we are able to act on your request.
a) What are Cookies? Our website uses small text files called cookies that help us identify you on return visits and provide information that is relevant to you. A cookie is a small file that a website stores on a visitor’s device or computer, and that the visitor’s browser provides to the website each time the visitor returns. These files also help us understand how our website is being used so that we can make it more effective for our users.
10) Consent If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time. You can do this by contacting us by one of the methods described at www.westank.com/contact.
11) Contact If you have any questions or if you would like to contact us about our processing of your personal data, including to exercise your rights as outlined above, please contact us by one of the methods described at www.westank.com/contact.