Last updated: 07/22/2026
These Terms and Conditions (“Terms”) govern your use of the Wilcon Industries LLC (“Wilcon,” “we,” “us,” or “our”) website located at www.wilconindustries.com (the “Site”) and any purchase of products or services from Wilcon. By accessing the Site, requesting a quote, or placing an order, you agree to be bound by these Terms. These Terms, together with Wilcon’s written quotation, order acknowledgment, and invoice, are the entire and exclusive agreement between you and Wilcon and supersede all prior or contemporaneous communications, proposals, and representations. Wilcon expressly objects to and rejects any different or additional terms in your purchase order or other documents, and Wilcon’s acceptance of any order is expressly conditioned on your assent to these Terms; no different or additional term is binding on Wilcon unless agreed in a writing signed by an authorized Wilcon representative.
1. Company Information
Wilcon Industries LLC 2090 S Hellman Ave, Ontario, CA 91761 Phone: 951-471-0066 Email: sales@wilconindustries.com
2. Products and Quotes
Product descriptions, specifications, and images on the Site are provided for general reference. Because many Wilcon products (including custom-built thermocouples, sheathed assemblies, and refractory components) are manufactured to order, actual specifications, lead times, and pricing are confirmed only upon a written quote or order acknowledgment issued by Wilcon. Prices displayed on the Site are subject to change without notice and do not constitute a binding offer until confirmed by Wilcon. Unless the quotation states otherwise, all quotations are valid for thirty (30) days from issuance and may be modified or withdrawn by Wilcon at any time before Wilcon receives your conforming order. Wilcon may correct typographical, clerical, pricing, or specification errors at any time, including after an order is placed.
3. Orders and Acceptance
Submission of an order or request for quote through the Site is an offer to purchase, which Wilcon may accept or decline at its discretion. A contract is formed only when Wilcon issues a written order confirmation or invoice. Wilcon’s commencement of production, shipment, or other performance does not constitute acceptance of any term you propose that differs from or adds to these Terms. Minimum order quantities, order minimums, and change-order charges may apply as stated in the applicable quotation or acknowledgment.
4. Payment Terms
Payment terms will be specified on your quote, order confirmation, or invoice. Unless otherwise agreed in writing, payment is due according to the terms stated on the invoice. All prices are exclusive of, and you are responsible for, all sales, use, excise, and similar taxes, duties, and governmental charges (other than taxes on Wilcon’s net income). All credit is subject to Wilcon’s continuing credit approval, and Wilcon may require prepayment, a deposit, or other security at any time. Invoices not paid when due bear a late charge of one and five percent (5%) per month, or the maximum rate permitted by law if less, on the unpaid balance. You will pay all costs of collection, including reasonable attorneys’ fees and court costs. You may not withhold, offset, or deduct any amount owed to Wilcon on account of any claim or counterclaim. If you fail to pay when due, Wilcon may, in addition to its other remedies, suspend performance and withhold shipments until payment or adequate security is received. To secure all amounts owed, you grant Wilcon a purchase-money security interest in all products sold to you and their proceeds until paid in full, and you authorize Wilcon to file financing statements evidencing that interest.
5. Shipping and Delivery
Lead times and shipping estimates provided by Wilcon are estimates only and are not guaranteed delivery dates unless expressly agreed in writing. Title and risk of loss pass to the buyer upon delivery to the carrier, unless otherwise stated in your order confirmation. All sales are made F.O.B. Wilcon’s shipping point (Ontario, California), and title and risk of loss pass to you upon Wilcon’s delivery of the products to the carrier. Wilcon may make and separately invoice partial shipments. Wilcon selects carrier and routing unless you specify otherwise in writing, in which case any added cost is yours. If you fail to accept timely delivery, Wilcon may store the products at your expense and risk. You must inspect all products on receipt and give written notice of any shortage, transit damage, or visible nonconformity within ten (10) days after delivery; failure to give timely notice is acceptance and a waiver of such claims. Wilcon is not liable for, and delivery estimates are extended by, any delay or failure caused by events beyond Wilcon’s reasonable control, including acts of God, fire, flood, labor disputes, shortage or unavailability of materials, energy, or transportation, supplier or subcontractor delay, epidemic or pandemic, war, terrorism, civil unrest, cyber incident, or governmental action. No such delay entitles you to cancel the order or to any damages.
6. Returns and Cancellations
Returns and cancellations are governed by our Returns Policy, which is incorporated into these Terms by reference.
7. Quality Certifications
Wilcon Industries LLC maintains AS9100 and ISO 9001 accreditation. Certificates of conformance, calibration data, and traceability documentation are available upon request for applicable orders, subject to the terms of your purchase order. Wilcon’s accreditations and any certificate of conformance, calibration data, or traceability documentation confirm process and testing conformity only and do not create or expand any warranty beyond the express limited warranty, if any, in Section 10. Such certifications are provided solely for the specific order referenced and may not be relied upon for any other purpose.
8. Intellectual Property
All content on the Site, including text, graphics, logos, and product images, is the property of Wilcon Industries LLC or its licensors and may not be reproduced, distributed, or used without prior written permission. All designs, drawings, specifications, tooling, dies, fixtures, know-how, and manufacturing processes developed or used by Wilcon remain Wilcon’s exclusive property, and no sale conveys any license to them. Where products are made to your designs, specifications, or instructions, you represent that they infringe no third-party right, and you will defend, indemnify, and hold Wilcon harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising from Wilcon’s compliance with them.
9. Limitation of Liability
To the fullest extent permitted by law, Wilcon shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Site or products purchased, except as expressly provided in a written agreement between the parties. Wilcon’s total liability for any claim shall not exceed the amount paid for the applicable product or order. This exclusion applies regardless of the legal theory asserted, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, and applies even if a limited remedy is found to have failed of its essential purpose. In no event is Wilcon liable for lost profits, loss of use, loss of production, downtime, cost of substitute goods, damage to other property, or any third-party claim. These limitations and exclusions are a material basis of the bargain and reflect the parties’ allocation of risk, which is reflected in the prices charged.
10. Warranty
Product warranties, if any, are as stated in the applicable quote, order confirmation, or a separate written warranty document. EXCEPT FOR ANY EXPRESS LIMITED WARRANTY STATED IN THE APPLICABLE QUOTATION, ORDER CONFIRMATION, OR SEPARATE WRITTEN WARRANTY DOCUMENT, WILCON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED “AS IS.” You are solely responsible for determining that the products are suitable for your application. Any express limited warranty runs only to the original buyer, is non-transferable, and does not cover damage or nonconformity resulting from misuse, abuse, improper installation, operation outside published ratings, alteration, accident, normal wear, or your specifications or supplied materials. Wilcon’s sole obligation and your exclusive remedy for breach of warranty is, at Wilcon’s option, repair, replacement, or credit of the nonconforming product, in lieu of all other remedies.
11. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in California. The parties consent to the exclusive jurisdiction and venue of the state courts located in San Bernardino County, California, and the United States District Court for the Central District of California, and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any action arising out of or relating to these Terms or the products must be commenced within one (1) year after the cause of action accrues, or it is permanently barred. The prevailing party in any such action is entitled to recover its reasonable attorneys’ fees and costs. Because a pre-dispute jury waiver is not enforceable in California state court, the parties instead agree that any action filed in a California state court will, on either party’s motion, be resolved by general judicial reference under California Code of Civil Procedure sections 638 through 645.1, with the referee to try all issues of fact and law and report a statement of decision; in any forum where a jury waiver is enforceable, the parties waive trial by jury to the fullest extent permitted by law.
12. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Wilcon and its members, officers, employees, and agents from any claim, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your negligence or willful misconduct; (c) your use, resale, handling, installation, or application of the products; (d) products made to your designs, specifications, or instructions, or incorporating materials you supply; or (e) your violation of any law or third-party right. This obligation is in addition to, and does not limit, the indemnity in Section 8.
13. Compliance and Export Control
You are responsible for complying with all laws applicable to your purchase, resale, export, re-export, and use of the products, including the U.S. Export Administration Regulations (15 C.F.R. Parts 730–774) and, where applicable, the International Traffic in Arms Regulations (22 C.F.R. Parts 120–130) and applicable sanctions and anti-corruption laws. You will not export, re-export, divert, or transfer any product in violation of those laws, or use or resell any product for any prohibited end-use or by any prohibited end-user. You will defend and indemnify Wilcon against any claim, penalty, or loss arising from your breach of this Section.
14. Restricted and Critical-Use Applications
Unless Wilcon expressly agrees in a signed writing that specifically references this Section, the products are not designed, tested, or authorized for any application in which failure could result in death, personal injury, or catastrophic property or environmental damage, including life-support or life-sustaining devices, nuclear facilities, aircraft or spacecraft flight-critical systems, or weapons systems. Any such use is solely at your risk, and you will defend and indemnify Wilcon against all resulting claims.
15. California Proposition 65 Notice
WARNING: Certain products, including refractory materials and components, can expose you to chemicals such as respirable crystalline silica and refractory ceramic fibers, which are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov. You are responsible for providing any warnings required under California Health and Safety Code section 25249.6 et seq. to your employees, customers, and downstream users, and you will indemnify Wilcon against claims arising from your failure to do so.
16. General Provisions
You may not assign or delegate these Terms or any order without Wilcon’s prior written consent, and any attempted assignment without consent is void; Wilcon may freely assign. No modification or waiver of these Terms is effective unless in a writing signed by an authorized Wilcon representative, and Wilcon’s failure to enforce any provision is not a waiver of it. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions remain in effect. The provisions on payment, warranty disclaimers, limitation of liability, indemnification, intellectual property, compliance, and governing law, and any provision that by its nature should survive, survive completion or termination of any order. These Terms may be accepted electronically; Section headings are for convenience only; and nothing in these Terms creates any third-party beneficiary, partnership, joint venture, or agency relationship.
17. Changes to These Terms
Wilcon may update these Terms from time to time. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
18. Contact
Questions about these Terms can be directed to sales@wilconindustries.com or 951-471-0066.