Last Revised: 11/04/2025
These terms and conditions, herein referred to as the “Agreement,” shall be included with every quotation or invoice, incorporated into every agreement between the parties, and shall apply to every order placed with Hayward Turnstiles, Inc. By initiating an order with Hayward Turnstiles, Inc., you agree to be bound by these terms and conditions in their entirety. This Agreement supersedes all prior or contemporaneous agreements or understandings, whether oral or written, relating to the subject matter herein. Any different or additional terms contained in any other document or buyer’s purchase order, or other acknowledgment forms are hereby explicitly rejected. No modification to this Agreement shall be effective unless made in writing and signed by both parties. Furthermore, no verbal agreements or representations made by Hayward representatives or other employees are binding unless confirmed in writing and signed by both parties.
All quotations provided by Hayward Turnstiles, Inc. are valid for a period of 30 days from the date of quotation. Hayward Turnstiles reserves the right to revise or withdraw a quotation for any reason at any time. Quotations are based solely on the information, whether verbal or written, supplied to Hayward Turnstiles by the buyer. It is the responsibility of the buyer to provide accurate and complete information during the quotation process to ensure changes need not be made when turning a quotation into an order. In the event that insufficient or inaccurate information is provided to Hayward Turnstiles before, at the time of, or after the quotation, Hayward Turnstiles reserves the right to revise the quotation and invoice for cost increases incurred due to such insufficiencies.
Hayward Turnstiles is happy to provide design assistance to any organization that requests it. Hayward Turnstiles assumes no responsibility for the adequacy or suitability of any designs, specifications, layout drawings, requirements, and/or instructions provided by Hayward Turnstiles. Acceptance by the Buyer of any nonstandard or custom products provided by Hayward Turnstiles shall constitute an acceptance that the Buyer has reviewed the designs for such products and is satisfied that the designs meet all requirements, specifications, and standards applicable to such products.
Hayward Turnstiles reserves the right to make any changes at any time to the design and manufacture of our products without warning. Hayward Turnstiles does not incur any obligation to revise items manufactured for, or delivered to, the Buyer prior to such change. It is the responsibility of the Buyer to validate the product design and determine that the product is suitable for use in the Buyer’s intended application. The Buyer is considered to have accepted and validated the product design upon acceptance of a shipment from Hayward Turnstiles.
When an order is formally placed, the quoted price shall remain valid for a period of 1 month from the date of the order. All required forms and/or payments must be submitted and approved by Hayward Turnstiles before an order can be released to our factory for production. In the event that a customer’s order is not released to our factory for production within 1 month of the original order date due to outstanding forms, payments, or other delays caused by the customer, Hayward Turnstiles reserves the right to change prices on the order to reflect the current pricing or cancel the order at its discretion. In the event that the customer changes their order after the order is placed, Hayward Turnstiles reserves the right to change the delivery timeline to reflect added production time needed to implement the client’s requested changes.
Companies may only purchase products from Hayward Turnstiles, Inc. if they will be conducting the installation of the products themselves. We do not provide warranty coverage for products purchased by companies that employ third-party companies to install the products on their behalf. Third-party installation of our products may void warranty coverage. This policy is implemented to ensure proper installation, maintain product integrity, increase customer satisfaction, and prevent warranty disputes.
Our standard payment terms are based on the premise that turnstiles are inherently custom made to order based on job requirements. Our standard payment terms are 50% deposit due before production commencement. The customer is required to pay a 50% deposit before we can pass the order along to our production department for production commencement. The remaining 50% balance payment is due at production completion before we release your order for shipment. Orders cannot be released for shipment if there are any outstanding balances on the order or if the account is subject to an active Accounting Hold.
Credit terms are determined upon completion and acceptance of a Hayward Turnstiles credit application, where the customer’s financial rating and payment history will be evaluated to determine the payment terms. Standard credit terms, if granted, are Net 30 days from either the date of production completion or the specified projected ship date, whichever comes later. Hayward Turnstiles may conduct credit checks or request financial statements from customers and their credit references to evaluate customers’ creditworthiness. Hayward Turnstiles reserves the right to deny credit terms for any reason. Hayward Turnstiles reserves the right to modify payment terms at any time for any reason. For credit term inquiries, please contact accounting@haywardts.com, and a representative from our accounting department will assist in reviewing your eligibility for credit terms. Failure to maintain timely payments may result in the placement of an Accounting Hold as outlined below.
Hayward Turnstiles, Inc. may place a customer’s account on an Accounting Hold if either of the following occurs: the customer’s past due balance equals or exceeds two hundred thousand dollars ($200,000), or any portion of the balance remains unpaid more than sixty (60) days past the invoice due date. Accounting Holds apply only to customers designated by Hayward Turnstiles as Partners. For purposes of this Agreement, a Partner refers to any installer, contractor, or reseller that has been formally onboarded by Hayward Turnstiles, receives partner installer or reseller pricing, is eligible to receive referred project leads from Hayward Turnstiles, or collaborates with Hayward Turnstiles on projects involving mutual customers. All other customers remain subject to the Late Fees provision and any other applicable remedies described in this Agreement.
When an account is placed on Accounting Hold, Hayward Turnstiles may, at its sole discretion, suspend the referral of new leads or project opportunities to the Partner and withhold shipment of any new or existing orders until the hold is released. By default, an Accounting Hold will be lifted only after Hayward Turnstiles has received payment in full of all past due amounts. However, Hayward Turnstiles may, at its sole discretion, release a hold earlier if the account no longer meets the triggering criteria described above or if a written payment arrangement acceptable to Hayward Turnstiles has been established and the Partner remains in compliance with that arrangement. Any early release may be conditioned upon additional assurances deemed reasonable by Hayward Turnstiles, including but not limited to partial payments, security deposits, or other payment guarantees.
Placement of an Accounting Hold serves as an additional remedy and does not waive or limit any other rights or remedies available to Hayward Turnstiles, including the right to assess late fees, pursue collection, or seek damages. Partners will be made aware when their account is placed on Accounting Hold; however, it is the Partner’s responsibility to monitor its account status and ensure timely payment to avoid interruption of business activity. Hayward Turnstiles provides multiple reminders regarding outstanding balances as a courtesy, but failure to receive or acknowledge such reminders does not exempt a Partner from the consequences of nonpayment. Nothing in this section shall limit Hayward Turnstiles’ right to pursue any other collection or enforcement remedy, including legal action, lien filing, or withholding of additional services until all outstanding obligations are satisfied.
It is the goal of Hayward Turnstiles to ship orders as soon as production is completed. Customers are notified of production completion by phone, email, or both. Hayward Turnstiles requires the customer to confirm in writing that they authorize Hayward Turnstiles to ship their order. When customers do not provide that confirmation of shipment authorization, Hayward Turnstiles must store the order until the confirmation of shipment authorization is provided by the customer. Hayward Turnstiles reserves the right to charge storage fees on orders that have been stored at our factory for a period exceeding 14 days beyond either the completion of production or the projected ship date, whichever comes later. Storage fees will be calculated based on a $25.00 per pallet per day fee structure. Customers will be notified of the storage fees and must settle the fees promptly to avoid additional charges.
Lead times are provided on a case-by-case basis. These lead times commence after all required forms and deposit payments are processed, meaning the order is released for production. Estimated production completion dates are provided after orders are released for production. Lead times and estimated production completion dates are projections and should not be considered definite. Lead times and estimated production completion dates are subject to change without warning due to unforeseen circumstances or other external factors beyond Hayward Turnstiles’ control.
Unless otherwise agreed upon by Hayward Turnstiles and the Buyer in writing, North American orders will be shipped using an LTL carrier of Hayward Turnstiles’ choosing to the ship-to address indicated at the time the order was placed. Risk of loss will transfer to the Buyer when they receive the order. Hayward Turnstiles is not responsible for inaccurate or incorrect shipping information. Any fees associated with delivery address changes after orders have shipped shall be the sole responsibility of the Buyer. We welcome order pickups, and relevant information such as weights, dimensions, pickup address, and coordination details can be provided upon request. Please note that a handling charge may apply for self-coordinated pickups. We do not ship with a customer’s account number, nor can we ship collect. Unless otherwise agreed upon by Hayward Turnstiles and the Buyer in writing, international deliveries of products will be EXW (EX Works as defined by Incoterms 2020). Risk of loss will pass to the Buyer at the EXW point. Processing fees may apply. Hayward Turnstiles shall have no liability for direct, indirect, special, incidental, or consequential damages due to failure for any reason to meet scheduled ship dates.
Freight estimates provided by Hayward Turnstiles are valid for 30 days from the date of the quotation unless specified otherwise. Freight estimates are provided for informational purposes and are subject to change at any time. These estimates are based solely on the information, whether verbal or written, provided by the purchaser at the time of quoting. Due to possible discrepancies between the estimated and actual information at the time of shipment, the freight prices provided in the quotation are not binding upon Hayward Turnstiles for the final cost estimate. Actual shipping costs may vary based on factors such as weight, classification, zip codes, and additional services required. Any differences in freight costs will be invoiced accordingly as the customer is responsible for any additional costs.
In the event of non-payment or past due invoices, Hayward Turnstiles reserves the right to charge a late fee of 2% per month on the outstanding balance. The late fee will be calculated from the date the payment was due until the date of full payment. By placing an order with Hayward Turnstiles, the customer acknowledges and agrees to the assessment and payment of late fees as outlined in this agreement. The customer is responsible for all costs associated with the collection of late fees, including legal fees if applicable and necessary. Late fees apply to all customers; however, authorized partner installers may also be subject to Accounting Holds as described in this Agreement. The customer shall be responsible for all costs of collection, including reasonable attorney’s fees, court costs, and administrative expenses incurred by Hayward Turnstiles in enforcing payment obligations.
The customer may cancel an order at any time before the order ships from our factory. Once the order ships from our factory, it is the property of the customer. Cancellation requests must be submitted via email to sales@haywardts.com as soon as possible. Upon receipt of a cancellation request, Hayward Turnstiles will assess the progress of the order and the costs incurred up to the point of cancellation. Hayward Turnstiles reserves the right to collect a cancellation penalty, which will be determined on a case-by-case basis. The cancellation penalty may include costs for work already completed, materials, labor, administrative expenses, non-refundable fees or charges imposed by suppliers or subcontractors, and any additional costs associated with reversing or halting the production process. Hayward Turnstiles reserves the right to invoice in full for special and/or custom orders that are canceled. Details of the cancellation penalty will be communicated to the customer, and the penalty amount will be deducted from any payments already made. Any remaining balance will be refunded accordingly. If the customer has not made any payments at the time of cancellation, the cancellation penalty will be due in full immediately. Late fees as described in our “Late Fees” section of this terms and conditions document will apply to this penalty payment due.
All sales are final unless expressly authorized in writing by Hayward Turnstiles, Inc. Authorized returns may be subject to restocking or handling charges as determined by Hayward Turnstiles. Returned products must be unused, in original condition, and shipped prepaid. Custom or nonstandard products are nonreturnable.
To the fullest extent permitted by law, Hayward Turnstiles, Inc. and its officers, directors, employees, agents, and affiliates (collectively referred to as “Hayward Turnstiles”) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by the customer or any third party, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in connection with the use or performance of Hayward Turnstiles’ products or services. In no event shall the total liability of Hayward Turnstiles, whether arising under contract, tort, or any other legal theory, exceed the total amount paid by the customer to Hayward Turnstiles for the specific product or service giving rise to the claim. Hayward Turnstiles shall not be liable for any delay or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of terrorism, war, strikes, labor disputes, government actions, supplier or subcontractor delays, or any other event or circumstance that is unforeseeable and beyond the control of Hayward Turnstiles.
The customer agrees to indemnify, defend, and hold harmless Hayward Turnstiles, Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or resulting from the customer’s installation, use, or resale of Hayward Turnstiles’ products, except to the extent caused by Hayward Turnstiles’ gross negligence or willful misconduct.
Hayward Turnstiles shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or supply chain disruptions. In such events, performance times shall be extended for a period equal to the delay caused. If performance becomes impracticable for more than 120 days, Hayward Turnstiles may terminate the affected order without liability.
Any dispute, claim, or legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Connecticut. The parties hereby consent to the personal jurisdiction of such courts and waive any objection based on venue or inconvenience of forum.
This Agreement will be construed and governed by the laws of the State of Connecticut.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Obligations related to payment, indemnification, confidentiality, and limitation of liability shall survive termination or completion of any transaction governed by this Agreement.
This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, representations, or understandings, whether oral or written. The customer acknowledges that it has not relied on any statements, representations, or promises except those expressly set forth in this Agreement.
The customer agrees not to make any false or misleading statements, whether written or oral, that could reasonably be expected to harm the reputation or goodwill of Hayward Turnstiles. Hayward Turnstiles reserves the right to suspend partner benefits or terminate business relationships with any customer who violates this provision.
By engaging in business with Hayward Turnstiles, the customer consents to receive communications electronically, including invoices, payment reminders, and marketing materials. Hayward Turnstiles may store and process customer data in accordance with applicable privacy laws for the purpose of fulfilling orders, managing customer relationships, and maintaining accurate account records.