Terms of Sale
TERMS AND CONDITIONS OF SALE
- APPLICABILITY. Buyer accepts these Terms by placing an order online, signing and returning Seller’s quotation / order sheet, by sending a purchase order in response to the quotation, or by Buyer’s instructions to Seller to ship the Product. No terms, conditions or warranties other than those identified here and in quotation are applicable. No agreement or understanding, oral or written, in any way purporting to modify the terms and conditions whether contained in Buyer's purchase order or shipping release forms, or elsewhere, shall be binding on the Seller.
- CANCELLATION. Cancellation of all or part of any order are subject to Seller’s prior written authorization and consent in each instance. Production orders, Cut orders, Custom orders, Special orders and Welded orders are non-cancelable. No refunds, no returns & no exceptions can be made. If Seller allows a cancellation or modification, Buyer agrees to pay to Seller Cancellation Fee required and any expenses incurred by the Seller on account of the cancellation.
- PRICE. Prices on website and in any Sales Quotes from Seller are subject to change. All quotes are subject to material availability and price fluctuations until firm order is placed by the buyer with payment and confirmed by the Seller.All stated prices are exclusive of any taxes, fees, duties. If any exemption certificate presented by Buyer is held to be invalid, then Buyer will pay Seller the amount of the Tax and any penalties and interest related thereto.
- PAYMENT. Payment of all orders are due at the time the orders are placed. Credit Card payments are charged at the time of order. Buyer may apply with Paypal to receive extended payment terms directly with Paypal. Offline Payments are also due at the time orders are placed. Checks are sent for funds to clear before orders are placed in production and shipping schedules.
- DELIVERY; SHIPPING. Motor Freight Shipping Costs do not include LIFT GATE SERVICE or unloading. Driver will bring the order to the edge of the truck. If buyer requests Lift-gate or unloading service from the delivering carrier, extra charges will apply and will be billed directly to you by the carrier. Motor Carriers will not deliver your order in your absence, you must be present to receive it, verify count per packing list and sign for it. In no event, will any claims or discrepancy issues be accepted after 7 days of receipt of order. Seller reserves the right to communicate any correction to the shipping charges for buyer’s approval. Seller reserves the right to use any ground service it deems expedient to ship. Additional shipping charges may apply if products selected/ordered are shipped from multiple locations. Seller reserves the right not to accept the order if applicable shipping charges are not applied or subsequently not agreed to. In that case the purchase amount will be promptly refunded.
- LIMITATIONS OF LIABILITY.IN NO EVENT WILL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR UNDER- UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST DATA, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
- NO LICENSE.The sale of the Products will not confer upon Buyer any license, express or implied, under any patents, trademarks, trade names, or other proprietary rights owned or controlled by Seller, its subsidiaries, affiliates, or suppliers; it being specifically understood and agreed that all the rights are reserved to Seller, its subsidiaries, affiliates, or suppliers. Without limiting the foregoing, Buyer will not, without Seller’s prior written consent, use any trademark or trade name of Seller in connection with any the Products, other than with respect to the resale of the Products pre-marked or packaged by or on behalf of Seller.