Terms & Conditions of Sale
These “TERMS AND CONDITION OF SALE”:
Form part and parcel of all our quotations, acknowledgements, agreements, and “other” transactions, between parties and remain in effect at all times.
ACCEPTABLE QUALITY LEVEL:
Unless otherwise specified, all products shall be delivered in accordance with industry standard practices.
All orders and quotations subject to approval at Sellers’s plant or location.
CANCELLATION OR SUSPENSION:
Cancellation or suspension of acknowledged orders will be accepted only upon terms that will indemnify us the Seller against loss.
CLAIMS, LIMIATIONS OF LIABILITY:
Seller shall not be liable for any claims, losses, labor, expenses or damages, direct or consequential resulting directly or indirectly from use of, or an inability to use, the products sold here under, including, without limitations, loss of profits, loss of production and liabilities, claims and expenses in respect of third parties. Notwithstanding the foregoing and in lieu of any warranty of merchantability or of fitness for any particular purpose or any other warranty (whether expressed or implied by operation of lay or otherwise), products proving defective in material or workmanship will be replaced, or , at Seller’s option, credit will be allowed for the original price thereof, provided written claim in respect of such products is made with in thirty days after receipt and upon written authorization of the Seller such products are returned to Seller. Seller will not accept return of any products without its written authorization.
Orders, shipments and deliveries shall at all times be subject to approval of Seller’s Credit Department.
This instrument shall constitute the complete and final agreement between the Seller and Buyer in respect of any order covered hereby, unless written notice of objection to any of the terms, conditions or provisions of this instrument, including inconsistencies between Buyer’s purchase order and this instrument, is given by Buyer to Seller promptly, or, in any event prior to commencement of performance of the work covered by such order. No change in any of the terms, conditions or provisions of this instrument and no other terms conditions or provisions, shall be binding upon the Seller unless specifically accepted by Seller in writing.
DELAYS AND INABLITY TO PERFORM:
The Seller shall be excused for any delay in performance or inability to perform, in whole or in part due to acts of GOD, riot, civil commotion, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, epidemics, factory conditions, strikes, difference with worker, delays in transportations, shortage of cars, fuel, labor, supplies or materials, or laws, regulations, or thereof requirements of the Government of the United States or Canada or any agency thereof, or any other cause beyond the reasonable control of the Seller.
All material shall be furnished subject to the standard manufacturing and commercial variations and practices of the Seller. The Seller reserves the privilege of shipping overages or underage’s of quantity at the rate of plus or minus 10%.
Prices quoted are subject to change without notice and will be adjusted to the Seller’s Price in effect at the time of shipment. Prices are based upon producing and shipping, at one time, quantities commensurate with the price quoted.
Any taxes which the Seller may be required to pay or collect, under any existing or future, lay upon or with respect to the sale, delivery, processing, use or transportation of any of the material covered hereby, including taxes upon, or measured by, the receipts from the sale thereof shall be for the account of the buyer, who shall promptly pat the amount thereof to the Seller upon demand.
TERMS OF PAYMENT:
Net 30 days.
TERMS ON TOOLS:
Net Cash, Payments for tools does not convey the right to removal tools form the Seller’s plant but the Seller agrees to maintain them during normal life at no additional expense of the Buyer. Tools, inactive for two years may be destroyed by the Seller without obligation.
A wholly owned division of The Hillman Group of Companies