The following terms and conditions apply to any sales using Metal Supermarkets E-Commerce site.
1. DEFINED TERMS: The following terms have the meanings ascribed to them below:
i. Seller or Metalsupermarkets.com or Metal Supermarkets or MSC all mean Metal Supermarkets (Chicago) Ltd., or its designated agent or subcontractor that it has in its sole discretion utilized in fulfilling sales order placed by Buyer
ii. Buyer: You, the party purchasing products and/or materials and/or services from MSC.
2. STANDARD USE OF UPS FOR SHIPPING: The default shipping method is UPS standard ground shipping, at the Buyer’s expense. MSC is integrated with the UPS pricing database, and all shipping charges are shown on the confirmation page prior to purchase.
3. NON STANDARD UPS SHIPPING OPTIONS: Other UPS shipping options (Next Day Air, Second Day Air) are also available through MSC, at the Buyer’s expense. Contact MSC via
ecommhelp@metalsupermarkets.com or call 1 866 404 2109 to discuss options.
4. OTHER SHIPPING OPTIONS: Shipping options other than UPS such as FedEx or common carrier are available at the Buyer’s expense, but require special arrangements. Contact MSC via
ecommhelp@metalsupermarkets.com or call 1 866 404 2109 to discuss.
5. SHIPPING RESTRICTIONS: When MSC detects an order that cannot be shipped via UPS or one of its other contracted common carriers, the Buyer will be notified/contacted (via email or phone) by a MSC customer service representative.
6. C.O.D. SHIPMENTS NOT ACCEPTED: C.O.D. shipments are not accepted by MSC, unless previous arrangements for such have been made and approved by MSC. If non C.O.D. shipments are approved by MSC, they are subject to MSC credit approval, and all invoices for products purchased must be paid according to the credit terms granted.
7. PRICE CHANGES: Prices are subject to change without notice.
8. ONLINE ORDER CONDITIONS DO NOT APPLY TO ALL BRANCHES: Pricing obtained on the website may not be available through local branches. Pricing may vary. Local branches may not stock the item. The website system is to be used for online ordering only, and that phone calls to local branches should not be made in connection with, or in addition to, online quotes or purchases. The local store may not even be aware of the quote/order. Shipping/handling charges will be added to the quoted price.
9. BACK ORDERS: If it is necessary to back order any item(s) MSC will notify the Buyer via email or telephone of the back ordered item and advise the expected due date. MSC reserves the right to hold orders for back-ordered items until the entire order is complete prior to shipment.
10. TECHNICAL ADVICE: None of MSC’s agents or employees have any authority to bind MSC to any affirmation, representation or warranty other than that stated on MSC’s delivery receipt or invoice form. Any technical advice we furnish with respect to the use of material is given without charge, and MSC assumes no obligation or liability for the advice given or the results obtained, all such advice, verbal or written, being given and accepted solely at the Buyer's risk.
11. TITLE AND RISK OF LOSS: If material is shipped to a Buyer via a carrier designated by the Buyer (a non standard, non UPS shipping method), title & risk of loss shall pass to the Buyer when the material is loaded at shipping point. For all standard UPS ground shipments, there is a period of up to 8 business days after shipment to file a claim for lost material. Replacement before this time is at Buyer’s sole expense. If material is claimed lost after 8 business days, Buyer will receive credit for the lost order unless our shipping agent’s record confirms delivery.
12. ORDER CANCELLATION AND RETURNS: Buyer may NOT - except with the prior written consent of MSC - cancel an order or return material.
13. AGREEMENT: By ordering the goods described herein Buyer agrees to all the terms and conditions set forth herein and in any attachments hereto, none of which may be added to, modified, superseded or otherwise altered except by written instrument signed by the President or a Vice-President of MSC and delivered to Buyer. Any different or additional terms in Buyer’s acknowledgement, purchase order or other document of Buyer are hereby rejected, notwithstanding MSC’s act of shipping goods or similar act of MSC. If this offer shall be deemed an acceptance of a prior offer by MSC, such acceptance is expressly conditioned on MSC’s written assent to any additional or different items contained herein. Acceptance of orders and deliveries there under, are at all times subject to the approval of MSC’s President or a Vice-President.
14. TERMS OF PAYMENT: Invoices are due and payable in lawful money, upon the issuance thereof unless otherwise specifically agreed in writing. The acceptance of any order or specification and terms of payment on all sales and orders is subject to approval of MSC’s Credit Department, and MSC may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to MSC’s Credit Department.
15. TITLE: All sales shall be deemed completed, and title shall pass, upon actual delivery at the place where the Buyer received possession of the goods, and on all direct shipments shall be completed, and title shall pass, at the place from which shipment is made.
16. FORCE MAJEURE: Failure of MSC to deliver hereunder, or delay in making shipments, if occasioned by fire, explosion, flood, earth-quake, war, riots, insurrection, civil disturbance, accident, storm, interruption or delay of transportation, shortages, strike or other labor dispute, inability to obtain materials and supplies, acts of government, any act of God, or any other causes of like or different character beyond MSC’s control shall not subject MSC to any liability to Buyer.
17. BUYER’S DUTY TO INSPECT: Buyer must immediately inspect all material for shortages, conformity with order and defects. If goods appear not to conform to the contract between Buyer and MSC, Buyer shall discontinue their use and immediately notify MSC of such condition and afford MSC a reasonable opportunity to inspect the same. No material will be taken back and credited or replaced unless arrangements for return have been made with MSC. MSC may, at its option, replace those products proven defective or allow credit for an amount not exceeding the sum of the original purchase price thereof.
18. PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES: All products are produced subject to (i) mill tolerances and variations in respect of dimension, weight, straightness, section, surface conditions, composition, mechanical properties, internal conditions, and quality; (ii) deviations from such tolerances and variations consistent with practical testing and inspection methods and (iii) regular mill practices with respect to over and under shipments. In furtherance to the foregoing, MSC offers products to Buyer, and ordered by Buyer cut to size according to the following cutting tolerances; long products such as, rod, bar, tube, and structural products, with the exception of the random full length 10-12" pieces have a guaranteed cut to size tolerance of +0.125" -0.000", flat products such as sheet and plate items have cut to size tolerances that are +/-.063. Any representations or certifications by MSC shall be limited by the foregoing.
19. DISCLAIMER OF WARRANTIES: Subject to the terms herein, including clause 18, MSC warrants only that the goods are as described. THE GOODS SOLD UNDER THIS AGREEMENT ARE PURCHASED BY THE BUYER "AS IS" AND "WITH ALL FAULTS" AND MSC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
20. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: UNDER NO CIRCUMSTANCES SHALL MSC BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOODWILL, LOST SALES OR PROFITS, WORK STOPPAGE, DELAY, PRODUCT FAILURE, IMPAIRMENT OF GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, and in any case, MSC’s liability for any and all losses and damages sustained by Buyer and others rising out of or by reason of this contract shall not exceed the original purchase price of the products upon which liability is founded.
21. ENFORCEMENT of TERMS; NO WAIVER: Any forbearance or failure of MSC to enforce any provision of these terms and conditions or to exercise any right arising from any default of Buyer hereunder shall not affect or impair MSC’s rights, and no such forbearance or failure shall be construed as a waiver of MSC’s rights to act or to enforce each and every such provision.
22. DEFAULT: If Buyer fails to fulfill the terms of payment on any order, MSC may defer further shipments until such payments are made, or may, at its option, cancel any order. MSC reserves the right, even after partial shipment on account of any order, to require from Buyer satisfactory security for performance of Buyer’s obligations, and refusal to furnish such security will entitle MSC to suspend shipments until such security is furnished, and, at MSC’s option, to cancel the order.
23. PRICES; TAXES: Unless otherwise indicated, prices are exclusive of all city, state and federal tax. Any taxes which MSC may be required to pay or collect under any existing or future law upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption, of any of the materials covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of Buyer and Buyer shall promptly pay the amount thereof MSC on demand.
24. CONFLICT WITH APPLICABLE LAW: SEVERABILITY: No term or condition herein shall be effective or binding to the extent that it may be illegal or require an illegal action. If any provision of these terms and conditions shall be judged by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such adjudication shall not affect or modify any other provision of these terms and conditions and the effect thereof shall be confined to the provision as to which such adjudication is made.
25. MODIFICATION: No agreement or understanding in any way, modifying the conditions of this order shall be binding upon MSC unless made in writing and approved by MSC. Extras will be paid for only on the prior written order of MSC.
26. ENTIRE AGREEMENT: This order together with these terms and conditions constitutes the entire and final agreement between the parties and is a complete and exclusive statement of all the terms of such agreement.
27. ASSIGNMENT: MSC may assign this order and its interest therein to any affiliated corporation, franchisee, agent, or to any corporation succeeding to MSC’s business without the consent of Buyer.
28. INTERPRETATION: This order shall be construed according to laws of the state that the material or product is being shipped from. The application of the United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded.