Terms and conditions of E-Commerce orders
- The following terms and conditions apply to this sales order.
- DEFINED TERMS: The following terms have the following meanings ascribed to them:
- Seller or Metalsupermarkets.com or Metal Supermarkets: 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 or Customer
- Buyer: You acting as the purchaser of products and/or materials Seller.
- Standard UPS Shipping: For all orders, the default shipping method is UPS standard ground shipping, at the Buyer’s expense. Metalsupermarkets.com is integrated with the UPS pricing database, and all actual shipping charges are shown on the confirmation page prior to purchase.
- Non standard UPS Shipping: Other UPS shipping options (Next Day Air, Second Day Air) are also available through Metalsupermarkets.com, at the Buyer’s expense.
- Non standard UPS Shipping: Other UPS shipping options (Next Day Air, Second Day Air) are also available through Metalsupermarkets.com, at the Buyer’s expense.
- For shipping options other than UPS the following conditions apply: FedEx, common carriers, etc, are also at the Buyer’s expense, but require special arrangements through a Metal Supermarkets representative.
- When Metalsupermarkets.com 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 Metal Supermarkets customer service representative. Any order placed without special instructions will be shipped via UPS standard ground, at Buyer’s expense.
- C.O.D. shipments are not accepted by Metalsupermarkets.com, unless previous arrangements for such have been made and approved by Metal Supermarkets. If non C.O.D. shipments are approved by Metal Supermarkets, they are subject to Metal Supermarkets credit approval, and all invoices for products purchased must be paid according to the credit terms granted.
- Prices are subject to change without notice.
- ONLINE ORDER: Pricing obtained on the website may not be available through local branches. 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.
- If it is necessary to back order any item(s) Metalsupermarkets.com will notify the Buyer via email of the back ordered item and advise the expected due date. Metalsupermarkets.com reserves the right to hold orders for back-ordered items until the entire order is complete prior to shipment.
- Technical advice: None of Seller's agents or employees have any authority to bind Seller to any affirmation, representation or warranty other than that stated on Seller’s delivery receipt or invoice form. Any technical advice we furnish with respect to the use of material is given without charge, and Metalsupermarkets.com 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.
- 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 to the material 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 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.
- Order Cancellation & Returns: Buyer may NOT - except with the prior written consent of Metalsupermarkets.com - cancel an order or return material.
- AGREEMENT. By ordering the goods described herein Buyer agrees to 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 an authorized representative of Seller and delivered to Buyer. Any different or additional terms in Buyer’s acknowledgement, purchase order or other document of Buyer are hereby rejected, notwithstanding Seller’s act of shipping goods or similar act of Seller. If this offer shall be deemed an acceptance of a prior offer by Seller, such acceptance is expressly conditioned on Seller’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 Seller’s Chief Financial Officer.
- TERMS OF PAYMENT. Invoices as of the date of shipment covering direct mail shipments 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 Seller’s Credit Department, and Seller 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 Seller’s Credit Department.
- TITLE. All goods delivered from Seller’s stock, on any sale shall be complete, and title shall pass upon actual delivery at the place where the Buyer received possession of the goods, and on all direct mail shipments shall be complete, and title shall pass at the place from which shipment is made.
- FORCE MAJEURE. Failure of Seller 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 Seller’s control shall not subject Seller to any liability to Buyer.
- 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 Seller, Buyer shall discontinue their use and immediately notify Seller of such condition and afford Seller 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 Seller. Seller 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.
- 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. Any representations or certifications by Seller shall be limited by the foregoing. In addition to the foregoing, Seller 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.
- DISCLAIMER OF WARRANTIES. Seller 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 SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL SELLER 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, Seller’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.
- ENFORCEMENT of TERMS; NO WAIVER. Any forbearance or failure of Seller 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 Seller’s rights, and no such forbearance or failure shall be construed as a waiver of Seller’s rights to act or to enforce each and every such provision.
- DEFAULT. If Buyer fails to fulfill the terms of payment on any order, Seller may defer further shipments until such payments are made, or may, at its option, cancel the order. Seller 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 Seller to suspend shipments until such security is furnished, and, at Seller’s option, to cancel the order.
- PRICES; TAXES. Unless otherwise indicated, prices are exclusive of all city, state and federal tax. Any taxes which Seller 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 Seller on demand.
- 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.
- MODIFICATION. No agreement or understanding in any way, modifying the conditions of this order shall be binding upon Seller unless made in writing and approved by Seller. Extras will be paid for only on the prior written order of Seller.
- ENTIRE AGREEMENT. This order together with these terms and conditions constitutes the entire final written agreement between the parties and is a complete and exclusive statement of all the terms of such agreement.
- ASSIGNMENT. Seller may assign this order and its interest therein to any affiliated corporation, franchisee, agent, or to any corporation succeeding to Seller’s business without the consent of Buyer.
- 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.
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