All quotations are subject to change without notice, and are subject to continued availability of the quoted material. All sales are made subject to accidents, or other causes of any kind beyond our reasonable control. We will not consider an order to have been placed with us until full specifications identifying the material being ordered have been provided to us.
Unless the customer requests special packing instructions, all orders will be packed according to commercial standards for common motor freight.
SHIPPING
Unless specified, all orders will be FOB shipping point.
Shipping tolerance is +/- 10 percent of the ordered quantity unless otherwise specified and agreed upon at time of order.
Terms are Net 30 Days, unless otherwise agreed upon between the buyer and seller. A service charge of 1 1/2 % per month will be charged on all accounts past due. The Buyer will assume legal costs and collection charges incurred by Specialized Metals.
Delivery dates stated by Seller are approximate dates only and estimated in good faith to the best of our ability.
Cut material, when furnished correctly, cannot be returned for credit.
All goods are subject to prior sale.
Once Specialized Metals receives an Order, this order is not subject to cancellation without written consent. Any such cancellation shall be subject to cancellation charges and re-stocking fees.
Our liability is limited to replacement of the material or refunding the paid Invoice amount.
We certify that these goods were produced in compliance with all applicable requirements of the Fair Labor Standards Act.
The Buyer will assume any legal costs and/or collection charges incurred by Specialized Metals.
This agreement shall be governed in all respects of applicable laws of the State of Florida.
COMPLIANCE WITH LAWS. Buyer agrees to comply with all applicable laws, including but not limited to, the provisions of the Export Administration Regulations of the United States Department of Commerce and the International Traffic in Arms Regulations of the United States Department of State, as they currently exist and as they may be amended from time to time.
Return shipments must be authorized by a qualified staff member of Specialized Metals prior to any course of action. All materials are subject to minimum restocking charges. Materials proved to be defective in conjunction with our Quality Assurance department will be replaced at the discretion of Specialized Metals.
If any goods received are damaged, or if the quantities received does not agree with the quantities indicated on the shipping documents, and if you intend to assert any claim against Specialized Metals on this account, you shall mark an exception on your receipt to the carrier and shall, within fifteen (15) days after receipt of such goods, furnish us detailed written information as to any damage or shortage. You shall advise us in writing promptly after receipt of any goods, and in no event not later than thirty (30) days after such receipt of any other claim you may have against us with respect to such goods. If you have any claims against us with respect to any goods, you shall afford us a reasonable opportunity to inspect such goods. Any action for breach of this contract must be commenced within one year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period. Claims for labor will not be authorized.
If material is shipped to a buyer via carrier designated by the buyer, title and risk of loss to the material shall pass to the buyer when the material is loaded at our facility.
However, buyer must note any shortage or damage on both buyer's copy and the carrier's copy of the carrier's receipt, freight bill or delivery memo, and have both copies to be signed by the carrier's driver or representative.
Limitation of Liability: Your exclusive remedy for breach of contract as to any goods, and our only liability for any such breach, shall be replacement of such goods, or repayment to you of the purchase price paid by you for such goods, whichever such remedy we select, and if we elect to reimburse the purchase price of any such goods and so advise you, you must return such goods to us immediately. In no event will we be liable for incidental or consequential damages.
None of our agents, employees or representatives have any authority to bind us to any affirmation, representation or warranty other than those stated herein or on our delivery receipt or invoice form.
In particular, any technical advice we furnish with respect to the use of material is given without charge, and we assume no obligation or liability for the advice given or the results obtained, all such advice being given is accepted at buyer's risk.
No action against us for breach of any sales agreement may be brought more than one year after the cause of action accrues.
Our sales are made pursuant to our terms and conditions. If we receive a purchase order or other document from a buyer that limits acceptance to these terms or states that our acknowledgment, shipping of material, commencing work, or other act or failure to act constitutes acceptance of an offer on the terms of the purchase order or other document, no responding document sent by us shall be a definite and seasonable expression of acceptance of the buyer's offer. In that event, our responding documents are intended as a counteroffer, accepted when the buyer accepts shipment of any of the material described. We hereby object to any term contained in a buyer's purchase order or other document if the term is different from or in addition to the terms herein.
We warrant that all material, at the time of shipment, shall conform to description set forth on the face of our delivery receipt or invoice. We do not warrant against any non-conformity to the extent that such non-conformity results from damage, misuse, abrasion, corrosion, negligence, accident, tampering, faulty installation, improper storage, inadequate maintenance, or any other cause affecting the material after the shipment of the material.
We disclaim all other warranties with respect to material sold or services rendered, whether express or implied, including the warranties of merchant ability and fitness of the material or services for any particular purpose. By placing an order with us, a buyer affirms that the buyer has not relied upon the skill or judgment of us or any of our agents, employees or representatives to select or furnish material for any particular purpose, and the sale is made without any warranty by us that the material is suitable for any particular purpose.
Any description of the material or service contained on our sales forms or any other correspondence is for the sole purpose of identifying it and does not constitute a warranty that the material or service shall conform to that description.
We will at our option and as a buyer's exclusive remedy, replace with new material, or refund the purchase price for, material that in our opinion is defective if the buyer gives written notice of the defect to us within 30 days after receipt. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as we are willing and able to replace defective material or refund the purchase price within the time specified.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DAMAGE, INCLUDING ANY DIRECT OR CONSEQUENTIAL DAMAGE OR LOSS, ARISING FROM CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OR DAMAGE TO BUILDINGS, CONTENTS, PRODUCTS, OR PERSONS.
Buyer must immediately discontinue use of any item claimed to be defective. No charge for labor or expense required to repair defective material or occasioned by it will be allowed.
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