TERMS AND CONDITIONS OF SALE
The Following terms and conditions of sale listed below constitute the entire agreement of the buyer and Mechanical Metals Inc. relating to goods sold or services by Mechanical Metals Inc. Our Terms & Conditions are in place for all and any orders or transactions for agreement of sales and cannot be changed or altered unless agreed upon by both parties prior to sale in writing to be signed by both parties. Acceptance of these terms and conditions is understood as the confirmation of an order either by oral phone orders, or written (email, regular mail, purchase order form, or acceptance of quotation) and buyer agrees to these terms and conditions as a result and buyer agrees to this contract in its entirety. It is the buyer’s responsibility to make sure all sizes and quantities are correct. Any changes to orders whatsoever will require written documentation at time of order and not responsibility of Mechanical Metals, Inc.
- All sales are made subject to the following terms and conditions; Mechanical Metals acceptance of any purchase orders for goods is expressly made conditional on Purchaser’s assent to these terms and conditions.
- Prices are subject to change without notice & will be in effect at time of shipment.
- Payment Terms are determined at time of or before order is placed, but buyer agrees to pay the net price of goods as well as all shipping costs (and any other related charges to order).
- Deposits are normally required for custom made orders, or fabricated items with the balance due upon shipment. If buyer fails to pay balance the seller may keep deposited funds and cancel order if not paid for materials and or services provided.
- Buyer is responsible for all applicable sales taxes (buyer will pay or reimburse seller for any sales, use, excise, occupational or other tax arising directly or indirectly from sale or transaction.
- All freight prices are F.O.B (our mill or warehouse) located in Newtown, PA, based on estimated weight and subject to change at time of actual order. All Freight Shipping charges will based upon shipping from our location unless otherwise determined in quotations or customer preferred trucking company or Pick-Up by customer/buyer.
- The Buyer’s issuing of a Purchase Order and/or credit card number to the Company (in whatever manner communicated) is an offer to enter into a contract upon these Conditions. Acceptance occurs and the contract is formed upon the Company dispatching to the Buyer a Mechanical Metals Inc. Invoice or other correspondence. Any terms or conditions proffered at any time by the Buyer are hereby excluded.
- The Contract is not cancelable by the Buyer without express written consent of an authorized person on behalf of the Company and subject to sub-clause 1(a) below.
- If the Company agrees cancellation by the Buyer, the Buyer shall indemnify the Company in full against all expenses incurred or losses suffered by the Company as a result of such cancellation.
- The Company’s employees are not authorized to make any representations concerning the Goods.
- Delivery Lead-Times: Delivery dates are estimates only. Any delivery dates listed in quotes or on Invoices are estimated and are in no-way shall make the seller (Mechanical Metals Inc.) responsible for project delays, damages or any other costs. Mechanical Metals will attempt to meet any reasonable delivery dates discussed in any correspondence prior to placing an order, but will in no event be responsible or liable to buyer or any third party for any damages or other costs including incidental or consequential damages resulting from any delay in the shipment or delivery of goods regardless of the cause of such a delay. Any delay in delivery or non-delivery by seller shall NOT BE A BREACH OF THIS ORDER if performance is made impractical by the occurrence of the following: (a) floods, fires, or other, (b)ares, riots, commotion, embargoes, govt. regulations or martial law; (c) SELLER’s Inability to obtain the necessary materials (Finished or otherwise) form its usual sources of supply; (d)shortage of trucks or delays in transit; (e) existing or future strikes or any other labor troubles affecting shipments, whether involving employees of SELLER or others, and regardless of responsibility or fault on the part of the employer and other contingencies of manufacture or shipment, whether or not of a class or kind mentioned herein and not within SELLER’S control. Any delivery to a site constitutes a delivery to customer/buyer, regardless of whether customer is at delivery site at time of delivery. Mechanical Metals, Inc. is not responsible for delays in deliveries or expected lead-times, and customer waives any claims for damages arising by virtue of delay regardless of the cause of that delay. If any delivery delay arises, Mechanical Metals, Inc. reserves the right to make the delivery of goods in installments until order is completed and buyer is responsible for all resulting freight bills in such an occurrence. Any results in costs overages such as, manpower, crane schedules, or storage fees as the result of the delivery delay is not the responsibility of the Seller, Mechanical Metals, Inc. The seller will do all and anything within our control to make timely deliveries, but will not pay for any charges due to a delay.
- Shipments: Seller will determine method of shipment unless otherwise requested from buyer. Any shipments made by seller are shipped via. common-carrier truck, and billed to customer as separate charge or line item on Invoice. Once material has shipped from Mechanical Metals, Inc. title to the goods hereunder passes from Seller to buyer and all risk of loss or damages will pass to buyer and freight carrier. Any damage claims are to be made directly to carrier of freight. Any delay by carrier is not responsibility of Seller.
- Return of Goods: Seller will have no responsibilities or obligation whatsoever regarding goods returned or refused without authorization by seller in writing. Goods returned without authorization will be refused and buyer must pay any and all resulting freight costs. Any returns shipped collect will refused or charged to customer. Any refused orders due to delivery lead-time delay will not be accepted without our authorization and detailed statement for reasons of return. The buyer will be responsible for all freight charges as well as any freight charges that resulted from a return of goods, plus any incurring charges. If material is damaged in transit, it should be held and stored indoors (at buyers expense) until freight carrier claims department can determine cause of such damages. All returned items will be subject to (30%) restocking, handling and inspection fees. Any material that needs to be returned must be first authorized by Mechanical Metals, Inc. and cannot be refused or return due to a delay in the shipment. The only authorized return that will be accepted by the Seller will be stock items or similar. Non-Stock, specially fabricated, or specialty materials, damaged, dirty, or unusable materials will not be able to be returned for credit. Any material made for or produced for the specific buyer will not be returned for credit unless determined and authorized by Mechanical Metals. In the event of an order that is authorized for return, seller will instruct buyer on how to return the goods and trucking company to ship it by, and will determine at that time to repair, replace, or issue credit for goods to accommodate the buyer, but in no-way will the seller be liable for incidental or consequential damages of buyer or third party. All orders will have 2-3days after receipt of shipment to examine goods and will be deemed as accepted after that that 2-3 day period. If within the 2-3 day period a written notice will be required to start any return process.
Any material return must be Authorized by Mechanical Metals
Inc. prior to return. Material must be in same condition as
when material was shipped. Any credit will not be issued until
authorized by Officer of Mechanical Metals Inc. Refusal of
shipment does not authorize a return credit. Custom material
cannot be retuned under any circumstance unless authorized by
Mechanical Metals Inc. All Sales are Final.
- All claims for material damaged in transit are to be filed with the freight carrier by the customer. Unless delivered by our local delivery truck.
- No waiver of the Company’s rights under the contract shall be effective unless in writing signed by a Director of the Company. A waiver shall apply only to the specific circumstances in which it is given and shall be without prejudice to the enforcement of a Company’s rights in relation to different circumstances or the recurrence of similar circumstances. The terms of this agreement supersedes all prior agreements between customer and Mechanical Metals, Inc.
- All orders must be confirmed by “Customer” via Purchase Order, verbal phone order, email, or fax Commitment. Otherwise, the receipt Customer’s credit card or check, is and will be the their intention of ordering/purchasing and Customer’s commitment of order to Mechanical Metals Inc. By signing our credit-card authorization form or customers purchase order is an agreement of the terms and conditions detailed in this document. An agreement to an order is subject to these terms and conditions.
- Any material(s) that are ordered, that needs to be; cut, slit, bent, sheared, formed, punched, painted, polished, anodized or any other application or service applied to it, shall be considered “Non-Stock” item, and will need to be Pre-Paid before delivery. (unless open account has been previously established). Any of this material will be considered Customers exclusive material. It cannot be cancelled or refused for any reason, unless Mechanical Metals Inc. agrees an error has been caused on our side.
- Returns: Any material return must be Authorized by Mechanical Metals Inc. prior to return. Material must be in same condition as when material was shipped. Any credit will not be issued until authorized by Officer of Mechanical Metals Inc. Refusal of shipment does not authorize a return credit. Custom material cannot be retuned under any circumstance unless authorized by Mechanical Metals Inc. All Sales are Final.