Terms of sale are COD prior to delivery unless otherwise indicated in writing.
All orders are subject to approval and acceptance by seller on its order form. The order is our interpretation of your order and is issued by seller incorporating by reference all of the provisions contained herein and any conflicting provision of a purchase order issued by buyer shall be of no force and effect. It shall by buyer’s responsibility to notify seller immediately of any discrepancies.
Buyer assumes responsibility for the accuracy of verbal orders unless written notification is received prior to fabrication. Confirming orders should be marked ‘Confirming Order ’ Do Not Duplicate’.
Buyer may arrange for pick up of order at seller’s plant if agreed to by seller prior to fabrication. All orders are otherwise considered delivered by seller or seller’s freight lines.
Buyer will reimburse seller for the cost of storing material if shipment is delayed by buyer and will assume damages to the materials caused by excessive deterioration.
Seller warrants its products against failure due to defective workmanship, provided, however, that seller’s liability shall be limited to the replacement of defective parts, FOB seller’s plant. Seller does not warrant products which are not manufactured by seller except to the extent of the warranty the seller may actually receive from the manufacturer. Seller makes no warranty, express or implied, as to the merchantability or fitness for any particular purpose of the property sold under this contract.
Claims for shortages or defective materials must be made in writing within five (5) days after receipt of shipment, or shall be conclusively waived.
Buyer may submit a request for change order to seller adding, deleting or altering the quantity, description or specification of material ordered. Seller shall, upon receipt of request for change order, price the requested changes and send to buyer a price quotation thereof. Seller shall be under no obligation to accept to perform a request for change order unless buyer accepts in writing, without alteration or adjustment, the change order at the prices and terms quoted by seller.
Orders cancelled after signed confirmation of an order may be subject to a restocking fee at the sole discretion of the seller.
This agreement constitutes the entire agreement of the parties herein.