Terms and Conditions

Terms and Conditions of Sale

Purchasing Terms and Conditions

All materials furnished on this order shall be of good quality and shall be subject to Buyer’s inspection and approval any time after delivery at destination.  Materials other than those specified shall not be substituted, without Buyer’s written authority.  If materials are rejected, Buyer shall have the option, at Seller’s risk and expense, of returning them or of holding them subject to Seller’s instructions.

If there are excessive rejections on any shipment made against this order, and the buyer finds it necessary to retain the shipment and inspect it 100% or to do any repair work on the goods included in the shipment, a charge of $15.00 per man hour covering such inspection or repair work will be made against the seller.

The quantity of material specified on this order shall not be exceeded without Buyer’s written consent first obtained.

All material shall be forwarded in accordance with Buyer’s instructions, or in the absence of such instructions, by the route taking the lowest transportation rate.  Otherwise, excess transportation costs will be charged to Seller’s account.  When usual terms of tariffs, involving carriage via water, do not include insurance, shipments must be forwarded properly insured. No charge for packing or draying shall be made unless arranged for in writing.

Delivery must be made within the time specified in this order.  If the material is not delivered within such specified time, Buyer reserves the right to purchase elsewhere and charge Seller with any loss incurred as a result thereof, or, at Buyer’s option, to cancel the order or any part thereof.

No liability shall be imposed upon Buyer for failure to accept all or any of the material order, if such failure is the result of total or partial shut-down of plant, or the result of fires, strikes, differences with employees, accidents, or any other causes beyond Buyer’s reasonable control.  Seller shall not, without its fault or negligence, be responsible for delays or defaults in delivery due to similar causes.

When terms of delivery are f.o.b. Buyer’s Works, all transportation charges shall be paid by Seller; when terms of delivery are f.o.b. shipping point, ship Freight Collect, so marking the bill.

Discount terms are 1% 10th/25th, unless otherwise stated and are predicated upon the date of receipt of the correct invoice.

Drafts for purchases made on this order will not be accepted.

Without written authority from Buyer, any work involving extra compensation above the contract price shall not be proceeded with except, at Seller’s own expense.

Seller shall indemnify and save harmless Buyer and/or its vendees from and against all costs, expenses and damages arising out of any infringement or claim or infringement of any patent or patents, in the manufacture, use or sale of articles or equipment furnished hereunder.

Seller shall cause the work contemplated hereunder to be performed in strict conformity to Federal, state and local laws and ordinances, and all lawful regulations of any public authority.

Seller agrees to pay or secure payment of:

1. Compensation for injuries, death or diseases to employees of Seller, or employees of sub-contractors; under applicable state laws or under the Federal Longshoremen’s and Harbor Workers’ Act.

2. All Federal, state or other taxes on payroll or contributions on account of Social Security or Unemployment insurance of employees engaged in performance of the work herein covered.

Seller agrees to furnish to Buyer, upon request, satisfactory evidence of compliance with the foregoing provisions, and further agrees to indemnify Buyer and/or its affiliates against any claim, suit or demand, and all costs, damages or expenses incident thereto arising out of failure to pay or secure such compensation; taxes or contributions.

By the acceptance of this order, Seller assumes all risk of damage to property or injuries to persons, including death resulting there from arising out of the performance of the work or in connection therewith or appertaining thereto, sustained by Seller, the employees of Seller, the employees of Buyer, and/or other persons, and hereby agrees to protect, indemnify, and save harmless Buyer and /or its affiliates against any and all claims, suits and demands therefore, whether chargeable to negligence of Buyer and/or its affiliates, or otherwise.

Seller will further be responsible for all material and workmanship until finally completed and until finally accepted by Buyer, and agrees, if the work is to be done on Buyer’s premises, to keep such premise free and clear of all mechanics’ liens.

Seller shall be responsible for loss of, or damage to, any and all patterns, molds or templates delivered to Seller by Buyer, and for loss or damage to any machinery or equipment upon which work is to be performed by Seller, while in possession or control of Seller, however such loss or damage shall occur.

In event material purchased is to be delivered into a barge or barges furnished by Buyer, it is understood that Seller shall be responsible for such barge or barges and/or their load while in the custody or control of Seller and for claims of others arising out of such custody and control.  Seller agrees to use due care in loading, avoiding improper distribution of the load, and shall undertake to keep said barge or barges safely and securely tied and pumped free of water while in Seller’s custody.

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