Products furnished shall be subject to standard manufacturing
variations, seller warrants that the materials furnished shall
conform to specifications ordered by buyer. Seller makes
no other warranties, express or implied and specifically excludes
all warranties of merchantability and fitness for a particular
Buyer's exclusive remedy and seller's sole liability shall be
limited to seller's replacing materials that do not conform
to specifications. In no event shall seller have any liability
for damages in connection with the sales of materials in an
amount exceeding the purchase price of the materials sold and
seller shall have no liability whatsoever for consequential
damages, or for any loss or damage, directly or indirectly arising
from the use of such merchandise.
Sellers Conditions Govern All Transactions
1. The conditions of this order
or sales contained herein apply to all quotations made and acknowledgements
entered into by Niles Expanded Metals ("Seller" herein).
The provisions hereof may in some instances conflict with some
of the terms and conditions affixed to a form or order blank
specified or supplied by Buyer Acceptance of Buyer' s order
is made on the express understanding that, in the event of such
conflict. The Seller's terms and conditions shall govern, whether
Buyer accepts these conditions by written acknowledgement, by
implication, or acceptance and payment for materials ordered
hereunder. Seller' s failure to object to any provisions contained
in any communication from Buyer shall not be deemed a waiver
of these provisions. Any changes in the terms or conditions
contained must be specifically agreed to in writing by an officer
Terms of Payment
2. Terms of payment, shown on Front
of Invoice, subject to such limits or changes as may be set
by Seller, Cash discount, if any as indicated, will apply only
on the net amount of invoice after deducting transportation
charges and taxes thereon, and will be allowed only if taken
within the time stated, and provided there are no past due items.
Payment in Advance
3. If upon or at any time after
acceptance hereof the financial responsibility of the Buyer
is or becomes impaired or unsatisfactory to the Seller, or if
any payment is not made in accordance with terms stipulated
in this order, cash payment in advance of shipment may be required
and if not made, the Seller shall have the right, at its option,
to suspend further shipment of this order or to cancel this
order and / or all other orders reserving any and all rights
to damages by Buyer' s breach of contract.
Taxes and Charges
4. The amount of present or future
sales, revenue, excise or other taxes applicable to the listed
items sold shall be added to the purchase price and shall be
paid by the Buyer, Seller shall not be responsible for any destination
5. All sales are firm and not subject
to cancellation or revision of prices except by and with the
consent of the Seller, and instance upon cancellation or suspension
of manufacture or of shipment, or failure to furnish specifications
when required, may be treated as a breach of contract, and the
Buyer shall immediately be liable for all damage arising therefrom.
6. Seller shall not be liable for
loss of any kind resulting from delays or failure to make delivery
because of strikes, fire, Act of God, Government regulations
or any other causes beyond Seller. s control.
7. SUBJECT TO STANDARD MANUFACTURING
VARIATIONS, SELLER WARRANTS THAT THE MATERIALS FURNISHED HEREUNDER
SHALL CONFORM TO SPECIFICATIONS. IN NO EVENT SHALL SELLER HAVE
ANY LIABILITY FOR DAMAGES IN CONNECTION WITH THE SALE OF MATERIALS
IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE MATERIALS SOLD
AND SELLER SHALL HAVE NO LIABILITY WHATSOEVER FOR CONSEQUENTIAL
DAMAGES, OR FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY ARISING
FROM THE USE OF SUCH MERCHANDISE.
Notification of Errors - Warranty Procedure
8.Claims for shortage or for defective
material must be made within 10 days after receipt of shipment.
Claims for defective materials shall in no event include allowance
for labor on such material. Materials for which damages are
claimed, require Seller' s written consent before being returned,
repaired or discarded.
EXCLUSIVE REMEDY AND SELLER' S SOLE LIABILITY SHALL BE LIMITED
TO SELLER. S REPLACING MATERIALS THAT DO NOT CONFORM TO SPECIFICATIONS.
IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR DAMAGES IN
CONNECTION WITH THE SALE OF MATERIALS IN AN AMOUNT EXCEEDING
THE PURCHASE PRICE OF THE MATERIALS SOLD AND SELLER SHALL
HAVE NO LIABILITY WHATSOEVER FOR CONSEQUENTIAL DAMAGES, OR
FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY ARISING FROM
THE USE OF SUCH MERCHANDISE.
9. Buyer' s cancellation will
be accepted only upon Buyer' s acceptance and payment in full
for furnished items within (10) days of completion; and on
other items in process of manufacture.
10. Ordering special material
may involve a variation in quantity of material received from
our supplier of plus or minus 10% from the quantity involved.
Customer will be shipped and invoiced for resulting quantity.
If customer prefers exact quantity, as assured in advance,
an extra charge of 5% over regular price must be added.
Processing Outside of Plant
11. Seller assumes no responsibility
for customer.'s materials while such materials are being further
processed by others outside of Seller' s plant and no warranty
of any kind is extended by Seller with respect to such further