Howard Precision Metals, Inc. TERMS AND CONDITIONS OF SALE
We are always glad to accept orders and quote specific prices for all products sold by Howard Precision Metals, Inc. The following are the terms and conditions of sale that will apply:
Payment and Pricing Terms.
Unless otherwise stated in Seller’s quotation, payment in full of the price due as follows: All products - 1/2 of 1% if paid within 10 days. Net 30 days. Discount is not allowed on tax or freight. Invoices are dated day of shipment. Will call invoices are dated day of completion. Any payment not made when due shall accrue a finance charge of 1-1/2% per month. All prices quoted are subject to change without notice and are binding for immediate delivery of material from stock. Items requiring mill delivery will be billed at the price in effect at time of shipment. All weights and counts given at time of order are theoretical, based upon specific gravity of pure copper, zinc, nickel, lead, aluminum, or other elements involved. Commercial variations from these tables must be expected in actual practice. All shipments are weighed to insure accuracy for our customers.
Unless otherwise provided in the quotation, Seller’s quoted price does not include any privilege, occupation, personal property, sales, excise, use of other Federal, State or Municipal taxes, and buyer shall be liable for all such taxes, whether or not invoiced by seller.
Quotations & Cancellations.
Quotations on material that is to be cut, fabricated, special ordered, or otherwise made unfit for resale by seller are made with the understanding that resulting contracts or orders, once accepted are not subject to cancellation without seller’s previous written consent and on terms which will indemnify seller against all loss.
Confirmation of Telephone Orders.
Unless you are notified otherwise, under normal conditions it is our policy to ship warehouse material when available the same day or the next day after your telephone order is received. Since shipment will in most cases be made prior to receipt of conforming order, buyer assumes the risk involved in possible errors. When telephone orders are confirmed in writing, please be sure to clearly mark the orders “confirming” in a conspicuous place to avoid the possibility of duplication.
Materials furnished by seller are to be within the limits and of the sizes published by seller and/or Mill and subject to standard tolerances for variations. Seller makes no warranty or guarantee of merchantability for the materials whether such warranty may be deemed expressed, implied, or statutory. Seller makes no warranty or guarantee whether express, implied, or statutory, as to materials or fitness thereof for any particular purpose which extends beyond any specific description or provision to the contrary set forth on the face hereof. For any products which are not manufactured by seller, but are manufactured by others and sold by seller in any capacity, seller will assign to buyer all warranties from the manufacturer. Notwithstanding any other provisions hereof, seller makes no warranty whatsoever with regard to such products and the sole and exclusive warranty to buyer shall be that of the manufacturer. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS SET FORTH ABOVE, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Solvency and Security Interest.
Buyer represents that it is solvent. Seller retains interest in the goods to secure payment of the price and all other indebtedness now and hereafter owing by buyer to seller. At seller’s request, buyer will execute and deliver to seller a financing statement evidencing this security interest, and buyer’s refusal to execute and deliver such financing statement shall, at seller’s option, relieve seller from the obligation to deliver.
If seller is unable to complete and ship goods to buyer on time because of anything seller cannot control such as casualty, labor trouble or unavailability of supplies or transportation, the estimated delivery time will be extended accordingly and seller will not be liable to buyer for any damages caused by the delay.
This contract/invoice/purchase order is to be construed, enforced and governed in all respects in accordance with the law of the State of Wisconsin and the jurisdiction and venue for any dispute shall be based upon seller’s principal place of business in the State of Wisconsin.
This contract/invoice/purchase order constitutes the entire agreement between the buyer and seller with respect to the subject matter hereof and may not be changed except in writing signed by each of the parties. If any of the terms and conditions herein are not acceptable, buyer must so notify seller at once in writing.
All material supplied by Howard Precision Metals is fully compliant with the Aluminum Association, Inc.‘s specifications, standards, and data.
We hereby certify that these goods were produced in compliance with all the applicable requirements of sections 6, 7 &12 of the Fair Labor Standards Act, as amended, and all regulations and orders of the United States Dept. of Labor issued under section 14 thereof. Any claims pertaining to above material must be made within 10 days after delivery. No returns without written authorization. Returns must be made within 15 days of written authorization.