An ISO 9001:2008 CERTIFIED COMPANY
Printable Version Click Here: images/Terms of Sale.pdf
and Terms of Sale
following terms of sale shall be applicable to all sales, made by Elite
Stainless Steel, Inc. except where it is otherwise expressly agreed in writing.
Acceptance of delivery of any or all goods ordered by a purchaser shall
constitute assent by the purchaser to these terms of sale.
Prices - If a delivered price has been quoted, any charges
at destination for spotting, switching, handling, storage and other accessorial
services and demurrage shall be borne by you, and any increase or decrease in
transportation charges shall be added to the quoted price. We reserve the right
to correct any obvious errors in specifications or prices.
Taxes – Any taxes which, under any existing or future
law, we may be required to pay or collect with respect to the sale, purchase,
delivery, storage, processing, use, consumption or transportation of any of the
goods or services covered shall, if not separately shown, be added as a separate
item to the quoted price, and shall be paid by you to us on demand. The
foregoing shall not apply to any taxes, the payment or collection of which by us
is excused by reason of delivery to us of valid tax exemption certificates.
Quantities – If it is indicated that any item is to be
shipped from a producing mill, the producing mill may, on certain commodities
reserve the privilege of shipping over or under the ordered quantity in
accordance with established percentages, which will constitute full and complete
shipment of the material, specified.
Payment – Unless
otherwise expressly provided, payment shall be due 30 days from date of each
invoice, without discount. Any cash discount, which may be expressly provided,
applies only to the sale price of the goods at the shipping point, and does not
apply to any charges made for taxes, storage, loading or transportation. Buyer
agrees to pay all related collection costs incurred by seller.
Deliveries – Any delivery schedule indicated is based on our
present estimate of the time required to ship after receipt of your order and in
case of any item which it is indicated is to be shipped from a producing mill
upon current production schedules of the producing mill. In the event of any
delay in our performance due in whole or in part to any cause behind our
reasonable control, we shall have such additional time for our performance as
may be reasonably necessary under the circumstances. Acceptance by you of any
goods shall constitute a waiver by you of any claim for damages on account of
any delay in delivery of such goods.
of Performance – If in our judgment reasonable
doubt exists as to your financial responsibility, or if you are past due in
payment of any amount owing to us, we reserve the right, without liability and
without prejudice to any other remedies, to suspend performance, decline to
ship, to stop any material in transit, until we receive payment of all amounts
owing to us, or adequate assurance of such payment whether or not due.
– Unless otherwise expressly stated, carrier or
other means may select shipment by us.
Warranty – WE
MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM AND EXCLUDE ANY
AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
and Variations – All goods shall be subject to
tolerances and variations consistent with usual trade practices.
Claims – If any goods received by you are damaged, or if
the quantities received by you do not agree with the quantities indicated on the
shipping documents, and if you intend to assert any claim against us on this
account you shall mark an exception on your receipt to the carrier and shall,
within 10 days after receipt of such goods, you shall afford us a reasonable
opportunity to inspect such goods. Any action for our breach of this contract
must be commenced within 3 days after the cause of action shall accrue, and you
may maintain no such action, which is not commenced within such period.
– Your exclusive remedy for
breach of contract as to any term hereof, and our only liability for any such
breach, shall be replacement or repair of such goods, or repayment to you of the
purchase price paid by you for such goods, whichever such remedy we shall
select, and if we elect to repay the purchase price of any such goods and so
advise you, you must return such goods to us immediately. In no event will we be
liable for incidental or consequential damages including but not limited to
labor and fabricating costs. Material must be returned in original form only. We
do not guarantee material to produce specific parts.
Dies and Fixtures
– Unless otherwise
expressly provided, any tools, dies or fixtures which may be developed for use
in the production of the goods covered shall be owned by us or any producing
mill, as we may elect, even though you are charged in whole or in part for the
cost of such tools, dies and fixtures.
– If any of the goods are to be
furnished to your specifications, you agree to indemnify us and our successors
and assigns, against all liabilities and expenses resulting from any claim of
infringement of any patent in connection with the production of such goods.
– Where you have indicated that
your order is placed under a prime contract with the United States Government or
a subcontract there under and have designated any one or more of the clause
contained in the Armed Services Procurement Regulations as presently in effect,
such clauses so designated are incorporated herein only to the extent they are
required by any Federal statute or regulation or by the terms of your prime
contract or subcontract.
With Laws – Any clause required to be
included in a contract by any applicable law, or by any administrative
regulations having the effect of law, is hereby incorporated herein.
– A contract may be cancelled or modified only by
written agreement between us, except as otherwise provided in “Government
Contracts” hereof. Your insistence upon canceling or suspending fabrication or
shipment, or your failure to furnish specifications when required, may be
treated by us as a breach of contract by you, and we may cancel any unshipped
balance without prejudice to any other remedies we may have.
– You authorize us to apply toward payment of any
monies that become due us hereunder any sums, which may now or hereafter be owed
to you by us.
Agreement – The terms set forth herein
constitute the sole terms and conditions upon which we offer goods for sale. No
other terms, condition or understanding, whether oral or written shall be
binding upon us, unless hereafter made in writing and signed by our authorized
representative. Any purchase order you issue to us shall constitute you
unconditional agreement to be bound exclusively by the foregoing Conditions and
Terms of Sale. We hereby specifically object to any different or additional
terms that may be contained in your purchase order.
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