 Terms
and Conditions of Sale
- All prices quoted are subject to adjustment to reflect
our prices in effect at the time of shipment.
- Any increase in any tax or governmental charge
(or newly enacted tax or governmental charge) which
becomes effective after the date hereof and which
increases the cost to Seller of producing, selling,
or delivering the material or of procuring materials
used therein, may, at Seller’s option, be added
to the price herein specified.
- Orders are subject to acceptance and approval by
Scot Forge. An order when acknowledged by Scot Forge
cannot be canceled, terminated or modified by the
Buyer in whole or in part except with the Seller’s
written consent and then only upon terms and conditions
then to be agreed upon which shall include protection
of the seller against all loss.
- Orders are accepted subject to the conditions that,
unless specified by Buyer and accepted by Seller:
Buyer’s application of the material sold is
not nuclear safety related; Seller is not bound by
any nuclear quality assurance code; the material is
also not intended for use in aircraft.
- Seller warrants as follows: (a) all material supplied
hereunder will conform to the description stated on
the Order Acknowledgement; (b) upon payment of the
purchase price, Buyer will receive good title to all
such material free from any lien, encumbrance or lawful
security interest; and (c) the material sold hereunder
shall be of merchantable quality. Except for the foregoing
warranties, Seller makes no other warranties express
or implied. Seller expressly disclaims any implied
warranty of fitness for a particular purpose. Seller,
upon request, may furnish to Buyer such technical
advice as it may be able to supply with reference
to the use by Buyer of any material delivered hereunder.
Seller, however, assumes no obligation or liability
for the advice given or results obtained. Buyer expressly
agrees that it will implement any advice thus given
at its own risk and agrees to indemnify and hold harmless
Seller against any liability, costs or expenses resulting
therefrom.
- Promptly upon receipt of all material delivered
hereunder, Buyer shall inspect such material for any
damage, defect or shortage. All claims for shortage
or non-delivery and any claim for damage or defect
which would reasonably be discoverable in the course
of such investigation shall be waived unless Buyer
shall notify Seller of the same within thirty (30)
days after receipt of the material to which the claim
relates. In any event, Buyer’s exclusive remedy
for shortage or damaged or defective material (whether
or not occurring as a result of Seller’s alleged
negligence or gross negligence) or any other cause
whatsoever shall be return of the purchase price of
the material or services in respect of which the claim
is made, or, at Seller’s option, the repair
or replacement of such material or services. Seller
shall not be liable for, and Buyer assumes responsibility
for, all personal injury and property damage resulting
from the handling, possession, use or resale of the
material, whether the same is used alone or in combination
with other materials. In no event shall Seller be
liable for incidental or consequential damages, whether
Buyer’s claim is in contract, negligence or
otherwise. Transportation charges for the return of
the material shall not be paid unless authorized in
advance by Seller.
- Payment terms are 30 days net from date of invoice.
Upon failure by the Buyer to make any payment according
to credit terms, the Seller shall have the right to
declare all open accounts immediately due and payable
and may defer further shipment until all accounts
are paid. If the financial responsibility of Buyer
becomes impaired or unsatisfactory to the Seller,
cash payment or security satisfactory to the Seller
may be required before shipment.
- All delivery dates are approximate; deliveries
will be made on those dates or as close thereto as
practicable.
- This contract constitutes the full understanding
of the parties and a complete and exclusive statement
of the terms of the agreement. No modification of
this contract or waiver of any of its terms or conditions
shall be of any force or effect unless made in writing
and signed by the party claimed to be bound thereby.
No modification of this contract shall be effected
by the acknowledgment or acceptance of purchase order
or shipping instruction forms or any other document
containing terms or conditions at variance with or
in addition to those set forth herein, all such varying
or additional terms being hereby objected to. By ordering
for shipment any material under this contract, Buyer
agrees to all the terms and conditions contained herein.
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847-587-1000 |
©2005 Scot Forge. All Rights Reserved.
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800-435-6621
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