General Terms, Conditions of Sale & Warranty
ELMCO SWORDS, INC.
ELMCO & ASSOCIATES, INC.
ELMCO STEWART, INC.
ELMCO SILVER STATE
Prices
Prices for the products of Elmco Sales, DBA Elmco Stewart and affiliates and subsidiaries (collectively, “the Company”) are subject to change without notice. Quotations are conditioned upon acceptance by the Buyer within 30 days of the date of issuance unless otherwise stated therein and are subject to correction for typographical or clerical errors. A sales order confirmation (order acknowledgment) issued by the Company to the Buyer will be considered accepted by Buyer unless Buyer objects in writing to the Company’s customer service department. As between the Buyer’s purchase order and the sales order confirmation (order acknowledgment), the sales order confirmation is the governing document. Prices shown on the sales order confirmation (order acknowledgment) may not reflect the price at the time of invoice. Items are invoiced at the price effective on the date of shipment. All prices exclude sales, use, occupation, license, excise, tariffs, duties, and other governmental charges imposed upon the manufacture, sale, or delivery of products (collectively, “Taxes”). Unless a proper exemption certificate is furnished to the Company by Buyer, all Taxes shall be paid by the Buyer to the Company. PRICES SHOWN ON THE SALES ORDER CONFIRMATION (ORDER ACKNOWLEDGEMENT) MAY NOT REFLECT THE PRICE AT THE TIME OF INVOICE. ITEMS ARE INVOICED AT THE PRICES EFFECTIVE ON THE DATE OF SHIPMENT. No agent or representative is authorized to make any exceptions.
Project Quotation
These are for acceptance within a maximum of 30 days from date of quotation, except for where this period has been extended in writing by the Company and are subject to correction for typographical or clerical errors. A Buyer purchase order is requested to be received by the Company on all orders. The Company’s order confirmation (order acknowledgment) is the governing document, and the Buyer has the responsibility to advise the Company, in writing, of any non-compliance with purchase order. Change orders must also be formally accepted with the issuance of a new order confirmation (order acknowledgment) and are subject to additional pricing.
Terms, Taxes, Minimum Invoice & Mechanics Liens
TERMS: Net 30 days from date of invoice. An unpaid invoice is considered late if not received within 30 days from shipment and becomes subject to a service charge of 2% per month starting with due date. Invoice is assumed to have been received by the Buyer if the Company is not notified of non-receipt within 10 days after receipt of goods. If legal action is necessary to enforce payment, purchaser will pay all court costs and reasonable attorney fees.
TAXES: Any sales tax imposed under the existing or future statutes may be added to the price herewith and shall be paid by the Buyer. Should any buyer claim exemption from sales taxation, a Resale Certificate must be received by the Company prior to invoicing.
MECHANICS LIENS: The Company reserves the right to request from its buyer, directly or through its representatives, all required information needed to file a preliminary notice to perfect a lien at a future time if deemed necessary. Shipment of any material will be held back until this information, if requested is received by the Company. The request to obtain this information will be determined, at the Company’s sole discretion, based on the value of the project and the Buyer’s financial strength and payment history.
Freight, Weights & Special Delivery
FREIGHT: Shipments are F.O.B the Company, except where specifically stated otherwise. Freight allowance applies only to a single shipment made to a specific location. Requests for partial shipment or multiple shipping points do not qualify for freight allowance and are strictly F.O.B. the Company.
WEIGHTS: All weights shown in the Company’s literature or quotations are estimates and are not guaranteed.
CARRIER: The Company reserves the right to select the carrier on all FFA or prepay shipments.
SPECIAL DELIVERY CHARGE: A minimum of $50.00 charge is made for special delivery to airline or bus terminals.
SHIPPING DATE: Every effort is made to comply with scheduled shipping dates; however, the Company is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the company. When a customer order is scheduled, changes in shipping date can only be honored by written notice, with the understanding that any charges incurred will be charged to the Buyer and rescheduling will only be made based on the Company’s convenience.
Transportation Claims & Shortages
TRANSPORTATION CLAIMS: For F.O.B. orders, the responsibility of the Company ceases upon delivery of products in good condition to the transportation company. All products are shipped at consignee’s risk, and consignee must file freight claims for losses or damages in shipment. The Company will file freight claims on FFA orders if consignee has complied with the following action within (5) working days after receipt of shipment. 1. Inspects shipment immediately upon receipt. 2. Has shipment inspected by delivering carrier for losses or damages (regardless of consignee’s opinion as to whether it is damaged or defective. 3. Notes the damages or losses directly on the carrier’s bill of lading. 4. Files inspection report with carrier and sends copy to the factory.
SHORTAGES: No claim for shortages will be honored unless the Company is notified within (5) working days after receipt of shipment.
Retuned Goods
No material shall be returned without prior written permission. Permission is obtained when the Company issues a return material authorization (RMA) which will only be issued after buyer supplies the correct invoice number and date, or sales order number or buyer purchase order number covering original shipment of material. All material must be returned freight prepaid. All credits issued are subject to a handling charge of up to 35%. Any cost associated with restoring products to saleable condition will be deducted from the credit and any outgoing freight charges paid by the company.
Product Approvals, Field Measurements, Change in Specifications & Cancellations
PRODUCT APPROVALS: When quoting equivalent materials, every effort is made to quote products which are equal or superior to those specified. The Company will provide, at no cost, certified data sheets for submission to architect/engineer/owner for approval. The Company cannot guarantee this approval. The limit of our responsibility is to provide the material exactly as quoted. When materials are approved as submitted, the limit of the Company’s responsibility is to furnish materials as approved. Product modifications or alternate products will only be furnished at current selling prices.
FIELD MEASUREMENTS: When required, they are the responsibility of the Buyer and must be transmitted to the Company in writing. Measurements made by the Company’s employees or representatives are acceptable only when verified and approved in writing by the buyer/contractor.
CHANGE IN SPECIFICATIONS OR CANCELLATIONS: These can only be honored by written notice with the understanding that any changes incurred will be chargeable to the Buyer.
Force Majeure
The Company will not be liable for any failure or delay in performing an obligation that is due to any of the following causes: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, transportation issues or generalized lack of availability of raw materials or energy.
Limited Warranty
The Company’s products are sold subject to the applicable manufacturer’s warranty. Claims must be made in writing to the Company within a reasonable period after receipt of the product. Where claims for defects are made, the defective part or parts shall be delivered to the Company, or other designated recipient, prepaid, for inspection. The Company’s liability under any manufacturer's warranty shall be discharged by replacing, without charge, F.O.B. the Company, any goods, or parts thereof, which are found, upon inspection, to be of defective material and/or workmanship. The Company will not be liable for any expense connected therewith made by the owner or his agents, except upon written authority from the Company. The Company will not be liable for any damages caused by defective materials or poor workmanship, except for replacement, as above provided. Buyer agrees that the Company has made no other warranties, either expressed or implied. The Company shall not be liable for general, special, or consequential damages claimed to arise under the contract of sale.
