Terms and Conditions of Sale

1. All orders are accepted subject to sales and credit terms and conditions as published in the sellers order acknowledgement. Buyers acceptance of shipment constitutes unqualified acceptance of said terms and conditions.
2. Sellers payment terms are net 30 days. After 30 days the account is overdue and will be charged a service charge of 1-1/2% per month, which is equal to 18% per annum. Upon buyer’s failure to comply, seller may defer further shipment until all accounts are paid. If the financial viability of the buyer becomes unsatisfactory to the seller, cash payment or security satisfactory to the seller may be required before shipment.
3. Any delivery schedule is based on our best estimate but we cannot accept liability in the event delivery is delayed beyond the scheduled date.
4. STAINLESS PLATE PRODUCTS, INCORPORATED shall not be liable for any failure to perform its obligations hereunder resulting directly or indirectly from or contributed to by acts of God, acts of Buyer, acts of civil or military authority, priorities, fires, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays on transportation, or other circumstances beyond the reasonable control of STAINLESS PLATE PRODUCTS, INCORPORATED.
5. Should customer fail to make payment in full within thirty days, Seller shall be entitled to reimbursement of any and all costs incurred in pursuing collection of the amount due to Seller, including but not limited to reasonable attorney fees and court costs. For the purposes of collecting the amount owed by Customer to Seller hereunder, Customer agrees that a reasonable attorney fee shall be $300.00 or 10% of the balance due Seller, whichever is greater.
6. Buyer agrees, by accepting goods and/or services, to submit to the jurisdiction of any Court of Chester County Pennsylvania regarding any disputes that may arise between seller and buyer.

Warranty

All goods sold hereunder are sold as is. Buyer must give written notice of alleged defect or failure to conform to specifications within (10) ten days of receipt. Buyer must give seller reasonable opportunity to inspect material. Such material shall be repaired or replaced without charge, at seller’s option.

The seller shall not be responsible for loss, damage, labor or expense directly or indirectly arising from the use of the material or from any other causes, its liability being expressly limited to the replacement or repair of defective material. Buyer must advise seller of any quantity discrepancy within 10 days of receipt of goods. Should material be returned to Stainless Plate Products, Inc., it must be shipped as class 50 freight. Any excess freight charges due to misclassification are the responsibility of the buyer.

The seller assumes no responsibility for seller’s shop drawings, or for buyer’s designs, drawings, plans or specifications. All goods including those produced to meet an exact specification, shall be subject to mill practice as to:

1. Dimension, weight, straightness, flatness, section, composition, and mechanical properties.
2. Normal variations in surface, internal conditions, and quality.
3. Deviations from tolerances and variations consistent with practical testing and inspection methods.

The order represented by this acknowledgment cannot be cancelled, or modified by the buyer in whole or in part, nor shall releases be held up by the buyer after the steel is in process. Except, with the seller’s consent, and then only upon terms to be agreed upon which shall include protection of the seller against all loss.

Carriers are responsible for materials lost or damaged in transit. In case of loss or damage in transit buyer must sign bill of lading conditionally and notify seller immediately in writing in order to substantiate formal claim when presented.

No warranty, express or implied, is made in connection with the sale of any material supplied by seller. This warranty is in lieu of all other express or implied warranties, guarantees, obligations and liabilities of seller, including any implied warranty of merchantability or fitness for any particular purpose. Seller does not assume, nor does it authorize any person to assume, on its behalf, any other warranty, guarantee, obligation, or liability.