Goods supplied by AllFasteners USA LLC are supplied upon the following terms and conditions and not otherwise and AllFasteners USA LLC expressly rejects any conditional sales order placed by the purchaser:
A contract is formed when ALLFASTENERS USA LLC has received a purchase order (or an online order is placed) and either sends the Purchaser a written acceptance/order confirmation or dispatches goods pursuant to the order.
The price is that quoted by ALLFASTENERS USA LLC in respect of the particular order and not in any brochure or other product information published. Prices are FOB and are subject to sales tax where applicable. Orders are subject to delivery fees where applicable.
Dispatch dates will be observed subject to ALLFASTENERS USA LLC ability to effect transport by available means. ALLFASTENERS USA LLC shall be excused for any delay in performance due to delay in transportation caused by the freight company or any other cause beyond the reasonable control of ALLFASTENERS USA LLC.
No claims in reference to items covered by the invoice will be recognized unless made in writing, with an invoice number, within 7 days of delivery.
Payment is to be made on receipt of goods, or in the case of an approved account, within our standard terms of net 30 days from the original invoice date. If not paid as aforesaid ALLFASTENERS USA LLC reserves the right to charge interest at a rate of 2.5% per month on all outstanding monies paid past the 30 day term date from the date of the original invoice, plus any expenses, costs or disbursements, including debt collection agency fees and attorney costs, and these will be paid in addition to all outstanding monies, as stated in the TERMS AND CONDITIONS of the CUSTOMER 30-DAY CREDIT ACCOUNT APPLICATION.
Unless prevented by statute, all implied terms, conditions and warranties are excluded. ALLFASTENERS USA LLC guarantee that the products will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the Purchaser or third party. The Purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of ALLFASTENERS USA LLC to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods. ALLFASTENERS USA LLC will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it, to the customer whether or not in connection with the manufacture, preparation or supply of goods and/or services to the customer, provided that ALLFASTENERS USA LLC has provided such technical advice or assistance with due care and skill. Any claim for warranty by the Purchaser will be considered only after the Purchaser returns goods with Proof of Purchase to ALLFASTENERS USA LLC. Such claims may be subject to ALLFASTENERS USA LLC’ and/or ALLFASTENERS USA LLC’ supplier’s/ manufacturer’s discretion and their terms and conditions of warranty.
All goods are supplied subject to retention of title. The goods remain the property of ALLFASTENERS USA LLC until complete payment is received by ALLFASTENERS USA LLC of all claims due to ALLFASTENERS USA LLC arising from all business transactions between ALLFASTENERS USA LLC and the Purchaser. Prior to use or resale of goods, the Purchaser shall maintain them in an identifiable condition in store or on site. The Purchaser may resell the goods in the ordinary course of business subject to maintaining ALLFASTENERS USA LLC’ rights against the goods and acting as judiciary in recovering payment of the goods and segregating such proceeds for the account of ALLFASTENERS USA LLC until ALLFASTENERS USA LLC is paid in full. The Purchaser assigns to ALLFASTENERS USA LLC any claims or rights against sub Purchasers in order to enable ALLFASTENERS USA LLC to make full recovery on monies owed to them in respect of the goods. In the event of the failure of the Purchaser to pay for the goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution or distress, ALLFASTENERS USA LLC may enter the Purchaser’s premises or elsewhere where the goods are stored or installed and recover them, or in the event the goods are not in the original saleable condition, other goods to the value of all outstanding monies, or to appoint an agent in writing to do so and the Purchaser acknowledges and guarantees such right of entry during normal business hours.
Any purchased fabricated steel shall be manufactured per the contract documents, ALLFASTENERS USA LLC supplied drawings, and the purchase order. Fabrication tolerances if not noted on the detailed drawings, are to be + /- 1/16 inch. Bundling and packaging for each product will be per ALLFASTENERS USA LLC instructions. All products are delivered F.O.B. ALLFASTENERS USA LLC upon completion of fabrication. Invoices for fabricated components shall be issued upon the completion of fabrication regardless of whether products have been shipped.
This agreement shall be governed by the laws of the State of Ohio. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of Ohio.
This agreement shall be governed by the laws of the State of New Jersey. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of New Jersey
This agreement shall be governed by the laws of the State of California. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of California.
This agreement shall be governed by the laws of the State of Texas. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of Texas.
This agreement shall be governed by the laws of the State of Minnesota. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of Minnesota.
This agreement shall be governed by the laws of the State of Nebraska. Jurisdiction to enforce the mediation and arbitration provisions of the agreement is agreed to in the Federal and/or State District Courts located in the State of Nebraska.
ALLFASTENERS USA LLC does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by any waiver made by its employees and agents on any occasion, unless in writing.
The Purchaser hereby releases, indemnifies and defends ALLFASTENERS USA LLC from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the Purchaser’s design or specification.
ALLFASTENERS USA LLC will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including but not limited to, strikes, lock-outs, labor disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the Purchaser or any other party as a result of any such event.
ALLFASTENERS USA LLC may in its absolute discretion accept the return of standard products (but not special or fabricated products) to the credit of the Purchaser provided that such products are returned to ALLFASTENERS USA LLC unused and undamaged, and with proof of purchase, before the expiry of 14 days after their delivery to the Purchaser and the Purchaser agrees to pay a handling and restocking charge equal to 20% of the price or a minimum fee of $20 PLUS tax. No returns of special or fabricated products will be accepted and ALLFASTENERS USA LLC may in its absolute discretion, not accept the return of non-stock quantities or products.
These conditions will not be varied unless ALLFASTENERS USA LLC agrees in writing with approval of an officer of the company. If this agreement should be in conflict of the customer purchase order, this agreement will supersede.