General Terms and Conditions of Sale
Chief Industries, the “Seller”, agrees to provide to the consumer, the “Buyer”, products and/or services (collectively, “Products”) per the terms and conditions detailed below. Any special, or “additional terms”, conditions proposed by the Buyer are expressly rejected and shall be void, unless agreed to and signed by the Seller.
Chief Industries’, the Seller’s, aluminum foil Products are industry standard gauges (such as .012, .007, etc.) Chief Industries’ products are manufactured in the USA with commercial gauge tolerances.
Chief Industries’, the Seller’s, quotations and prices are subject to the following: (1) all published prices are subject to change; (2) prices quoted are exclusive of transportation, insurance, taxes, license fees, customs fees, duties and/or other charges, and the Buyer shall hold the Seller completely blameless; (3) all prices quoted are for Products only.
All equipment (including, but not limited to, tools, ties, fixtures, and stencils) which Chief Industries, the Seller, expressly agrees to construct or acquire on the Buyer’s behalf shall be and remain the Seller’s property and in the Seller’s possession and control. Any charges to the Buyer, therefore, shall not give the Buyer any ownership and/or licensing rights thereto and shall relate solely to the cost to the Buyer for the Seller’s use of the equipment to manufacture the Buyer’s Product(s). While in the Seller’s possession, any materials or equipment owned or furnished by the Buyer will be carefully handled and stored by the Seller; but, the Seller shall have absolutely no responsibility or liability for any loss or damage thereto.
Unless credit is granted, payment is due upon delivery.
Transportation charges on all shipments shall be prepaid on the basis of the most economical means and shall be added to invoice when and to the extent that they are at the Buyer’s expense.
Chief Industries, the Seller, will make all reasonable effort to observe its dates and indicate for delivery or other performance. However, the Seller shall not be liable, in any way, for any delay in performance hereunder due to unforeseen circumstances or to causes beyond control.
Each product furnished by the Seller shall be deemed accepted by the Buyer unless notice of defect or nonconformity is received within ten (10) days of delivery thereof.
Cancellation / Deferment
Orders submitted with “Firm” purchase order may not be cancelled by the Buyer and deliveries cannot be deferred by the Buyer except with the consent of Chief Industries, the Seller, and upon terms which will indemnify the Seller from all costs incurred.
Chief Industries, the Seller, warrants to the original Buyer that each Product will be free from defects in material and/or workmanship at time of shipment and that each Product delivered will meet the published specifications for that Product, or any other conditions or specifications recorded to be agreed upon by both parties. The Seller’s obligation under the foregoing warranty is limited to the repairing or replacing of any Product that does not meet this warranty, provided that the Product is returned to Seller, transportation charges pre-paid, and subject to Seller’s examination. Due to handling costs, the Seller reserves the right to assess a restocking charge equal to twenty-five percent (25%) of the purchase price and other re-inspection and packaging charge.
Damages and Liability
In no event, shall the Seller be liable for incidental, consequential, or special damages. Liability to third parties for bodily injury, including death, resulting from the Seller’s performance shall be determined in accordance with applicable law.