General Sales Pricing Terms and Conditions
The prices in force on the day of order entry plus the tax rate applicable on the day of invoicing shall apply.
The prices shown in the Online Shop include all metal surcharges. A detailed price composition may be displayed before the order is completed.
Insofar as the price information in the following refers to the net value of goods, this is calculated from the value of the goods of the order without other services such as e.g. cutting costs, freight & shipping costs, special services and storage services.
B. INCREASE IN PRICE
Any prices quoted or charged to Buyer contemplate reasonable and normal production and delivery schedules, and standardized and uniform shipment lengths, and shall be valid for only 30 days from the date of quotation or the acknowledgment of order, whichever is earlier, and are subject to termination by notice within that period. Notwithstanding the foregoing, prices are subject to change without notice and may be subject to any increase which may be in effect on the date of shipment. In the event of a blanket order, or if Buyer requests expedited, staggered or delayed production or delivery dates, or non-standard or non-uniform shipment lengths, Seller retains the right to increase the price to compensate for additional production, transportation or other costs, which amount Buyer agrees to pay upon receipt of an invoice therefor.
C. BUYER TO PAY TAXES AND ADDITIONAL COSTS
In addition to the purchase price the Buyer shall be obligated to pay for all sales, excise, use, privilege, ad valorem, customs and any other taxes, assessments, tariffs or similar charges imposed, levied or increased by authority of any local, county, state, federal, international or any other country’s law, rule, ordinance or regulation concerning the goods for any parts, components or materials thereof, sold to Buyer including the importation, processing, manufacturing, distribution, sale or exportation of the raw materials, parts or manufactured goods. Additionally, Buyer shall be liable for any additional costs incurred by Seller arising from any local, county, state, federal, international or any other country’s laws regulating the hours and costs of labor for producing the goods. In the event Seller shall be required to pay such taxes, assessments, duties, tariffs or similar charges or incurs such additional costs, the Buyer upon demand shall immediately reimburse Seller for such amounts. Buyer shall furnish to Seller upon demand any appropriate tax exemption certiﬁcates.
D. NO CANCELLATION
The Buyer may not cancel this order without written authorization from Seller. In the event Seller authorizes a cancellation, Buyer shall be liable for payment of a cancellation charge equal to ten (10%) percent of the value of the order cancelled plus the costs of all materials ordered by Seller to complete Buyer’s order and any production costs. Buyer agrees that the total amount set forth in this section shall constitute liquidated damages and not a penalty, and due to the difficulty or inability to precisely measure actual damages, is a reasonable estimate of the Seller’s loss. Buyer agrees to pay such sums to Seller upon receipt of an invoice therefor. If Seller determines that the goods being cancelled are custom, Seller may deny Buyer’s cancellation request.
Buyer may not return goods unless written authorization is received from Seller. Goods manufactured by order are not subject to return under any circumstances. In the event Seller authorizes a return, Buyer shall be liable for payment of a restocking charge equal to twenty-ﬁve (25%) percent of the value of the returned goods. Unless Buyer notifies Seller in writing within thirty (30) days after the receipt of the goods that the goods are nonconforming, Buyer shall be deemed to have accepted the goods.
Any returns accepted will be for credit only, transportation costs to be at Buyer’s expense, and Seller retains the sole discretion to determine the value at which the returned goods will be credited. Seller reserves the right to dispose of any unauthorized returns to materials without affording credit. Any oral instructions must be conﬁrmed in writing by Seller to be valid. All returns must be in the lengths originally shipped or no credit will be allowed by Seller.
F. SERVICE CHARGES, EXPENSES AND FEES OF COLLECTION
A service charge of 1 1/2% per month (18% per annum) will be charged on all invoices not paid within 30 days of date of invoice. In any jurisdiction where a service charge of 18% per annum is deemed usurious then the amount of the service charge shall be deemed decreased to the maximum allowable rate in such jurisdiction. In the event Seller is obliged to refer Buyer’s account for collection or to retain counsel to enforce its right against Buyer, then whether or not suit is instituted, Buyer agrees to pay to Seller in addition to moneys due on invoices, service and cancellation charges, and all of Seller’s costs and expenses, including, but not by way of limitation, court costs and attorney’s fees in the amount of twenty-ﬁve (25%) percent of the total outstanding amount due which Buyer agrees is reasonable.
G. CUT POLICY
Seller allows each line item cut 1 AWG and smaller 1st cut is free, every cut after that is $32.00/EA. Multiconductor cable over 1 AWG each reel will have a $275.00 reel charge (no cut charge). Seller reserves the right to change the Cut Policy at any time.
H. VARIATION ON QUANTITY SHIPPED
Seller reserves the right to ship and bill Buyer ten (10%) percent more or less than the exact quantity ordered and all documents shall be deemed modiﬁed to comport with such change without the necessity of further writing. Unless speciﬁc lengths are expressly made a part of this agreement, Seller shall have the right to vary the lengths of the merchandise shipped.