Terms and Conditions
TERMS: All U.S. sales are Net 30 days. All International sales are ex-factory or D.D.U. (Delivered Duty Unpaid) foreign port of destination. Subject to late payment charge of one and one-half percent (1-1⁄2%) per month.
MINIMUM CHARGE: Due to cost of handling, no order will be billed for less than fifty dollars ($50.00) - plus forwarding charges.
SPECIAL ORDERS: We produce many items to specification that are not carried in stock. After an order in this category has been accepted and placed in process of manufacture, no cancellations will be accepted.
RETURNED GOODS: Material returned without prior Returned Material Authorization may be refused. Please contact Akron Brass Customer Service Department for the proper procedure. All returns are subject to a 25% restocking charge. All products must meet current design specifications and must be received in like new condition to avoid rework charges
PRODUCT REPAIRS: Products returned for repair do not need prior authorization. However, you can register the items you wish to return for repair at www.akronbrass.com/onlinerepair. This site will register the item(s) to be sent back for repair, print the correct return address label, and allow you to track your repair status. Should you be unable to register on our website you can still send your items in need of repair without registering them first. Products for repair should be shipped to: Akron Brass Co., Attention Repair Department, 1615 Old Mansfield Road, Wooster, OH 44691. Extenda-Lite® products and other related materials should be sent to Akron Brass Co., 501 N. Cummings Lane, Washington, IL 61571-9652. If you have any questions on where you should send your repairs, call Customer Service at: 800.228.1161 or 330.264.5678.
PIKE POLE FREIGHT: All Pike Pole & Hand Tool Purchases are F.O.B. factory regardless of discount structure. Freight Free shipments of Pike Poles can be obtained with a minimum order for a single shipment to one location of $950.00 net cost. Does not apply to any International order.
DISCREPANCIES: Any shortage or error in shipment should be reported to us within 10 days of receipt of goods
LOST GOODS IN TRANSIT: Any claims for loss of truck shipments shall be the responsibility of the buyer and should be promptly reported to carrier. Any claims for loss of small package shipments should be promptly reported to
DAMAGED GOODS: Damaged product must be promptly reported to the carrier and Akron Brass. Failure to notify both parties shall place the burden of settlement and negotiation on the buyer. Damaged product returned to Akron Brass should be sent by the same carrier that delivered the goods
TAXES: All prices and quotations exclude Local, State, and Federal sales and excise taxes.
ALL ORDERS or parts thereof and all directions for shipment are subject to acceptance by Akron Brass Company
ALL PRICES ARE FIRM PROVIDED IMMEDIATE DELIVERY IS ACCEPTABLE.
ALL PRICES, TERMS, AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
CERTIFICATE OF CONFORMANCE: Many commercial products are available with certificate of conformance to MIL specifications. If a certificate of conformance is required, it must be requested at the time order is placed and is subject to additional charges to cover the costs of the special handling required.
DOMESTIC DISTRIBUTORS/DEALERS ONLY:
PRODUCTS ARE INTENDED FOR DOMESTIC RESALE. AKRON BRASS RESERVES THE RIGHT TO RESTRICT DOMESTIC SALES OF PRODUCTS INTENDED FOR INTERNATIONAL DIVERSIONS. CONTACT AKRON BRASS FOR AUTHORIZATION BEFORE COMMITTING TO ANY INTERNATIONAL SHIPMENTS.
INTERNATIONAL DISTRIBUTORS/DEALERS ONLY:
PRODUCTS ARE LICENSED BY THE U.S.A. FOR EXPORT AND INTERNATIONAL RESALE EXCEPT FOR DIVERSIONS OR SALES INTO AREAS CONTRARY AND PROHIBITED BY U.S. LAW G.D.E.S.T.
Weldon, a division of Akron Brass
These Standard Terms and Conditions of Sale shall take precedence over any additional or conflicting provisions, terms, or conditions offered by Buyer or contained in any of
Buyer’s order forms except for instructions related to quantity or shipping of the goods. Any reference to “Supplier” herein shall mean Weldon, a division of Akron Brass Company.
PAYMENT TERMS: Net-balance payable 30 days from date of billing, or as established by Supplier’s credit department. In the event shipments are less than whole lots, pro rata payments are due from Buyer as shipments are made, and if shipments are delayed by Buyer said pro rata payments are due on the date when the Supplier is ready to ship. Prices quoted do not include taxes.
CANCELLATIONS: Supplier will assess a 25% cancellation fee or $100.00 cancellation charge; whichever is greater, to any and all cancelled orders of Supplier’s standard goods that are canceled within thirty (30) days of the scheduled ship date. Custom or proprietary goods carry a 100% cancellation penalty if canceled within thirty (30) days of the scheduled ship date. Buyer’s cancellation notice to Supplier must be in the form of standard mail or facsimile to Supplier’s main office in Columbus, Ohio. Supplier will then confirm the cancellation and the cancellation fee due from Buyer.
FREIGHT: The goods shall be delivered F.O.B. Supplier’s Columbus, Ohio plant. Title to the goods shall pass to the Buyer at the time Supplier delivers the goods to a common carrier for shipment in accordance with Buyer’s instructions. In recognition of the fact that shipping dates are approximate, Supplier’s liability shall not extend to any loss or expense incurred by Buyer due to Supplier’s production or other delays.
RETURNS: Supplier’s Customer Service Department must authorize all returns in advance, with a Returned Goods Authorization (RGA) number assigned. Goods must be returned freight prepaid. Goods returned without a RGA number will not be accepted by Supplier’s Receiving Department and will be shipped back to the original shipper at their expense. Non-warranty returns shall be assessed a 15% restocking fee; and goods may not be returned after one year from the original sale date. Weldon, a division of Akron Brass, RGA#____, 3656 Paragon Drive, Columbus, Ohio 43228.
INDEMNIFICATION: The Supplier will indemnify, defend and otherwise hold harmless the Buyer from all cost, loss, damage or liability arising from any proceeding or claim brought or asserted against the Buyer to the extent such proceeding or claim is based on an allegation that the goods, as sold and delivered by the Supplier, infringe any patent, copyright, trademark or trade secret, provided the Buyer (i) promptly notifies the Supplier of any such proceeding or claim after it becomes known to the Buyer; and (ii) provides all the assistance and cooperation that the Supplier may reasonably request; and (iii) agrees that Supplier shall have sole control of the defense of any proceeding or claim. The Supplier shall not be liable to the Buyer under any provision of this paragraph to the extent that any claim is based upon: (1) a use for which the goods was not designated by the Supplier; or (2) an alteration of the goods by the Buyer or a third party which such alteration is the basis for the alleged infringement; or (3) any sale or use of an outmoded goods for which the Supplier offers non-infringing goods with the same functional characteristics or for use in the same applications. Further, should the Buyer be enjoined from using goods furnished by the Supplier because of an infringement, the Supplier shall at its own expense procure the right to continue using the goods or replace or modify the goods so that they become non infringing, or at the Supplier’s option, refund to the Buyer the purchase price of such goods. The Supplier shall have no further liability to the Buyer for intellectual property infringement other than as expressly set forth in this paragraph.
The Buyer agrees to indemnify, defend and hold harmless the Supplier from and against any and all cost, loss, damage, injury, claims, liabilities, or demands (including the cost, expenses and reasonable attorney’s fees on account thereof) which may be made against the Supplier which are alleged to arise out of or relate to: (i) any representation, warranty statement or covenant made by the Buyer to any person regarding the goods or any applications thereof in excess or derogation of those permitted hereunder, unless the Supplier expressly approves in writing such representation, warranty, statement or covenant; and (ii) any negligent or other wrongful act or omission of the Buyer and its agents; and (iii) any change made in the goods (or the Supplier provided documentation) by the Buyer without the Supplier’s express written consent or Buyer’s use of the goods in a manner or application for which the good s was not designed for by Supplier.
FORCE MAJEURE: Except for payment obligations, the consequences, direct or indirect, of labor troubles, fires, accidents, floods, war, shortage or transportation failure, suspension or curtailment of production due to shortage or supply of raw materials or other economic factors, government acts or requirements and any and all like or different causes beyond the control of the parties hereto shall excuse performance by either party to the extent by which performance is prevented thereby. Supplier will advise Buyer of any such delays and will revise delivery schedules accordingly.
EXPORT: Goods purchased or received under these Standard Terms and Conditions of Sale may be subject to export control laws, restrictions, regulations and orders of the United States. Buyer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Buyer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the goods sold hereunder. Buyer shall be responsible to obtain any license to export, re-export or import as may be required.
GOVERNING LAW: These Standard Terms and Conditions of Sale shall be governed and construed in all respects in accordance with the laws of the State of Ohio and each party hereby submits to the non-exclusive jurisdiction of the courts of the State of Ohio. The provisions of the United Nations on contracts for the International Sale of Goods (“CISG”) and the Contracts (Rights of Third Parties) Act of 1999 are expressly excluded from this Agreement, if otherwise applicable.
TERMINATION: Supplier, in its sole discretion, may evaluate Buyer’s financial condition and may cancel any order if in Supplier’s judgment the Buyer would be unable to meet its obligation, unless the Buyer shall upon written notice immediately pay for all goods delivered or shall pay in advance for all goods not delivered in accordance with Supplier’s discretion.
SEVERABILITY: The provisions of these Standard Terms and Conditions of Sale are severable. Should any court of competent jurisdiction hold any of these clauses to be unlawful, such holding shall not invalidate all of the clauses, but rather, the unlawful clause shall be severed and the remaining provisions shall be fully enforceable.
MISCELLANEOUS: These Standard Terms and Conditions of Sale is the entire agreement between the parties and supersedes all prior agreements, correspondence and understandings relating to the subject matter hereof. No failure by either party to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any amendments to these Standard Terms and Conditions of Sale must be made in writing and signed by a duly authorized officer of the Supplier. The headings herein are for convenience only and shall not affect interpretation.