Terms & Conditions

QUOTATIONS AND ORDERS

All quotations are subject to change without notice, and are subject to continued availability of the quoted material. All sales are made subject to strikes, accidents, or other causes of any kind beyond our reasonable control. We will not consider an order to have been placed with us until full specifications identifying the material being ordered have been provided to us.

A buyer may not under any circumstance cancel any order after placement.

All sales are final.

We will, at a buyer’s request, provide our best estimate of the anticipated time of delivery of any order, but we will have no liability for any non-timely delivery.

SHIPPING

Shipping/Freight company will be determined & stated by our customer at time of issuing a Purchase Order. All associated costs will be added to the items purchased.

All shipments will be FOB shipping point collect.

SHIPPING TOLERANCE

Shipping tolerance is plus/minus 10 percent of the ordered quantity unless otherwise specified and agreed upon at time of contract.

TITLE AND RISK OF LOSS

If material is shipped to a buyer via a carrier designated by the buyer, title and risk of loss to the material shall pass to the buyer when the material is loaded at our plant. If material is shipped to a buyer via any other carrier, title and risk of loss to the material shall pass to the buyer upon delivery at the buyer’s plant and buyer’s release of the shipping documents. However, buyer must note any shortage or damage on both buyer’s copy and the carrier’s copy of the carrier’s receipt, freight bill or delivery memo, and cause both copies to be signed by the carrier’s driver or representative. If buyer does not do so, we will not be responsible for any shortage or damage.

WARRANTY

We warrant that all material, at the time of shipment by us, shall conform to specifications set forth on the face of our delivery receipt or invoice. We do not warrant against any non-conformity to the extent that such non-conformity results from damage, misuse, abrasion, corrosion, negligence, accident, tampering, faulty installation, improper storage, inadequate maintenance, or any other cause affecting the material after the shipment of the material.

EXCLUSIVE REMEDY/RETURN POLICY

Under no circumstance will we accept returned material. We will at our option and as a buyer’s exclusive remedy, replace with new material, or refund the purchase price for, material that is defective. Material must be inspected promptly as Inter Contal, Inc. will not accept any claims after 30 days of receipt upon written notice of defective material.

This exclusive remedy shall not be deemed to have failed of its essential purpose so long as we are willing and able to replace defective material or refund the purchase price within the time specified.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DAMAGE, INCLUDING ANY DIRECT OR CONSEQUENTIAL DAMAGE OR LOSS, ARISING FROM CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOSS OR DAMAGE TO BUILDINGS, CONTENTS, PRODUCTS OR PERSONS.

LIMITATION OR ACTIONS

No action against us for breach of any sales agreement may be brought more than one year after the cause of action accrues.

ACCEPTANCE

Our sales are made pursuant to our terms and conditions. If we receive a purchase order or other document from a buyer that limits acceptance to its terms or states that our acknowledgement, shipping of material, commencing work, or other act or failure to act constitutes acceptance of an offer on the terms of the purchase order or other document, no responding document sent by us shall be a definite and reasonable expression of acceptance of the buyer’s offer. In that event, our responding documents are intended as a counteroffer, accepted when the buyer accepts shipment of any of the material described. We hereby object to any term contained in a buyer’s purchase order or other document if the term is different from or in addition to the terms herein.