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General Terms & Conditions of Sale

Section 1: Complete Terms

Sales and quotations by Cast Steel Products LP, or any of its affiliates including Cast Steel Products (Canada) Ltd. And Cast Steel Products (US) Inc. (“Cast Steel Products”), (“Seller”), are governed by these Standard Terms and Conditions of Quotation and Sale (“Terms and Conditions”). This is an offer conditioned on Cast Steel Products customers’ (“Buyers”) acceptance of all, and only, these Terms and Conditions. This is the final and complete expression of all Terms and Conditions of the agreement. Any representations, promises, warranties, or statements that are not contained here are void. These Terms and Conditions can be modified, waived, or amended only by a written instrument signed by officers both Buyer and Seller.

Section 2: Terms of Payment

Net 30 days, unless otherwise stated on invoice. A service charge of 1½ % per month (18% per annum) is applicable to all balances not paid.
If the buyer’s credit is unsatisfactory to the seller or for special order products the seller requires a 50% deposit unless otherwise stated on the invoice and or the sales order.
Seller shall be entitled to refuse, modify or withdraw extension of credit. If buyer is in default of any of the terms hereof, or any other contract with seller, seller may, at its option, suspend fabrication and/or shipments until such default is made good, and seller may elect to treat such default as final refusal to accept further shipments hereunder and cancel this contract without prejudice to claims for materials shipped and cancellation charges.
Seller has the right to invoice the buyer at the agreed date of expected delivery even if the buyer is unable to receive such delivery.

Section 3: Orders

Orders will be initiated by Buyer issuing a purchase order (“Order”) to the Seller. Orders will identify the items (“Product”), unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders can be submitted via telephone, mail, fax or email. 

Confirmation is based on the price and trade rules in affect on the date of the order. The customer shall bear responsibility for any additional charges applied, including but not limited, tariff, duties, taxes or freight related charges that arise as a result in legislative changes.

Section 4: Quotation of Price

All written quotations of price (“Quote”) made by the Seller will be valid for a period of sixty (60) days without exception, from time Quote has been generated by the Seller (“Acceptance Period”),. Cast Steel Products will make every reasonable effort for timely delivery of Quote to customer however Cast Steel Products does not assume responsibility for delays in receipt of quotations to Buyer unless otherwise stated hereunder in these Terms and Conditions. Cast Steel Products under any circumstance will not honor or provide verbal quotations of price. Upon the expiration of the Acceptance Period, the Seller reserves the right to amend the terms and price of the Quote or the Buyer may request that the Quote be re-issued.

Section 5: Sales Taxes

Unless otherwise stated herein, the seller’s prices do not include sales, use, excise or similar taxes. Buyer shall pay to the seller the amount of all present or future sales, use, excise or similar taxes which the seller is required to pay or to collect in connection with buyer’s order. Buyer shall pay to the seller any excess amount which the seller is required to pay or to collect by virtue of change in the rate or application of such tax.

Section 6: Fabricated Goods

Fabricated product which are non-defective are non-returnable, all sales are final. Seller warrants that the goods manufactured by the seller when shipped are free from defects in material and workmanship. Seller shall have no obligation or liability under this warranty unless it shall have received written notice within 10 days of delivery specifying such defect prior to installation of material. Seller is not responsible for any charges (labour, productivity, etc.) incurred by buyer should he attempt to install faulty material. Seller has the option to repair, modify or replace the defective material prior to installation.
Modifications to orders once place may be subject to additional change fees.

Section 7: Disclaimer of Warranties

Sale of the said product is made without any representation warranty or guarantee by seller other than those of the manufacturer of the said product. Buyer assumes all risk and liability whatsoever resulting from the use of such goods. Seller neither assumes nor authorizes any person to assume for it any liability in connection with the sale or use of the materials sold hereunder, and there are no oral agreements or warranties collateral to or affecting this agreement.

Section 8: Deliveries

Delivery to the initial carrier in all cases, unless otherwise stated, shall constitute delivery to buyer. Risk of loss or damage shall pass to the buyer when the goods are so delivered by seller to initial carrier. Buyer is responsible for all demurrage and/or other related charges. If shipped F.O.B. job site, seller has option to choose carrier and all claims due to shipping errors and/or damaged goods must be reported to carrier immediately and to seller within 10 days. Seller shall be excused for delay in delivery and under no circumstances be responsible for failure to fill any order or orders when due to Acts of God, strikes, fires, labour unrest, inability to secure raw materials, manufacturers delay, or any other causes beyond sellers control.

Section 9: U.S. Government Contracts

If the Products to be furnished under this contract are to be used in the performance of a U.S. Government contract or subcontract, and a U.S. Government contract number shall appear on Buyer’s purchase order, those clauses of the applicable U.S. Government procurement regulations which are required by Federal Statute to be included in U.S. Government subcontracts are incorporated herein by reference.

Section 10: Severability of Terms

If any phrase, clause or provision shall be declared void, the validity of any other provisions shall not be affected thereby.


Click here to download the Cast Steel Products LP Non-Disclosure and Confidentiality Agreement (pdf)

 


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