Terms and Conditions of Sale
1. ACCEPTANCE: Placement of an order at Ulbrich Direct by the buyer constitutes assent to the terms.
2. MATERIAL: All material listed for sale in Ulbrich Direct is sold on an "as-is" basis. Any material ordered by RFQ through Ulbrich Direct is subject to the Terms & Conditions of Sale for Ulbrich Stainless Steels & Special Metals, Inc., available at Ulbrich's URL: www.ulbrich.com<http://www.ulbrich.com/>.
3. ANALYSIS: Heat numbers and certified ladle analysis and/or standard mechanical test results, currently listed for each tag on the Ulbrich Direct website, can be supplied upon request, free of charge.
4. PRICES: Prices are those listed in Ulbrich Direct at the time of sale. Prices are for that item only and future prices may be subject to change without notice.
5. CANCELLATIONS: Cancellations will be accepted with payment of a 30% restock charge together with inbound and outbound freight.
6. REJECTIONS: The buyer rejecting goods that are not as advertised or as certified must do so within 30 days of ship date, after which all claims are waived. The buyer assumes all risk and liability for the results obtained by the use of any of the goods in manufacturing processes of buyer or in combination with other goods or substances.
7. FORCE MAJEURE: Seller is not responsible for any prohibition, failure, interruption or delay in manufacture of delivery which may be caused by factors beyond it's reasonable control, including, but not limited to acts of God, accidents, fires, floods, wars, sabotage, labor disputes, shortages, governmental laws, inability to obtain power, raw materials, equipment or transportation, and any other contingency.
8. LIABILITY LIMIT: No claim of any kind, whether as to goods delivered or for non-delivery and whether or not based on negligence, can be greater in amount that the purchase price of the goods ordered. The seller may, at its option, reimburse the buyer for the purchase price upon return of the goods or replace or repair the goods: in no event shall seller be liable for special, indirect, incidental or consequential damages whether or not caused by negligence. The remedies described in this paragraph shall be exclusive
9. AVAILABLE: Shipping point of seller's choice for domestic and international orders are ex-works.
10. FREIGHT: Collect via shipper of buyer's choice.
11. WARRANTY: All material listed in Ulbrich Direct is sold in "as is" condition. Seller warrants that material delivered will be of as described in Ulbrich Direct and as certified by accompanying documentation. The Buyer is responsible for bringing nonconforming material to the Seller within 30 days of ship date, after which all warranties are waived. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY IN OTHER RESPECTS THAN EXPRESSLY SET FORTH ABOVE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
12. APPLICABLE LAW: The rights and duties of the Buyer and Seller under this contract are governed by Connecticut Law.
13. NUCLEAR APPLICATION EXCLUSION: The Buyer understands that no item listed for sale in Ulbrich Direct is intended for nuclear applications. The Seller waives all liability for product in the event the Buyer disregards this provision.