CMT Materials, Inc. and subsidiary Engineered Syntactic Systems, LLC
INFORMATION ABOUT RETURNS
CMT has a commitment to customer satisfaction. Occasionally, it may be necessary for you to return products to us. Our policy covers most return situations and it is designed to be fair to all customers while providing internal cost controls so we can maintain our value pricing.
If we make a mistake with your order, we sincerely apologize and we will ship the correct product immediately upon your notice to us. We will provide credit for the incorrect item(s) upon receipt of the returned material.
If you make a mistake and order the wrong product or decide you want a different product or you simply want to return an item with no replacement, the policy is as follows:
Whole sheets, blocks, boards or rods in resalable condition are returnable within 30 days. A 15% inspection and restocking charge will apply. Credit for resalable items will be issued following re-inspection of the material.
Invoice will be credited for material only; original shipping charges still apply.
Customer is responsible for return shipping fees.
Custom-cut or custom-cast pieces are not returnable.
TERMS AND CONDITIONS OF SALE
1. Any purchase order issued in response to a CMT Materials (Seller) offer to sell is considered to be Buyer’s acceptance of these Terms and Conditions of Sale. Seller hereby objects to any additional, different or conflicting terms set forth in Buyer’s purchase order. No terms or conditions of Buyer’s purchase order shall be effective unless expressly accepted by Seller in writing.
2. Buyer’s purchase orders shall not be subject to cancellation, changes or reductions in amount, or suspension of deliveries except upon Seller’s prior written consent and upon terms which indemnify Seller against loss.
3. Prices will be those in effect on order date. Written or verbal quotations expire at the end of 30 days, unless otherwise agreed to by Seller in writing. Errors or omissions in any Seller quotation, acceptance, specification or other document shall be subject to correction at Seller’s discretion. The amount of any present or future duties, taxes or other charges imposed on any transaction between Buyer and Seller shall be added to the prices quoted or invoiced and shall be paid by Buyer, except those already charged on the face hereof. Buyer shall provide Seller with a tax exemption certificate acceptable to the authorities imposing the sale. Buyer agrees to pay for Products and any shipping or other charges in full on the terms set forth in Seller’s invoice or other documents. In addition to all other remedies Seller has under applicable law, in the event of Buyer’s default, Seller shall have the right to charge interest on overdue balances at the rate of One and One-Half (1.5%) Percent per month. Buyer shall also pay all costs of collection including, without limitation, attorney’s fees.
4. Any date of delivery furnished by Seller to Buyer is determined from the date of Seller’s receipt of Buyer’s purchase order and its agreement to payment terms as shown below. This date is only an estimate of the date of delivery and is not a guarantee of a particular delivery date. Seller shall not be liable for a failure or delay in shipment. Unless otherwise requested in writing by Buyer, all Seller products will be shipped by whatever means and carrier that Seller considers to be the most appropriate method of transportation. Risk of loss shall pass to Buyer upon delivery by Seller to the carrier.
5. Where warranties are made for specific Products, the terms of those warranties shall apply. For all other Products, Seller warrants only that a Product will be free from defects in materials and workmanship when products are installed ad operated in accordance with factory recommendations and instructions. These warranties specifically excludes damages or wear to Products caused by misuse, abrasion, corrosion, negligence, accidents, faulty installation or through interface with material incompatible with the Product. Any warranty claims must be made in writing within the warranty period. The sole liability of Seller and the exclusive remedy of the Buyer arising out of the supply or use of a Product, whether arising under contract, tort (including negligence), strict liability or otherwise shall be the modification, adjustment, repair or replacement of the goods, or refund of the purchase price.
6. Buyer shall notify Seller’s Sales or Customer Service Department within ten (10) days of receipt of Seller products regarding any defect or deficiency therein, including questions regarding the invoice, mis-shipments or lost or damaged shipment. Failure to provide such notice to Seller shall be deemed acceptance of such Seller products as complete and satisfactory to Buyer.
7. If Seller makes a Product to Buyer’s specifications, or if Seller’s Product has been modified or altered in any way by any party other than Seller after shipment or any party other than Seller has misused, misapplied, damaged or been guilty of negligence in relation to a Product, Buyer agrees to hold Seller harmless and indemnify it against any loss, cost, damage, or liability paid or incurred by Seller: (a) from any and all third party claims; or (b) resulting from any recall, inspection, testing replacement or corrosion of any Product; or (c) resulting from the violation of any law, regulation, rule, order or restriction of any governmental authority resulting from or incident to the sale of a Product to Buyer; or (d) resulting from any actual or alleged infringement of any patent, copyright or similar common or civil law right or third party resulting from sales of a Product to Buyer; and any costs of defense, attorney’s fees, inspector’s fees and/or costs of testing incidents to any of the foregoing.
8. The Sale Order and Terms and Conditions shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. For purposes of any action or proceeding involving the Sale Order and Terms and Conditions, the parties hereto expressly submit to the jurisdiction, improper venue or forum non conveniens. Buyer hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury of any dispute arising under or relating to the Sale Order and Terms and Conditions and agrees that any such dispute shall be tried before a judge without sitting a jury.
9. The Sale Order and Terms and Conditions contain the entire understanding between the parties and supersede all prior communications and understandings with respect thereto. The Sale Order and Terms and Conditions may not be superseded, amended, or modified except by a writing signed on behalf of all parties. Buyer expressly agrees to these Terms and Condition