Terms and Conditions
Standard Terms For All Domestically Sold Welded Products
In most cases once credit has been established our terms are 30 days FOB. In some cases, a deposit may be required.
Standard Terms for All International Sales of Welded Products
A 50% deposit is required to start the order. The balance must be paid prior to shipping. The client is encouraged to inspect his equipment prior to ship.
Standard Terms For Rush Orders
Rush orders are subject to expedite fees.
Cancellation of Contract and Unique Orders
Due to lead time and monetary requirements necessary to order materials for customer orders, it is necessary to enforce a monetary fee for all cancelled orders and contracts. If the materials are unique for the customer in type or in volume, the customer is required to pay 100% of the value of the materials in production, stock or on order that cannot be cancelled. In this case, we will gladly ship all of the materials to you at your own expense.
At Weldcoa’s discretion, if it is possible to readily use the materials for other orders or products, the customer will be charged 15% of the value of the materials in stock or on order which cannot be cancelled with the suppliers.
Cancellation of Orders in Production
For orders, which have already started production, the customer will be required to pay a 5% order cancellation fee and standard parts, and 15% of the quote price if the product may be finished and sold to another customer. If the product is unique for their specifications, they will be charged 100% of the value of the materials in production.
Cancellation of Completed Orders
At Weldcoa’s discretion, for items which have completed production, the customer will be required to pay 5% on standard parts, and 15% of the quoted price on non-standard products as an order cancellation fee is the product can be sold to another customer. If the product is unique for their specifications, they will be charged 100% of the quoted price. In this case, we will gladly ship all of the finished goods to the customer at their expense. The value must be paid in full before finished goods are shipped.
Return/Credit of Delivered Product
At Weldcoa’s discretion, for standard Weldcoa items delivered to a customer returns to Weldcoa for refund or credit, there will be a 15% restocking fee. Unique items, which are particular to the customer’s specifications, may only be returned if approved by our Vice President. For these products, the minimal fee is 25% of the price of the product and may require additional costs to convert the product into something which may be sold to another customer.
Conditions of Weldcoa
Customer Purchase Orders
- Payment by Buyer to Seller. Buyers payment shall be made to Seller within thirty days after issuance by Seller of its invoice to Buyer. The parties agree that all payments owing after the due date shall bear interest at the rate of one and one-half (1.5%) per cent per month.
- If Buyer defaults under any of the provisions of this Purchase Order, Buyer shall be responsible for and shall pay to Seller all amounts due and any other damages including reasonable attorney’s fees incurred by the Seller whether or not the litigation has bee n commenced, together with court costs, if any.
- Shipment of Products. The products shall be shipped F.O.B. Aurora, Illinois to Buyer’s facility at the address specified in the Purchase Order.
- Allocation of Risk. Any risk of loss associated with the products remains with the Seller until the time of delivery of the products by the Buyer at the “shipped to” address. After receipt of the products, the risk of the loss is with the Buyer, including any risk associated with any products subsequently returned to the Seller until their receipt by the Seller.
- Excused Non-Performance. Either party’s performance hereunder (except the obligation to pay money when due) shall be subjected to floods, strikes, or other labor disturbances, wars delays of carriers, inability to obtain material or any other similar or dissimilar cause beyond such other party’s reasonable control.
- Representation and Warranties. Seller represents and warrants to Buyer that: Seller is the sole owner and rightfully transfers marketable title to all products under this Sales Order, free from any security interest or other lien or encumbrance of any third party. All products and services are warranted against defects in materials and workmanship for a period of one year, from delivery of the products by Seller to Buyer. Purchased parts that become a part of the product are excluded from this warranty and are subject to the original manufacturer’s warranty, if any.
- Jurisdiction and Venue. The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of Illinois without giving effect to the principles of comity or conflicts of laws thereof. Each party hereto agrees to submit to the personal jurisdiction and venue, of the courts located in Cook County or Kane County. Illinois shall have exclusive jurisdiction over any claim relating to the Purchase Order and the parties waive and other venue or jurisdiction for the resolution of all disputes and causes of action arising out of this Purchase Order, and each party hereby waives all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense therein that such courts constitute and inconvenient and inconvenient forum.
- Waiver of Jury Trail. Each of the parties waive its right to a jury trial.
- Independent Contract. Seller is an independent contractor under the Purchase Order and not an agent or employee of or partner of joint venture with Buyer.
- Entire Contract. The terms of this Customer’s Purchase Order are intended by the parties as a final expression of their agreement with respect to its terms and as a complete and exclusive statement of its terms.