MAJESTIC STEEL USA, INC.
STANDARD TERMS AND CONDITIONS OF SALE
Our Terms of Sale includes the following topics. For specific information regarding any particular topic, please click on the link below:
- Title and Risk of Loss; Delivery
- Product Warranty
- Limitation of Liability
- Force Majeure
- Entire Agreement
- Governing Law
Each customer order for the sale of steel goods (the “Material”) by Majestic Steel USA, Inc. (“Majestic Steel”) to customer (“Buyer”) is expressly conditioned upon (i) Majestic Steel’s acceptance of the order, which acceptance may be in writing (an “Order Acknowledgement”) or performance of Majestic Steel’s obligations pursuant to Buyer’s order (a “P.O.”), and (ii) application of these Standard Terms and Conditions of Sale. If there is a conflict between an Order Acknowledgement (including these Terms and Conditions) and a P.O., the Order Acknowledgement (including these Terms and Conditions) shall control.
Buyer is responsible for accepting delivery of and paying for the entire quantity of Material ordered. Buyer acknowledges that quantities delivered by Majestic Steel may vary within industry standards from the ordered amount, and that Majestic’s delivery of such quantities constitutes complete performance. Buyer may not terminate an order for any reason.
Unless otherwise expressly agreed to by Majestic Steel, the price for each item is (i) the amount referenced in the Order Acknowledgement or P.O. (as applicable), (ii) stated in U.S. dollars, and (iii) F.O.B. to the stated destination point. Prices do not include applicable taxes, tariffs, duties, charges or surcharges, all of which remain the responsibility of Buyer.
Title and Risk of Loss; Delivery
Title to, and risk of loss of, Material pass to Buyer upon delivery of Material at the destination point, or in the case of a Buyer pick-up, then prior to loading Material with a common carrier. Upon delivery of Material, Buyer will inspect for damage and patent defects. Buyer acknowledges that delivery dates are approximate only, and delays in shipment of Material, for any reason, are not a breach of the parties’ agreement.
Majestic Steel may charge Buyer a reasonable storage fee for Material if Buyer (i) requests a delivery date other than that referenced in the Order Acknowledgement or P.O. (as applicable), or (ii) fails to timely provide any documentation necessary for the delivery of Material. Any Material not released by Buyer may be disposed of by Majestic Steel and Buyer is responsible to pay Majestic Steel all unpaid storage fees and disposal costs.
Buyer shall pay the total invoiced amount in accordance with the terms of Majestic Steel’s written invoice. Majestic Steel reserves the right to charge interest on amounts not paid when due. Buyer has no right to set-off against any amount payable.
Majestic Steel warrants that the Material supplied will, at the time of delivery, conform to ASTM standards for tolerances and quality. THE FOREGOING EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Claims for shortages and Material damaged during transit must be made in writing within 3 days after Majestic’s delivery of Material to the point of delivery. Claims for breach of warranty and non-conforming Material must be made within 120 days after Majestic’s delivery of Material to the point of delivery. Any Material subject to a claim shall be held by Buyer as if it were prime until directed by Majestic. All Material claims are subject to the policies and procedures set forth in the Majestic Steel USA, Inc. Customer Claims Policy, which are expressly incorporated and available at www.majesticsteel.com/customer-claims-policy.
Limitation of Liability
Buyer’s sole and exclusive remedy is, at Majestic Steel’s option, replacement of non-conforming Material or the refund of the purchase price paid by Buyer (if applicable). Majestic Steel is not liable for any consequential, incidental, special or punitive damages.
Majestic Steel is not liable for any cost, expense, loss or other damage incurred by Buyer for any failure or delay in performance by the occurrence of any fire, catastrophe, embargo, strike, lockout or other labor trouble, delays in delivery of materials or supplies from suppliers or unavailability of conforming Material, injunction, federal, state or local government or judicial intervention or restriction, legislative changes, war or armed conflict, act of God or other circumstances beyond the reasonable control of a party (a “Force Majeure Event”), provided, that, Majestic Steel shall, after the occurrence of a Force Majeure Event, use commercially reasonable efforts to cure.
These Standard Terms and Conditions of Sale, Majestic Steel’s Order Acknowledgement or P.O. (as applicable), Majestic Steel’s Customer Claims Policy, and the Majestic Steel Credit Application and Agreement contain the entire agreement with respect to the subject matter, and supersede all other agreements or communications between the parties. Any modifications must be in writing and signed by Majestic Steel. No failure or delay by Majestic Steel in exercising any right or remedy operates as a waiver (in whole or in part), or precludes any further exercise of any other right or remedy.
These Standard Terms and Conditions of Sale and the Order Acknowledgement are governed by the laws of the State of Ohio.
LAST REVISED: March 2018