PRICING, QUOTATIONS AND ORDERS

Price list are subject to change without notice. Consult the factory for current pricing. Quoted prices are guaranteed for 90 days from date of the quote.  The order must ship 6 months from the date the order is accepted.  A written purchase order is required by the factory on all orders. No purchase order is effective until it is accepted by the factory.  An order verification will be issued upon acceptance of the purchase order. This verification will be the governing document. The Buyer must advise the factory in writing of any noncompliance with the purchase order. Any such advisement constitutes a new purchase order, which must be accepted by the factory. Change orders must also be formally accepted with the issuance of a new order verification and are subject to additional pricing. Once an order verification has been issued, the order is considered binding and cannot be canceled without Metcraft’s written approval. Canceled orders will be subject to a cancellation charge. Orders with indefinite ship dates (i.e. hold for approval, will advise etc.) have no status. All information required by factory must be provided by the Buyer.

SPECIFICATION REQUIREMENTS

All designs are subject to change without notice. Unless otherwise stated in the purchase order, goods will be furnished of the design in effect at the time the order is filled. Every effort will be made to quote on goods, which are equal, or superior to those specified. Metcraft will provide submittals sheets but cannot guarantee approval by architect/engineer/owner. When goods are approved as submitted, the limit of Metcraft’s responsibility is to provide the goods as approved. Field dimensions are the responsibility of the Buyer and must be given to Metcraft in writing with Buyer’s signature.

PAYMENT AND TAXES

If the order verification reflects terms, such terms are subject to credit approval prior to shipment. Check must be dated and postmarked by date-required. Payment must be based on invoice date; not date merchandise or invoice is received. All terms of payment or conditions of sale on purchase order that are contradictory to Metcraft’s payment terms will not apply. If Buyer defers delivery of goods, goods will be considered shipped on the date scheduled and payment in full is due according to terms on order verification. Any additional cost Metcraft incurs for such delay will be the responsibility of Buyer. Minimum invoice charges will be enforced. If exemption from sales taxation is claimed, a sales tax exemption certificate must be received with the written purchase order. Metcraft reserves the right to request from Buyer all required information needed to file a preliminary notice for a mechanics lien on order to perfect a lien at a future time if deemed necessary.

FREIGHT AND DELIVERY TERMS

All shipments are F.O.B. origin at Buyer’s risk. Freight terms are stated on order verification. All shipping weights are estimates only and are not guaranteed. Metcraft reserves the right to designate the freight carrier. Shipping dates are not guaranteed. Metcraft is not liable for any loss or damage arising out of delay in delivery of any goods due to causes beyond its control. When an order is scheduled and in production, changes in shipping date can only be made by written notice on the condition that any charges incurred will be charges to Buyer and rescheduling will only be made on the basis of factory convenience. Items must be shipped within one year from date of quote unless this period has been extended in writing by factory.

CLAIMS AND SHORTAGES

The Buyer must file all claims for losses and damages in shipment; provided however, Metcraft will, if requested in writing, file such claims if Buyer has complied with all of the following within five working days after receipt of shipment:

            1. Inspects shipment immediately upon receipt.
            2. Have shipment inspected by delivering carrier for losses & damages.
            3. Files inspection report with carrier and sends copy to factory.

All claims for failure to receive shipment must be reported in writing to Metcraft within 30 days of invoice date. All claims for shortages must be reported in writing to Metcraft within 14 days of shipment.

RETURN OF GOODS

All items are manufactured per specification.  The return of any goods is based on Metcraft’s discretion. No goods shall be returned without written return materials authorization (R.M.A.) from factory.  Requests for R.MA.’s must be made within 60 days of shipment. To receive an R.M.A., the Buyer must supply the invoice number and date. Terms of the return are listed on Metcraft’s R.M.A. when it is issued.

WARRANTIES

Goods manufactured by Metcraft are warranted to be free from defects in workmanship and material for a period of one year from date of shipment. Metcraft must receive written notice from buyer of any defects promptly after discovery and within a one year period.  Parts must be returned to Metcraft for inspection. Within a reasonable time after such notification & the return of product, Metcraft will, at its sole option, repair or replace defective product. This is the Buyer’s exclusive remedy for breach of warranty. Metcraft will under no circumstances be responsible for consequential, incidental or special damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory. The statute of limitation within which any claims can be filed against Metcraft is one year.

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE

The failure of Metcraft to insist upon the strict performance of the terms and conditions of sale shall not constitute or be construed as a waiver or relinquishment of Metcraft’s rights thereafter to enforce any such term or condition or any other term or condition. Metcraft’s order verification shall be construed under and governed by the Missouri Uniform Commercial Code and such laws of the state of Missouri as may be applicable.