TERMS AND CONDITIONS
Goods supplied by MSMG SHIMS USA are supplied upon the following terms and conditions:
- A contract is formed when MSMG SHIMS USA has received a purchase order and either sends the Purchaser a written acceptance/order confirmation or dispatches goods pursuant to the order.
- The price is that quoted by MSMG SHIMS USA in respect of the particular order and will supersede any other published offers. Prices are quoted as FOB destination and are subject to sales tax and delivery fees where applicable. Goods can be shipped collect as FOB shipping point, upon request.
- Dispatch dates will be observed subject to MSMG SHIMS USA ability to effect transport by available means. MSMG SHIMS USA shall be excused for any delay in performance due to delay in transportation caused by the freight company or any other cause beyond the reasonable control of MSMG SHIMS USA.
- No claims in reference to items covered by the invoice will be recognized unless made in writing, to include the invoice number, within 7 days of delivery.
- Payment is to be made prior to the fabrication of goods or at the time of shipment for stock items, unless there is an approved account. An approved account requires payment within our standard terms of net 30 days from the original invoice date. If not paid as required, MSMG SHIMS USA reserves the right to charge interest at a rate of 2.5% per month on all outstanding balances due past the 30 day term date, plus any expenses, costs or disbursements, including debt collection agency fees and attorney costs, and these will be paid in addition to all outstanding invoice balances.
- Unless prevented by statute, all implied terms, conditions and warranties are excluded. MSMG SHIMS USA guarantees that the products will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the Purchaser or third party. The Purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of MSMG SHIMS USA to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods. MSMG SHIMS USA will not be under any liability in respect MSMG SHIMS USA of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it, to the customer whether or not in connection with the manufacturer, preparation or supply of goods and/or services to the customer, provided that MSMG SHIMS USA has provided such technical advice or assistance with due care and skill. Any claim for warranty by the Purchaser will be considered only after the Purchaser returns goods with Proof of Purchase to MSMG SHIMS USA. Such claims may be subject to MSMG SHIMS USA and/or MSMG SHIMS USA supplier’s/ manufacturer’s discretion and their terms and conditions of warranty.
- All goods are supplied subject to retention of title. The goods remain the property of MSMG SHIMS USA until complete payment is received by MSMG SHIMS USA. The Purchaser may resell the goods in the ordinary course of the business subject to maintaining MSMG SHIMS USA’s rights against the goods and acting as judiciary in recovering payment of the goods and segregating such proceeds for the account of MSMG SHIMS USA until MSMG SHIMS USA is paid in full. The Purchaser assigns to MSMG SHIMS USA any claims or rights against sub Purchasers in order to enable MSMG SHIMS USA to make full recovery on monies owed to them in respect of the goods. In the event of the failure of the Purchaser to pay for the goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution or distress, MSMG SHIMS USA may enter the Purchaser’s premises or elsewhere where the goods are stored or installed and recover them, or in the event the goods are not in the original saleable condition, other goods to the value of all outstanding monies, or to appoint an agent in writing to do so and the Purchaser acknowledges and guarantees such right of entry during normal business hours.
- Any purchased fabricated steel shall be manufactured per the contract documents, MSMG SHIMS USA supplied drawings and the purchase order. Fabrication tolerances, if not noted on the detailed drawings, are to be + – 1/16 inch. Bundling for each product will be per MSMG SHIMS USA instructions. Invoices for fabricated components shall be issued upon the completion of fabrication regardless of whether products have been shipped.
- This agreement shall be governed by the laws of the State of New Jersey. Jurisdiction to enforce the mediation and arbitration provisions of the agreement will be held in the Federal and/or State District Courts located in the State of Ohio.
- MSMG SHIMS USA does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by any waiver made by its employees and agents on any occasion, unless in writing and approved by an officer of the company.
- The Purchaser hereby releases, indemnifies and defends MSMG SHIMS USA from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the Purchaser’s design or specification.
- MSMG SHIMS USA will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including but not limited to, strikes, lock-outs, labor disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the Purchaser or any other party as a result of any such event.
- MSMG SHIMS USA may in its absolute discretion accept the return of standard products (but not special/custom or fabricated products) to the credit of the Purchaser provided that such products are returned to MSMG SHIMS USA unused and undamaged, and with proof of purchase, before the expiry of 14 days after their delivery to the Purchaser and the Purchaser agrees to pay a handling and restocking charge equal to 20% of the price or a minimum fee of $20 PLUS tax. No returns of special/custom or fabricated products will be accepted and MSMG SHIMS USA may in its absolute discretion, not accept the return of non-stock quantities or products.
- These conditions will not be varied unless MSMG SHIMS USA agrees in writing with the approval of an officer of the company. If this agreement should be in conflict with the customer purchase order, this agreement will supersede.