Elmco Swords, Inc. | Elmco & Associates, Inc. | Elmco Stewart, Inc. | Elmco Silver State
Prices
Prices for the products of Elmco Sales, DBA Elmco Stewart and affiliates and subsidiaries (collectively, "the Company") are subject to change without notice. Quotations expire 30 days from issuance unless extended and remain subject to error correction. The Company's sales order confirmation serves as the binding agreement over the Buyer's purchase order. Prices shown on the sales order confirmation (order acknowledgement) may not reflect the price at the time of invoice. Items are invoiced at the prices effective on the date of shipment.
All prices exclude taxes, tariffs, duties, and governmental charges. Buyers must provide proper exemption certificates or pay applicable taxes to the Company. No agent may authorize exceptions.
Project Quotation
Project quotations require acceptance within 30 days maximum (or extended period if approved in writing). Buyer purchase orders are requested. The Company's order confirmation (order acknowledgment) is the governing document, and the Buyer has the responsibility to advise the Company, in writing, of any non-compliance with purchase order.
Change orders require formal acceptance through new order confirmations and incur additional pricing.
Terms, Taxes, Minimum Invoice & Mechanics Liens
Terms: Net 30 days from date of invoice. Unpaid invoices after 30 days incur 2% monthly service charges beginning at due date. Court costs and attorney fees apply if legal action becomes necessary.
Taxes: Sales tax applies unless a valid Resale Certificate is received prior to invoicing.
Mechanics Liens: The Company reserves authority to request information necessary for filing preliminary notices to perfect liens based on project value and Buyer's financial history. Material shipment may be withheld pending receipt of requested information.
Freight, Weights & Special Delivery
Freight: Shipments are F.O.B the Company, except where specifically stated otherwise. Freight allowance applies only to single shipments to specific locations; partial or multiple shipment requests are F.O.B.
Weights: All weights shown in the Company's literature or quotations are estimates and are not guaranteed.
Carrier: The Company selects carriers for prepaid and FFA shipments.
Special Delivery Charge: Minimum $50.00 charge applies for special airline or bus terminal delivery.
Shipping Date: Every effort is made to comply with scheduled shipping dates; however, the Company is not liable for any loss or damage arising out of delay in delivery. Written notice changes shipping dates only if Buyer absorbs incurred charges.
Transportation Claims & Shortages
Transportation Claims: For F.O.B. orders, the responsibility of the Company ceases upon delivery of products in good condition to the transportation company. Consignees must file freight claims for F.O.B. losses or damages. For FFA orders, the Company files claims if consignees comply within 5 working days: immediate inspection, carrier inspection, notation on bill of lading, and report submission to factory.
Shortages: No claim for shortages will be honored unless the Company is notified within five (5) working days after receipt of shipment.
Returned Goods
No material shall be returned without prior written permission. Return material authorization (RMA) requires providing original invoice number/date or sales order/purchase order number. All material must be returned freight prepaid. Credits incur handling charges up to 35%, plus restoration and outgoing freight deductions.
Product Approvals, Field Measurements & Cancellations
Product Approvals: When quoting equivalent materials, every effort is made to quote products which are equal or superior to those specified. Certified data sheets are provided at no cost for architect/engineer approval; approval cannot be guaranteed.
Field Measurements: Buyers bear responsibility for obtaining measurements and transmitting them in writing. Company employee measurements require Buyer verification and written approval.
Change in Specifications or Cancellations: These can only be honored by written notice with the understanding that any changes incurred will be chargeable to the Buyer.
Force Majeure
The Company will not be liable for any failure or delay in performing an obligation that is due to any of the following causes: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, transportation issues or generalized lack of availability of raw materials or energy.
Limited Warranty
Products are sold under applicable manufacturer warranties. Claims must be made in writing to the Company within a reasonable period after receipt of the product. Defective items should be delivered prepaid for inspection. The Company's liability under any manufacturer's warranty shall be discharged by replacing, without charge, F.O.B. the Company, any goods, or parts thereof, which are found, upon inspection, to be of defective material and/or workmanship.
The Company assumes no other warranties and shall not be liable for general, special, or consequential damages claimed to arise under the contract of sale.
