All orders are subject to acceptance by Alummerce and are governed by these terms and conditions.
Any order accepted by Alummerce can not be countermanded, revised or cancelled without Alummerce’s written consent, and upon such terms as will indemnify Alummerce against any financial loss.
The customer agrees that upon receipt of any material, the customer will immediately before any production at the customer’s premises or elsewhere notify Alummerce in writing of any defect or any variance from the specifications, and failure by the customer to notify Alummerce in writing forthwith shall constitute a waiver by the customer of the defect or variance and shall relieve Alummerce of all responsibility for any loss caused by any defect or variance that was or would have been discovered in such an incoming inspection.
Notification of nonconforming parts, regardless of the nature of the defect or whether the defect was discoverable upon incoming inspection, must be made by the customer in writing within 3 days after shipment by Alummerce. Samples should accompany such notification. Alummerce will inspect the samples and authorize the return if, in Alummerce’s opinion, the part is defective. Alummerce will not accept the return of any merchandise until Alummerce has authorized it in writing. Credit will be issued after Alummerce has inspected the returned material and has found it to be defective. Alummerce’s liability for defective material shall be limited to replacement of materials as ordered only. Alummerce’s liability for loss, theft or damage of any nature whatsoever of and to materials, products or parts supplied by the customer, and Alummerce’s liability for finishing errors, treatment errors and any other processing errors, shall not exceed the value of the finishing, treatment or process undertaken by Alummerce
Alummerce may, at any time, alter or suspend credit, refuse to ship parts or cancel unfilled orders, when, in its opinion, the financial condition of the customer or the status of its account warrants such action.
Alterations in material or delivery specifications of any kind, must be proposed by the customer in writing 3 days before shipment.
Goods are shipped at the purchaser’s risk only. Alummerce is not responsible for delays of LTL carriers, damage to goods, loss of goods in transit, or any loss after shipment has been receipted for by carrier as in good order. Claims for loss or damage must be filed directly with the carrier.
Any measurement given on any drawing or website or quoted in any manner by Alummerce is not given for cost calculation purposes and the customer acknowledges that Alummerce shall not be responsible for any errors in these measurements or calculations.
All taxes required to be collected by Alummerce or paid by customer directly, including but not limited to sales and use tax, excise tax, custom duties, and other such taxes and levies as may be assessed by local, state and federal governments within the appropriate jurisdiction, are the sole responsibility of customer. Customer will reimburse Alummerce in full for any of the foregoing taxes or levies that are imposed on Alummerce. If customer asserts that any transaction is tax exempt, customer shall provide to Alummerce a tax or levy exemption acceptable to the taxing or levying authority.
To the maximum extent permitted by law, Alummerce shall have no liability for any damage, loss, expense or liability of any nature which the customer may suffer or incur except to the extent that the recovery of direct losses or expenses attributable to Alummerce’s negligence, breach or willful misconduct is permitted under these terms and conditions. Alummerce shall not in any event be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), whether or not foreseeable, even if Alummerce has been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence, for breach of contract or otherwise; provided, however, that the foregoing shall not apply to the extent that such loss or damage is caused by fraud on the part of Alummerce.
Customer shall comply with customs, export and import requirements of the country of export and country of importation of the goods.
With respect to sales made by Alummerce in Canada, these terms and conditions shall take effect and be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any action arising out of an order made by Alummerce in Canada may be brought in any federal or provincial court located in Quebec having jurisdiction of the subject matter, and Seller consents to such court’s personal jurisdiction over Seller and waives any objection that such court is an inconvenient forum.
No waiver, alteration or modification of the foregoing terms and conditions shall be valid, unless made in writing and signed by a duly authorized officer of Alummerce.
The parties specifically request that these terms and conditions and all documents related hereto be drawn up and signed in the English language only.
Les parties aux présentes exigent que cette convention ainsi que tous les documents y afférents soient rédigés et signés en langue anglaise seulement.