All orders are accepted and shipped strictly subject to these general terms and conditions, no additional or different terms or conditions stated by Buyer shall be applicable to your order unless agreed to in writing by an authorized representative of Stanford Materials Corporation (SMC).
Pricing And Order Quantities
Prices are subject to change without notice. Listed prices do not include shipping, handling, taxes, duties, brokerage fees, freight, or insurance charges. Most of the materials listed can be ordered in different quantities. For the prices in quantities not listed, please contact SMC for detailed information. All prices listed are FOB Los Angeles or Aliso Viejo, California, USA. For order quantities larger than one metric ton (MT), prices for FOB New York, Chicago, or other locations could be offered in writing by SMC upon request. A shipping and Handling fee will be added to each shipment. SMC can also ship freight collection if the buyer requires it. Quotations are effective for thirty (30) days from the date of quotation. SMC reserves the right to change prices at the time of order due to changing material market conditions if a critical material is market-price sensitive. SMC reserves the right to ship excess or deficiency of five weight percent (+/- 5%) on materials ordered.
Shipment Method and Terms
SMC will ship all materials ordered according to buyer instructions. However, SMC reserve the right to alter these instructions for hazardous materials covered by the United States Department of Transportation. In the absence of shipping instructions, materials will be shipped by whatever method SMC deems appropriate. All scheduled shipment dates are approximate and subject to delay caused by fire, strike, or other labor disturbances, Acts of God, shortages of material, or failure of the supplier to satisfactorily meet scheduled deliveries or any other factor or event beyond SMC's reasonable control, none of which factors or events shall give rise to any liability on the part of SMC, but shall constitute a waiver of any claim for delay. In no event shall SMC be liable for consequential or other damages for any delay. The material is at the risk of the buyer after delivery to the carrier. All risks for shortage, loss, delay, or damage in transit should be borne by the buyer.
Payment And Impairment Of Credit
Payment due dates are specified in SMC's quotation and invoice in writing. The net days are counted from the date of invoice, the buyer may be charged interest for overdue at the rate of 15% per annum on any outstanding balance. The buyer shall reimburse SMC, upon demand, for any costs of collection incurred by SMC, including reasonable attorneys' fee. If buyer is or becomes insolvent, or is unable to pay its debts as they mature, or files or has files against it a bankruptcy, insolvency, or if SMC in good faith doubt the ability of buyer to pay, SMC may demand cash payment in advance before shipments are made.
Any manufacturer's, retailer's, occupation, use, sales, or excise tax, duty, custom, inspection, or testing fee or any other tax, fee, or charge of any nature imposed by any government authority on or measured by any transaction between SMC and the buyer shall be paid by the buyer in addition to the contract price as quoted or invoiced, unless SMC specifically states that such taxes or charges are included in the contract price or unless at the time the order is submitted the buyer provides SMC an acceptable certificate exempting SMC from any such tax, fee or charge, the buyer shall reimburse SMC therefore upon demand.
Certificate Of Analysis And Purity Designation
All items shipped are accompanied by an analysis certificate provided by our manufacturers. The analysis is specific to an actual lot of material being sent and not a " typical analysis", unless specifically stated.
Materials Safety Data Sheet (MSDS)
All materials shipped by SMC are accompanied by a materials safety data sheet (MSDS). The MSDS is provided in compliance with OSHA. This MSDS is prepared by SMC's technical staff based upon the best of their knowledge and is offered solely for buyer's information, consideration, and investigation. SMC provides no warranties, either express or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein.
When materials have been classified as hazardous, the materials should be handled only by qualified and trained individuals. In purchasing these products, the customer acknowledges that there are hazards associated with their use. The customer represents and warrants to us that from the customer's own independent review and study it is fully aware and knowledgeable about (a) the health and safety hazards associated with the handling of the products purchased; (b) industrial hygiene controls necessary to protect its workers from such health and safety hazards; (c) the need to adequately warn of health and safety hazards associated with the product; and (d) government regulations regarding the use of and exposure to such products.
SMC warrants to the buyer, for a period of thirty (30) days after the materials are received by the buyer, that its products meet the specifications expressly defined in writing as found in its catalog, certificates of analyses, or written proposals prepared by and authorized SMC's representative. SMC does not guarantee any end-use results for any of its products. All claims for errors, defects, or damaged materials against SMC must be made by the buyer in writing within 30 days of the buyer's receipt of the materials in question. Any claims not satisfying this condition shall be deemed waived. The obligations of SMC under this warranty shall be limited to replacing such claimed materials, or allowing credit at SMC option, provided the buyer gives SMC prompt notice of the defects during the warranty period, and, if required by SMC, returns the materials to SMC. No claim will be allowed by SMC for any materials claimed by the buyer to be defective or unsuitable unless SMC is permitted to examine the product before use or processing by the buyer. All errors, defects, or damaged materials claimed by the buyer must be confirmed by SMC's inspection. In the event the SMC and buyer are unable to reach an amicable solution to the claim, the materials in question should be examined by a third party accepted by both SMC and the buyer for judgment. Goods returned without permission of SMC will not be accepted for credit and will be returned freight collected to the buyer. SMC shall have the right to remedy such defects at such time or times as may be reasonable. Buyer's exclusive remedy, for any cause or claim whatsoever, including but not limited to the alleged breach of warranty, product liability, negligence, or otherwise, shall be for money damages in an amount not to exceed the purchase price paid by the buyer for the product in respect to which the claim is made. In no event shall SMC be liable for special, incidental, or consequential damages, whether buyer's claim in contract, negligence, strict liability, or otherwise. In consideration of the sale of the product to the buyer, which sales SMC would not otherwise make, the buyer agrees to indemnify and hold SMC harmless from all claims, expenses, losses, and liability of any nature whatsoever arising out of the buyer's handling and/or use of the product, whether used alone or in combination with any other substance.
Patents And Uses
The offering of any materials does not constitute nor imply the use or infringement of any pending or issued patent.