Terms and Conditions of Sale
Orders: Orders and quotation requests should state material, purity, form, size and quantity. Unique specifications should be noted.
Prices: Quoted prices are subject to change without notice. Quotations are provided immediately for large quantities and blanket orders. Listed prices/quotations do not include taxes, freight and insurance. Phelly Materials reserves the right to change prices at time of order due to changing raw material market conditions.
Quantity: Orders are subject to a variation of 10% over or under the quantity specified and performance will be considered complete on that basis unless otherwise specifically agreed to in advance. If price is sated in terms of unit quantity, the total contract price will be adjusted to conform to the quantity delivered. Phelly Materials assumes no further liability for variations.
Delivery: Unless otherwise specified herein by Phelly Materials, shipment will be made FOB New Jersey by UPS. We will ship freight and insurance prepaid and invoice the charges. In no event shall Phelly Materials be liable for any loss or damage resulting from delays beyond its responsible control including, but not limited to, delays caused by fire, strikes or labor disturbances, inclement weather, inability to obtain necessary materials, failure of equipment, a supplier or a subcontractor. Terms: Unless otherwise specified by Seller, net 7 days for precious metals, net 30days for approved buyers. C.O.D is for others. Bank information and three trade references should be submitted for new customers to establish credit.
Termination: Buyer’s purchase order(s) may be terminated or suspended only upon the condition that Buyer assumes immediate liability for and makes payment to Phelly materials for all expenses already incurred
Warranty: Phelly Materials warrants all goods furnished by it to be free from defects at the time of delivery, provided, however, that Phelly Materials’ liability under such warranty shall be limited to, at Phelly Materials’ option replacing or giving credit for any goods which Phelly Materials’ inspection shall disclose to have been defective in the form in which they were manufactured. Phelly Materials is liable under such warranty only if written notice of the defect is given to Phelly Materials within thirty (30) days after the buyer’s receipt of the goods. The warranty shall not apply to any goods which have been subjected to abuse or mishandling. The above represents Phelly Materials’ sole remedy under this Agreement. Any and all other warranties, including those of merchantability and of fitness for a particular purpose, are expressly disclaimed.
Return of Goods: Buyer agrees not to return goods for any reason, except upon the prior written consent of Phelly Materials, and the requests for return authorization must be made within 30 days of receipt of the materials.