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.