Yarde Metals, Inc. Website, Drop Zone Terms & Conditions
- QUOTATIONS AND ORDERS
- All quotations are subject to change without notice, and are subject to
continued availability of the quoted material. All sales are made subject
to strikes, accidents, or other causes of any kind beyond our reasonable
control. We will not consider an order to have been placed with us until
full specifications identifying the material being ordered have been
provided to us.
- A buyer may not, except with our written consent, cancel any order for
material which we have special ordered from the mill.
- We will, at a buyer?s request, provide our best estimate of the
anticipated time of delivery of any order, but we will have no liability
for any non-timely delivery.
- At this time the Drop Zone is unable to process orders using international billing addresses or for delivery outside the United States. Customers outside
the United States may place orders by contacting our international sales team at email@example.com or by calling 860-406-6383.
- MINIMUM ORDER
- When the value of all the items in your shopping cart from the Drop Zone
is less than $75.00, the difference will be added to "Handling Charge".
You will have the opportunity to add additional items, pay the difference
or delete the order.
- UPS will be our primary method of shipping to all areas. All associated
costs will be added to the items purchased.
- Common Carrier will be used when weight requires or upon request for
accounts outside our normal delivery zones. All shipments will be FOB
shipping point collect.
- Items over 150 lbs. being delivered in our normal truck zones will be,
at our option, on a Yarde Metals truck.
- SHIPPING TOLERANCE
- Shipping tolerance is plus/minus 10 percent of the ordered quantity unless
otherwise specified and agreed upon at time of contract.
- TITLE AND RISK OF LOSS
- If material is shipped to a buyer via a carrier designated by the buyer,
title and risk of loss to the material shall pass to the buyer when the
material is loaded at our plant.
- If material is shipped to a buyer via any other carrier, title and risk of
loss to the material shall pass to the buyer upon delivery at the buyer?s
plant and buyer?s release of the shipping documents. However, buyer must
note any shortage or damage on both buyer?s copy and the carrier?s copy of
the carrier?s receipt, freight bill or delivery memo, and cause both
copies to be signed by the carrier?s driver or representative. If buyer
does not do so, we
will be responsible for any shortage or damage only (i) in the case of a
carrier that is owned or operated by or affiliated with us, if we
establish to our reasonable satisfaction that there was in fact a shortage
in the delivery or that the damage occurred prior to receipt of the
material by buyer, as applicable, or (ii) in the case of any carrier that
is not owned or operated by or affiliated with us, if we are able to
recover for the shortage or damage from such carrier.
- TECHNICAL ADVICE
- None of our agents, employees or representatives have any authority to
bind us to any affirmation, representation or warranty other than those
stated herein or on our delivery receipt or invoice form. In particular,
any technical advice we furnish with respect to the use of material is
given without charge, and we assume no obligation or liability for the
advice given or the results obtained, all such advice being given and
accepted at buyer?s risk.
- We warrant that all material, at the time of shipment by us, shall conform
to specifications set forth on the face of our delivery receipt or
invoice. We do not warrant against any non-conformity to the extent that
such non-conformity results from damage, misuse, abrasion,corrosion,
negligence, accident, tampering, faulty installation, improper storage,
inadequate maintenance, or any other cause affecting the material after
the shipment of the material.
- We disclaim all other warranties with respect to material sold or services
rendered, whether express or implied, including the warranties of
merchantability and fitness of the material or services for any particular
purpose. By placing an order with us, a buyer affirms that the buyer has
not relied upon the skill or judgment of us or any of our agents,
employees or representatives to select or furnish material for any
particular purpose, and the sale is made without any warranty by us that
the material is suitable for any particular purpose.
- Any description of the material or service contained on our sales forms or
any other correspondence is for the sole purpose of identifying it and
does not constitute a warranty that the material or service shall conform
- EXCLUSIVE REMEDY
- We will at our option and as a buyer?s exclusive remedy, replace with new
material, or refund the purchase price for, material that in our opinion
is defective if the buyer gives written notice of the defect to us within
30 days after receipt. This exclusive remedy shall not be deemed to have
failed of its essential purpose so long as we are willing and able to
replace defective material or refund the purchase price within the time
- UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DAMAGE,
INCLUDING ANY DIRECT OR CONSEQUENTIAL DAMAGE OR LOSS, ARISING FROM
CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, LOSS OR DAMAGE TO BUILDINGS, CONTENTS, PRODUCTS OR PERSONS.
- Buyer must immediately discontinue use of any item claimed to be
defective. No charge for labor or expense required to repair defective
material or damages occasioned by it will be allowed.
- RETURNS OR EXCHANGES
- Return shipments must be authorized by us in advance. All materials
subject to minimum restocking charges. Materials proving defective as
dispositioned by our Quality Assurance department will be replaced. No
claims for labor or damage are allowed. Material must be inspected
promptly as Yarde Metals, Inc. will not accept any claims after 30 days of
- LIMITATION OR ACTIONS
- No action against us for breach of any sales agreement may be brought more
than one year after the cause of action accrues.
- Our sales are made pursuant to our terms and conditions. If we receive a
purchase order or other document from a buyer that limits acceptance to
its terms or states that our acknowledgement, shipping of material,
commencing work, or other act or failure to act constitutes acceptance of
an offer on the terms of the purchase order or other document, no
responding document sent by us shall be a definite and seasonable
expression of acceptance of the buyer?s offer. In that event, our
responding documents are intended as a counteroffer, accepted when the
buyer accepts shipment of any of the material described. We hereby object
to any term contained in a buyer?s purchase order or other document if the
term is different from or in addition to the terms herein.