Terms of Sale & Use
18. Jurisdiction |
The following terms and conditions apply to all visitors to or users of MetalsDepot.com, including retail, wholesale, and OEM, customers of Metals Depot Stores International, a Division of ELCO Incorporated. By accessing the Metals Depot Web Site, user acknowledges acceptance and agreement to these terms and conditions.
TERMS & CONDITIONS OF SALE, WEB SITE USE
1. LIMITED USE LICENSE
Metals Depot grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. Metals Depot retains the right to terminate your limited use license at will, at any time. 
2. SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us, you may access and make a limited number of copies of the pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by Metals Depot. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
3. DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, downloading CAD models, software or any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
4. USER CONTENT
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of Metals Depot. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. Metals Depot reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
5. TRADEMARKS, COPYRIGHTS, & TRADE DRESS
Metals Depot, The Metals Depot, MetalsDepot.com, America's Metal Superstore, Just what you need...Delivered, Any Quantity, Any Size...Delivered, are trademarks, registered trademarks, or service marks of our parent company ELCO Inc. Trade dress of Metals Depot website, catalogs, retail stores, signage, merchandising, promotional items, display racks, etc. is hereby claimed and strictly protected.
Unless otherwise indicated, all material, images, software, layout, design and functionality on this website is protected by Copyright owned by ELCO Inc. All information on this server is protected under the copyright laws of the United States of America and in other countries. In addition, certain other information is copyrighted by others. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on theMetals Depot system. All Rights Reserved, and strictly enforced.
6. DISCLAIMER
If you have specific technical or chemistry requirements that our products need to meet for your application, we strongly suggest obtaining a Mill Test Report from us prior to purchasing to assure all requirements are met as thetechnical information and images provided throughout this website is intended only to provide assistance in the selection of our products for your application. This information is provided "as is" and Metals Depot makes no warranty of any kind with respect to the subject matter or accuracy of the information contained herein. Metals Depot specifically disclaims all warranties, expressed, implied or otherwise, including without limitation, all warranties of merchantability and fitness for any particular purpose. In no event shall Metals Depot be held liable for any special, incidental, indirect or consequential damages of any kind or any damages whatsoever resulting from loss of use or profits, whether or not advised of the possibility of damage or failure to perform as expected, and on any theory of liability, arising out of or in connection with the use of the information or products contained herein. METALS DEPOT'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY. Final determination of the suitability of our material for any application or the manner of its use is the sole responsibility of the user. Colors and/or Textures of our products will vary from mill to mill and cannot be guaranteed to match any specific product or application. This publication may include technical inaccuracies and typographical or graphical errors.
7. LIMITATIONS OF WARRANTIES
INFORMATION AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE AT ANY TIME TO THE INFORMATION HEREIN WITHOUT PRIOR NOTICE. PRICES ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT PRIOR NOTICE. WE RESERVE THE RIGHT TO ACCEPT OR DECLINE ANY ORDER, WITHOUT REASON.
8. PRICING & QUOTATIONS
Prices listed on this website are "Wholesale" and do not include packaging, freight, taxes, and/or duties and are subject to change without notice. All market sensitive commodity products are priced according to current market conditions. Online prices contained within this website may not correspond to pricing at our retail locations and cannot be enforced and are valid for orders placed online only. Pricing among our authorized distributors or affiliates are "Retail" and are set by them individually and may vary.
Quotations are subject to change without notice, are subject to prior sale, inventory availability, and unless otherwise agreed are binding only for immediate acceptance. All sales are made subject to strikes, accidents, or other causes of any kind beyond our reasonable control. We reserve the privilege to cancel orders which full specifications have not been given within the time agreed and/or full payment has not been received.
9. CONFIRMING ORDERS
Telephone orders and order placed via our website are accepted at the risk of the buyer and shipments made before the receipt of confirmation are for the special convenience of the customer. Faxed, signed orders are considered as confirming orders and will be processed and delivered as such. A BUYER MAY NOT; EXCEPT WITH OUR WRITTEN CONSENT, CANCEL ANY ORDER FOR MATERIAL THAT WAS SPECIALLY ORDERED OR PROCESSED, INCLUDING CUT TO SIZE MATERIAL.
10. PROCESSED ORDERS
Orders placed with Metals Depot that requires cutting-to-size or any special processing, requires payment in advance of actual processing and shipment of order. Customers on open account with payment terms are excluded if their account is current and in good standing. Most orders ship within 1 - 3 Business Days. Custom Cut, Special Processed, and Galvanized orders may require additional processing time.
11. SPECIAL ORDERS
Metals Depot sources products from thousands of manufacturers and distributors around the world. Special order, non stock items may be filled and shipped directly from these sources. Orders for specialty material or sizes that are not considered normal in-house stock, will require full payment in advance and may not be cancelable or returnable.
12. TERMS OF PAYMENT
All orders shall be paid fully in advance of processing or delivery. Customers on open account are bound to the terms set forth by Metals Depot for their particular account. All accounts mustbe paid within Net 30. Past due accounts are subject to a 1.5% per month, 18% per annum, service charge if these terms are not met. Accounts requiring collection proceedings are subject to the reimbursement to Metals Depot, court costs and legal fees incurred, in addition to the amount due on account plus service charges.
13. SHIPMENTS AND DELIVERIES
Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's designated shipping address anywhere in the contiguous United States, using a freight carrier of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and international orders. Any extra charges incurred for additional services, such as customer's preferred freight carrier, or special handling by the carrier, must be paid by the consignee. Every possible effort will be made to securely package and correctly ship orders and meet the expected delivery date of all ordered material set forth at the time of order confirmation. Material that is placed on back order will be shipped at time of inventory replenishment. Actual delivery dates and transit times are estimated only, and are subject to sources or carrier conditions beyond our control and are NOT GUARANTEED. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO UNLOAD ORDERS FROM THE DELIVERING CARRIER. Orders that are shipped via LTL or tractor trailer truck are shipped FOB (Freight on Board). Please make sure that upon delivery that you have the proper equipment or manpower to unload your order and that your location is easily accessible by tractor trailer truck. If you need special packing or delivery accommodations, arrangements should be made with us prior to shipping as additional fees may be incurred. In the event your order is not unloaded at time of delivery and must be rescheduled or shipped to another address, additional charges may be incurred.
14. DAMAGED SHIPMENTS AND CLAIMS
ALL MERCHANDISE IS ACCEPTED BY THE FREIGHT CARRIER IN GOOD CONDITION. The freight carrier is responsible, per the terms of the Bill of Lading, to deliver the merchandise to you in the same good condition. Title and risk of loss pass to customer upon tender of shipment to the customer.
YOU MUST INSPECT YOUR ORDER IMMEDIATELY UPON DELIVERY FOR DAMAGES, SHORTAGES, and ACCURACY. YOUR SIGNATURE ON THE CARRIERS DELIVERY RECEIPT INDICATES THAT YOU HAVE RECEIVED YOUR ORDER CORRECTLY AND UNDAMAGED UNLESS NOTED OTHERWISE. BEFORE ACCEPTING DELIVERIES YOU MUST INSPECT AND NOTE ANY DAMAGES OR SHORTAGES ON DRIVER'S DELIVERY RECEIPT. NO EXCEPTIONS! DO NOT REFUSE YOUR SHIPMENT AS YOU MAY BE RESPONSIBLE FOR THE REDELIVERY OF YOUR ORDER. We will work with you in replacement of the damaged items.
Failure to note damages or shortages at time of delivery on drivers receipt indicates your acceptance of this shipment as is and waives your right to future claims. In the event of a problem, we must be notified within 24 hours of receiving your order. Failure to notify us within 24 hours indicates your acceptance of material as is. In the event of damage, be sure to retain the entire outer shipping container and carton (and packing material) in which damaged goods were packed. The damaged merchandise must be in the original container when inspected by the carrier.
Shortages or errors in shipment of orders should be noted on shipper form at time of receipt and reported to Metals Depot within 24 hours. Every effort will be made to assist you in filing a claim with the carrier, make corrections and/or remedy in a timely fashion.
15. RETURNS AND CANCELLATIONS
ALL SALES ARE FINAL. A customer may not, except with our written consent, cancel any order for material which we have special ordered, already processed or has shipped. Once an order has been processed, packaged or special ordered, the order then becomes a return. Once orders have been processed they are non-cancellable. If you wish to cancel an order you must contact us right away as they enter production very quickly. Cancelling an order may incur a minimum $20.00 CANCELLATION FEE if your order has already been printed. Orders for material transferred from our distribution centers or shipping direct from affiliate warehouses are non-cancellable. BE CERTAIN OF YOUR ORDER BEFORE PLACING!
ALL SALES ARE FINAL. Except in rare occurances, acceptable and authorized returns are charged a 30% restock service fee plus actual non-discounted shipping costs, if the order has already left our warehouse. Returns are not allowed on special order items, non-standard, or custom cut lengths. Returns must be received in our warehouse within 10 days of original delivery and in undamaged, resaleable condition. Returns received after the 10 days or in non-resaleable condition will be refused and returned at your expense.
In the event that you have incorrectly ordered a stock item or length you must contact Customer Service for possible return or correction within 10 days of delivery. Returnable items must be shipped back to our warehouse at your expense and must have a Return Authorization Number clearly marked on the outside of the package. Orders returned without a RA number will be refused. Authorized returns must be received in our warehouse within 10 days of issuing a RA number, or the return will be refused. Once material is received by our warehouse in resaleable, unmodified condition, credit will be issued to you, less applicable fees mention herein.
16. REFUSAL OF DELIVERY
ALL SALES ARE FINAL. Refusing delivery does not waive our return policy. If you do refuse delivery of an order for any reason, you will be responsible for both actual outbound and return freight charges plus a 30% restock service fee. Once material is received by our warehouse in resaleable condition, credit will be issued to you, if any, less applicable fees mention herein.
Material that has been Cut-to-Size or specially processed just for your individual order will not be credited if delivery is refused. BE CERTAIN YOU ARE ORDERING THE CORRECT MATERIAL FOR YOUR APPLICATION OR PROJECT AND THAT YOUR HAVE THE MEANS OF UNLOADING YOUR ORDER UPON DELIVERY.
17. PROMOTIONS
Special promotions, discount codes and coupons are applicable only to orders placed online via our website. Custom quotes, special customer specific pricing, contract pricing and dealer pricing is excluded from promotional discount offers. Metals Depot reserved the right to reject the use of any promotional discount and/or terminate a promotion at anytime without notice.
18. JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky applicable to contracts made and to be performed in Kentucky, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Kentucky in connection with any action arising out of or related to these Terms and Conditions or this web site.
19. ACCEPTANCE OF TERMS
By accessing this web site and/or purchasing products from Metals Depot, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein (collectively, the "Terms and Conditions"), all of which constitute an agreement between you and Metals Depot. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from Metals Depot are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and Metals Depot except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Metals Depot acknowledgment, Metals Depot fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Metals Depot of any of the terms and conditions contained herein or in Metals Depot acknowledgment.
Mill Test Reports (MTR) are ONLY available when purchasing full mill lengths. Certificates of Compliance are available for items less than full mill length. Any required documentation MUST be requested at time of order.
Terms and Conditions, Revised as of January 1, 2012.
Metals Depot Stores International, a Div.of ELCO Incorporated reserves the right to amend terms and conditions at any time. In case of violation of any of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations.Report violations of Copyright, Trademarks, Trade Dress.