The following terms and conditions apply to all agreements and or contracts between M & M Stainless Inc. ("M & M Stainless") and the purchaser of M & M Stainless Inc. products or services ("Purchaser"). M & M Stainless Inc. will not recognize any modification of the terms and conditions herein unless specifically agreed to in writing. Additionally, failure by M & M Stainless Inc. to object to any provisions contained in any purchase order or other communication made by Purchaser, agents or representatives shall not be construed as an acceptance of said provisions, or as a waiver of the terms and conditions stated herein.

General

This contract is based solely on the Purchase Order of Purchaser and these Terms and Conditions of Sale. A Purchase order for any of M & M Stainless Inc. products or services, in whatever form issued, shall signify acceptance by the Purchaser of the warranties, terms, conditions and specifications set forth herein without exception and without deviation, which supersede all terms and conditions which appear on Buyer’s Purchase Order. Failure of M & M Stainless Inc. to object to provisions contained in any purchase order or other communication from a Buyer shall not be construed as an acceptance of such provisions, or as a waiver of the terms and conditions stated herein. No terms and conditions, warranties, payment terms or any other documentation supplied by Purchaser shall be made a part of this contract, unless specifically agreed to in writing by a person authorized by M & M Stainless Inc. to accept such different or inconsistent terms or conditions.

Quotes

The price stated on the face of the purchase order excludes all taxes, duties, crating and freight charges, unless specifically stated or listed. Quotes are normally valid for 30 Days unless noted, however due to volatilities in metal prices it’s sometimes necessary to reduce the validity of quotes, and in all cases M & M Stainless Inc. reserves the right to reject any order based on a quote. Lead times are estimates, based on availability at the time of quote, and are subject to change at any time.

Payment & Credit Terms

Standard payment terms in U.S. Dollars via Check (U.S. Banks Only), ACH or Wire Transfer. Credit Card is available for orders up to five thousand dollars without a processing fee, for orders more than this amount, a 3% merchant processing fee would apply. For NET terms, standard “Open Credit” Terms are NET 30, payment is due 30 days from invoice date based on approved credit. For terms of greater than 30 days, ex. NET45 or NET60, written approval is required. For large orders, or orders more than approved credit limits, progress payments may be required at time of order (for drawing approval), prior to production (material ordered or cut), and or prior to shipment. If Purchaser is permitted by the terms of the quotation to pay all or part of the purchase price following the date of equipment shipment, M & M Stainless Inc.’s obligations, even after acceptance by Purchaser, shall be subject to the discretion and approval of M & M Stainless Inc.’s credit department regarding the creditworthiness of the Purchaser. A merchant processing fee will be charged for any credit card payments for balances paid after time of shipment or that are past due. Overdue accounts will be levied a one and one-half percent (1 1⁄2%) per month interest charge on the entire overdue balance accrued from the invoice date. M & M Stainless Inc. will pursue interest charges as it would any other unpaid bill and will pursue aggressively any Purchaser refusing to pay such charges if and when they become due.

Changes

The purchaser shall have the right at any time to request in writing an alteration in, addition to, or deletion from the contractual scope of work (herein referred to as a "Change"). If such a Change causes an increase or decrease in M & M Stainless Inc. costs or affects time of performance, M & M Stainless Inc. shall estimate the resulting incremental costs and/or modifications to schedule and give Purchaser notification of such impact. Purchaser shall give written advice to M & M Stainless Inc. of its acceptance or rejection of the Change Order within five (5) working days after receipt of such notification and acceptance by Purchaser shall have the effect of adjusting the then existing contract price and/or schedule. If M & M Stainless Inc. submits any drawings or other deliverables to Purchaser for approval, and Purchaser or their agent does not approve them within the timeline agreed to, Seller shall have the right to ship the equipment at a later date and at an adjusted higher price, if necessitated by Purchaser’s delay.

Warranty

Standard warranty applies for a period of one (1) year from the date of shipment, that the equipment and components sold by M & M Stainless Inc. will remain free from defects in material and workmanship under conditions of normal usage and with appropriate maintenance. As M & M Stainless Inc. has no control of the conditions of use of its products, specifically excluded from this warranty are corrosion, pitting and stress corrosion cracking to the equipment and components. M & M Stainless Inc.’s sole obligation under the foregoing warranty will be limited to the repair or replacement (at the sole discretion of M & M Stainless Inc.) of the items supplied by M & M Stainless Inc. at the point of manufacture (exclusive of, but not by way of limitation) any incidental costs such as costs to remove or re-install the items in question). Shipping will be the responsibility of the Purchaser. This shall be the exclusive remedy of the Purchaser. The warranties expressed above are exclusive and are in lieu of all other warranties expressed or implied including warranty of merchantability and fitness for a particular use or purpose.

Ownership

Title to the equipment supplied to Purchaser hereunder will pass to Purchaser upon being loaded for shipment, whether by common carrier, or by Seller’s or Purchaser’s arranged trucks. All drawings and specifications shall remain the property of M & M Stainless Inc. or its affiliates and or partners. Design, calculation, and drawings only represent a portion of the costs involved and payment of any such charges does not give the Purchaser any right, title or interest in such drawings, concepts or other work product.

Have questions or concerns? Contact M & M Stainless, Inc. 209-567-2533