Order Terms and Conditions
Pursuant to Ohio Revised Code Section 1302.10 and/or Texas Code Section 2.207, as applicable, Specialty Pipe & Tube’s acceptance of the customer purchase order applicable to this acknowledgement/acceptance is expressly conditioned on the customer’s assent to Specialty Pipe & Tube’s terms and conditions set forth herein.
Specialty Pipe & Tube’s policy concerning tubing or pipe objectively determined by a test lab, and consistent with industry standards to be defective is to replace the material up to the value of the customer’s original purchase price of the defective material. Replacement or credit for material is at the discretion of Specialty Pipe & Tube and is exclusive of freight as well as any additional processing charges. Material found to be defective will be credited or replaced free of charge. This policy is consistent with the current position from each of our manufacturers and will be our customers’ sole & exclusive remedy. SPECIALTY PIPE & TUBE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. UNDER NO CIRCUMSTANCES SHALL SPECIALTY PIPE & TUBE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES.
Specialty Pipe & Tube makes every effort to supply material that meets commercial specifications and is free of defect. Our management and Quality Assurance systems have been developed to continually improve and measure our overall performance in order to maintain the highest customer satisfaction possible.
Freight cost is generally included in all quoted pricing. However, unless otherwise expressly agreed to in writing by Specialty Pipe & Tube’s authorized representative, the customer assumes title and all risk of loss upon Specialty Pipe & Tube’s delivery of the ordered product to the common carrier at Specialty Pipe & Tube’s facility or, if the customer picks up the ordered product at Specialty Pipe & Tube’s facility, when the pick up occurs at Specialty Pipe & Tube’s facility.
Termination or Modification. The agreement and any associated purchase order may be modified or terminated only upon Supplier’s prior written consent. Once the PURCHASE ORDER is confirmed AND THE PRODUCT HAS BEEN CUT OR ALTERED IN ANY WAY (HEAT TREATING, MACHINING, ETC.) PURSUANT TO THE PURCHASE ORDER, the PURCHASE ORDER between the parties shall be considered completely non-cancelable and non-refundable. FOR STOCK ORDERS (NO CUTTING, HEAT TREATING, MACHINING, ETC.), THE customer may cancel OR MODIFY the purchase order or, IF ALREADY SHIPPED, return the PRODUCT. FOR ANY ALLOWED CANCELLATIONS, MODIFICATIONS OR RETURNS OF STOCK PRODUCT, THE CUSTOMER SHALL BE RESPONSIBLE FOR THE COST OF SHIPPING BOTH WAYS, if applicable, AND A RESTOCKING FEE UP TO ______%, TO BE DETERMINED IN SUPPLIER’S SOLE DISCRETION.