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Phone: 440-350-1430
Fax: 440-350-1676

Terms and Conditions of Sale

1. All orders are subject to National’s acceptance in the form of a printed or electronically transmitted order acknowledgement. Price validity is effective at the time of quotation and is subject to change without notice.

2. Payment terms are 1% 10 net 30 days with approved credit. If credit is denied for any reason, Prepayment or C.O.D shipping may be granted at the discretion of National’s credit department. Payment terms commence at the date of the invoice. If the purchaser fails to fulfill the terms of payment, National reserves the right to revoke or modify payment terms without notice. National reserves the right to delay or cancel future orders or order releases if the purchaser fails to remain within the credit terms as set forth by National. The purchaser will be in default by failing to provide full payment within National’s payment terms. If in default, the purchaser will be liable for collection costs including any reasonable attorney’s fees plus the costs and expenses of any legal action. Prepayment or C.O.D shipping may be granted at the discretion of National’s credit department.

3. Freight terms are F.O.B. shipping point and all shipments will be shipped as “freight collect”. National bears no responsibility for any additional freight charges for any reason including extended or delayed transit times. Risk of loss or damage to products in transit shall be the responsibility of the purchaser and the purchaser shall immediately notify the carrier in writing of such loss or damage. Title to shipments will pass onto the purchaser upon departure of the shipping point. National warrants that all shipments will be adequately packed for domestic shipments.

4. No product will be accepted for return without National’s prior written approval. Any approved cancellations require that National will be fully reimbursed for all expenses incurred including but not limited to any purchase commitments it might have made, and such terms of cancellation shall be solely within the discretion of National. A 30% restocking charge will be applied to credits covering the approved return of material. All returns must be “freight prepaid” and are the responsibility of the purchaser. All returns must be in their original containers bearing Nationals container labels.

5. In the event of any delay or failure in National’s performance due to any act of God, fire, explosion, strike of any difference with workmen, shortage of utilities, facility, materials of labor, delay in transportation, substantial increase in costs to National, breakdown or accident, compliance with or other action taken to carry out the intent or purpose of any law or regulation, or any cause beyond National’s reasonable control., National shall have such additional time with which to perform as may be reasonably necessary under the circumstances. This right to apportion its available inventory of products among its customers will be in such a manner as deemed to be equitable. Such event or events shall not result in any liability of National to the purchaser. 6. All products furnished hereunder shall be subject to National’s standard practices, including, but not limited to variations of shipments of ten percent (10%) from original order quantity.

7. National warrants that the products furnished shall substantially conform to the relevant industry standards in effect at the time of order acceptance. The foregoing warranties shall not apply if the products have been subject to abuse, misuse, negligence, accident, reuse, or modification. However, no warranty of suitability for any particular purpose, nor any representation of warranty, whether express or implied, is made respecting said products or the production thereof, and in no event shall National be liable for damages, including but not limited to incidental, special, consequential, or other damages arising out of or in connection with the uses of the products even if National has been advised of the possibility of any such damages.

8. National will replace, at the delivery point specified on the face hereof, any product furnished hereunder that is found to be defective or otherwise fails to conform, or at National’s option, it will repay the price paid for such product, plus any transportation charges paid by the purchaser. Claims must be made within 30 days following delivery of the product to purchaser and National must be given a reasonable opportunity to investigate the cause of the claim. National accepts no liability for charges for sorting or rework performed by or for the purchaser without prior written permission of National. Purchaser’s exclusive remedy for the failure of National to furnish conforming products or to any warranty is expressly limited to the replacement or repayment as provided for above and National shall not be liable to purchaser or anyone else for any other claims or damages, whether direct or indirect, consequential, or incidental. National’s liability for any other breach of this contract shall be limited to the difference between the delivered price and the market prices of such goods at purchaser’s destination at the time of such breach.

9. No terms or conditions other than those stated herein, whether contained in purchaser’s purchase order, shipping release, or other document, and no written or oral agreement that purports to vary these terms and conditions shall be binding upon National. All representations, negotiations, and proposals made prior to the date of this order/quotation are merged herewith. Any waiver by National or any breach of these terms and conditions shall not be construed as a waiver of any other breach.

10. Unless otherwise agreed upon in writing by both National and the purchaser, all electroplated or coated products are furnished in accordance with commercial practices for electroplate or coating processes and are not represented or held out as meeting specific consensus, government, original equipment, or any other coating standards. All thread-gauging requirements are applicable prior to plating/coating. After plating/coating, thread-gauging requirements must be agreed upon in writing by both National and the purchaser prior to quotation or supply of the product.

11. This Agreement shall be governed by the laws of the State of Ohio.

12. Any controversy that relates to this Purchase or the transactions contemplated hereby shall be litigated in the Lake County Court of Common Pleas, Lake County, Ohio.

National Threaded Fasteners   |   3705 Lane Rd   |   Perry, OH 44081   |   Phone: 440-350-1430   |   Fax: 440-350-1676
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