Terms And Conditions
Identification required from all customers. Possession of our catalog does not constitute the right to purchase from Hamilton Caster, Inc. (Hamilton Caster).
All prices offered are net wholesale prices with trade discounts already deducted
Hamilton Caster is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.
For customers with established credit, terms are net thirty (30) days from date of shipment. At Hamilton Caster's option, export orders may be subject to special export payment terms and conditions. If credit is not established, please include payment with order or purchase through Visa, MasterCard, or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. Hamilton Caster shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, Hamilton Caster may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND HAMILTON CASTER SHALL HAVE NO FURTHER LIABILITY.
Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the contiguous United States, using a carrier of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the consignee. Items backordered from an order qualifying for prepaid shipping charges will be shipped prepaid. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, consignee must file claim with the carrier.
HAMILTON CASTER LIMITED WARRANTY
Any Hamilton product that exhibits a defect in materials or workmanship within a period of one year from date of purchase will be repaired or replaced, at our option, free of charge. However, the defect must be promptly reported to the factory (or selling dealer) and prior authorization must be obtained from the factory before returning or reworking product. Warranty does not apply in cases of overload, misapplication, accident abuse, normal wear-and-tear, damage in transit, or unusual operating conditions (such as temperature extremes) about which we are not consulted in advance. Hamilton products are not intended for human conveyance or amusement rides. In all cases our liability shall be limited to the factory invoice cost of the product.
Hamilton Caster will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call Hamilton Caster, giving date and number of original invoice, and describing defect.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Hamilton Caster attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
No Warranties to Consumers.
Hamilton Caster makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
OSHA Hazardous Substance & California Proposition 65 Product Information.
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available by contacting Hamilton Caster, 1637 Dixie Hwy., Hamilton, OH 45011 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacturer is considered to be accurate and reliable. Hamilton Caster, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. Hamilton Caster disclaims any and all liability to any user.
Hamilton Caster shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Hamilton Caster in the conduct of its business.
Any cancellation must be approved by Hamilton Caster, and may be subject to restocking and other charges.
Customer shall not assign any order or any interest therein without the prior written consent of Hamilton Caster. Any actual or attempted assignment without Hamilton Caster's prior written consent shall entitle Hamilton Caster to cancel such order upon notice to customer.
Modification of Terms.
Hamilton Caster's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in Hamilton Caster's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of Hamilton Caster's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Hamilton Caster unless agreed to by Hamilton Caster in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Hamilton Caster's acknowledgment, Hamilton Caster's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Hamilton Caster of any of the terms and conditions contained in Hamilton Caster's acknowledgment.
The terms and conditions in Hamilton Caster's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Hamilton Caster.
Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Ohio, excluding conflict of law rules, and venue shall be in Butler County, State of Ohio.
No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Hamilton Caster, Inc. Customer further consents that submission of its order shall subject Customer to the jurisdiction of the federal courts of the United States and of the State of Ohio where acceptance occurred in the United States.
HAMILTON CASTER LIMITED WARRANTY
Any Hamilton product that exhibits a defect in materials or workmanship within a period of one year from date of purchase will be repaired or replaced, at our option, free of charge. However, the defect must be promptly reported to the factory (or selling dealer) and prior authorization must be obtained from the factory before returning or reworking product. Warranty does not apply in cases of overload, misapplication, accident abuse, normal wear-and-tear, damage in transit, or unusual operation conditions (such as temperature extremes) about which we are not consulted in advance. Hamilton products are not intended for human conveyance or amusement rides. In all cases our liability shall be limited to the factory invoice cost of the product.
Before returning any product Customer believes is defective, Customer shall contact Hamilton Caster with the date and number of the original invoice, the stock number, and a description of the defect. Contact information is available at www.HamiltonCaster.com or email: firstname.lastname@example.org.
Many countries and localities have laws, codes and regulations governing sales, construction, installation, and/or use of products for certain purposes that may vary from those in other areas. While Hamilton Caster attempts to assure that products comply with all applicable laws, codes and regulations, Hamilton Caster does not guarantee compliance, and is not responsible for how the product is installed or used. Therefore, Customer shall have responsibility for compliance with all applicable laws, codes and regulations, including, without limitation, ANSI, CE, DIN, UL, NEC, FAA, DOT, NOM, IMDG, IATA, and CSA, regarding installation or use of products. Before purchase and use of a product, Customer must review the product application and applicable laws, codes and regulations to assure full compliance with such laws, codes and regulations.
ALTHOUGH HAMILTON CASTER HAS USED REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE, AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. HAMILTON CASTER EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HAMILTON CASTER EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR PRODUCT MISAPPLICATION.
LIMITATION OF LIABILITY.
ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. HAMILTON CASTER'S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO SUCH LIABILITY. HAMILTON CASTER'S PAYMENT OF SUCH AMOUNT SHALL BE THE FINAL AND EXCLUSIVE REMEDY IN THE EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT BE CONSTRUED OR ALLEGED BY CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SALES, FREIGHT AND OTHER TERMS
Hamilton Caster sells products to Customers for (i) resale, or (ii) use in business, government or original equipment manufacture. The warranties set forth above apply to the sale of such products. Possession of, or access to, any Hamilton Caster catalog, literature or websites does not constitute the right to purchase from Hamilton Caster. Hamilton Caster reserves the right to change specifications and correct publishing errors. Identification is required from all Customers.
Prices and payment terms herein are subject to change or correction without notice. Customer should contact Hamilton Caster for current pricing.
Sales Tax and Duties, Import Fees.
Hamilton Caster is required to charge national, state, local tax, applicable duties, and import fees on products for which Customer has not provided valid exemption certification. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and fees and licenses, and expenses as may be applicable. When ordering, Customer shall indicate clearly which products are tax exempt.
On any open account sale, Customer hereby grants to Hamilton Caster a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Hamilton Caster. Customer agrees to file or permit Hamilton Caster to file any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Hamilton Caster's priority lien or security interest. Customer agrees to inform Hamilton Caster immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.
Customer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit balance remaining will be subject to cancellation, and Hamilton Caster shall have no further liability.
Shipping Charges and Freight Policy.
Standard shipping terms are FOB, Hamilton Caster shipping warehouse. Freight costs are the responsibility of the purchasing party using a routing of Hamilton Caster's choice, unless otherwise agreed. Customer shall be responsible for obtaining insurance. At Hamilton Caster's option, this freight policy may be subject to special terms and conditions for certain export orders. Title and risk of loss for products shall pass when made available to Customer on delivery to carrier in the United States; provided that if payment has not been made at the time of shipment, Hamilton Caster shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Customer must file claim exclusively with airline, carrier, vessel and/or insurance company; provided, however, that if Hamilton Caster has not received payment in full at the time the product is damaged in transit, Hamilton Caster shall have the right to file claim exclusively with airline, carrier, vessel and/or insurance company.
Any cancellation by Customer must be approved by Hamilton Caster, and may be subject to restocking and other charges.
Trademarks, Copyrights, and Domain Names.
Customer acknowledges that it has no right, title, or interest in the trade names, trademarks, copyrights, or domain names of Hamilton Caster, and in the product names, and covenants that it will take no action to register or otherwise interfere with such rights of Hamilton Caster. Customer agrees that it will not copy the products sold to Customer or their packaging, trade dress, catalogs, or websites.
Quotations on large quantities are available upon request. Customer should contact Hamilton Caster.
These terms and conditions, together with any other terms and conditions that Hamilton Caster publishes or makes available to Customer (i) on an invoice or a packing slip, (ii) at "www.Hamilton Caster.com," or (iii) in any document including, without limitation, those involving extension of credit by Hamilton Caster, or export of products, represent the entire agreement between the parties and shall supercede all written and unwritten statements, agreements, and understandings between Hamilton Caster and Customer pertaining to the subject matter of this agreement.
Modification of Terms. All orders by Customer to purchase Hamilton Caster products are subject to acceptance by Hamilton Caster. Hamilton Caster's acceptance of any order is conditioned upon Customer's assent to all terms and conditions applicable to the transaction. No additions or modifications of terms and conditions by Customer shall be binding upon Hamilton Caster unless agreed to by Hamilton Caster in writing. If a purchase order or other correspondence contains terms and conditions proposed by the Customer that are contrary to the applicable terms and conditions, Hamilton Caster's acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the Customer, and will not constitute a waiver by Hamilton Caster of any of the terms and conditions pursuant to which this agreement is made.
Hamilton Caster shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Hamilton Caster in the conduct of its business.
Customer shall not assign any order, any interest therein, or this order without the prior written consent of Hamilton Caster. Any actual or attempted assignment without Hamilton Caster's prior written consent shall entitle Hamilton Caster to cancel such order or to terminate this agreement upon notice to Customer.
Export Controls and Related Regulations.
Customer represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors.
Foreign Principal Party in Interest; Freight Forwarder and Documentation.
It is specifically agreed that Customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Customer's agent in such capacity for Export Administration Act or other applicable purposes; and Customer and freight forwarder shall assume responsibility for all export or routed transactions documentation. At Hamilton Caster's request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to them by Hamilton Caster.
U.S. Foreign Corrupt Practices Act.
Customer acknowledges that it is an Independent Contractor, as defined in the next paragraph, and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of the products ordered.
Hamilton Caster and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, Hamilton Caster.
Governing Law; Limitations.
The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of Ohio, United States, including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.
If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of Hamilton Caster and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
Actions by Hamilton Caster for nonpayment by Customer of the purchase price of products sold by Hamilton Caster, or for redress of other breaches by Customer of these Terms and Conditions may be brought by Hamilton Caster, at its option, before any United States or foreign judicial court of competent jurisdiction. At Hamilton Caster's option, disputes between Customer and Hamilton Caster, including all claims for non-performance by Hamilton Caster, shall be finally settled by arbitration in Hamilton, Ohio United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Ohio, United States, and the language of the arbitration shall be English.
Country of Importation and Anti-diversion.
Customer represents that it is purchasing products from the United States and importing them to the country specified in Customer's and Hamilton Caster's documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination contrary to such laws. Products will be exported from the United States in accordance with the Export Administration Act regulations and other applicable regulations. Diversion contrary to United States law is prohibited.
If requested by Hamilton Caster, Customer shall provide documentation satisfactory to Hamilton Caster verifying delivery at the designated country. Customer further agrees to inform Hamilton Caster at the time of order of any NAFTA or other special documentation, packaging or product marking or labeling, but Hamilton Caster shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents as are necessary under United States export laws and regulations for export, unless Hamilton Caster expressly agrees to do so.
Permits, Export, and Import Licenses.
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Act, Toxic Substances Control Act, or other applicable legislation or regulations; including but not limited to the Department of Defense or Department of State regulations.
No Third Party Benefit.
The provisions stated above are for the sole benefit of Hamilton Caster and Customer, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Materials of Trade.
Customer represents that if it is purchasing goods as its "materials of trade," as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations, the goods shall be used in direct support of its business, such business does not concern transportation, and such goods shall not be resold or transported in a vehicle other than the one owned by itself unless it has been properly packaged, documented and declared to the carrier.
The failure of either Hamilton Caster or Customer to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party.