Shipping & Delivery

Entire agreement

If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.

Controlling terms

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties concerning the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

Acceptance of orders

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods following these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

Prices

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. The buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. The buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

Delivery

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.

Transportation and risk of loss

The method and route of shipment are at Seller’s discretion unless the Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when the Product is delivered to the selected carrier, even if Seller made a nonconforming tender. The buyer attempts to revoke acceptance of the Product, or the Buyer repudiates this document after the Products have been identified hereto.

cancellation or modification

Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

Warranty and disclaimer

Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.

Limitation of liability

The buyer acknowledges and agrees that the seller’s liability for any claims concerning the products shall not exceed the amount paid by the buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if the seller’s liability is due in whole or in part to its negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action has accrued.

Return of material

Not Accepted in Digital Design Drawing Products 

Accepted in Physical Products only if any manufacture or shipping Defect is Found.

Indemnity

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any claims, losses, liability, damages, and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller.