Sales Terms & Conditions

Indiana Tube Corporation Standard Terms and Conditions of Sale

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The sale of goods described on the face side hereof (“Goods”) is made on the express condition that Buyer assents to the promises, terms, and conditions set forth below, whether or not they are additional to or different from any terms and conditions proposed by Buyer. Indiana Tube Corporation (“Seller”) expressly objects to Buyer’s additional, different or conflicting terms.

  1. Deliveries. The Goods will be delivered FOB place of shipment unless otherwise specified on Buyer’s order, shipment may be made by the method or carrier deemed most feasible by Seller. Freight allowances, if any, are based on rates prevailing on the date of price quotation. Buyer shall pay increases due upon due date for payment of Goods. The Goods furnished hereunder shall be produced and their amounts determined in accordance with Seller’s standard practices. Orders of bulk tube and random lengths shall be provided within fifteen percent (15%) (plus or minus) of ordered quantity unless otherwise specified on the work order. Orders of fabricated produced parts, other than random length, will be provided within ten percent (10%) (plus or minus) of ordered quantity unless specified on the work orders. Buyer agrees that among Seller’s standard practices are included the measurement of tubing by weight and converting the weight to footage or pieces, in addition to direct counting. All Goods, however, including those produced to meet exact specifications, shall be subject to trade practices, tolerances and variations.
     
  2. Cancellations. Buyer may not cancel any order for Goods unless agreed to in writing by Seller. Seller reserves the right to cancel any order for Goods owing to (a) its inability to perform due a Nonliability Event (as defined below); (b) a change in the identity of the Buyer; (c) a failure on the part of the Buyer to pay its account when due; or (d) for any other reason that Seller finds it impossible, despite its best efforts, to perform hereunder.
     
  3. Risk of Loss. After delivery of the Goods to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, whether or not the products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer’s favor, and whether or not Buyer rightfully revokes acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder.
     
  4. Warranties. Seller warrants only that the Goods conform to Seller’s published specifications, if any, and the description on the face hereof. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INLUDING ANY WARRANTY WITH RESPECT TO NON-INFRINGEMENT OF THE PATENT RIGHTS OF OTHERS OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE.
     
  5. Credit. Any credit is subject to final approval by an authorized officer of Seller at its main office.
     
  6. Payment Terms. Payment is due 30 days after invoice, unless otherwise stated.
     
  7. Service Charge. Buyer agrees to pay a service charge of the lesser of 1-1/2% per month or the maximum allowed by applicable law on all unpaid amounts after due date.
     
  8. Modification. No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Seller.
     
  9. Claims of Buyer. As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following. All c