Terms & Conditions
Changes of services and/or policy notifications
Our Terms & Conditions may change at any time. As our policies, services, or prices change, we will strive to inform our Clients personally however, it is ultimately the responsibility of everyone to be informed of these changes by visiting our website.
Products
NOTE: All prices are for estimating only.
Our website is presented to you as a reference to our ever growing product line. If you are in need of a particular item and don’t see it, please call or email us anytime for further information.
All prices are based upon a tool to help you in estimating your jobs. We don’t guarantee all the items currently online, to be in stock.
All prices are based upon price at time of shipment. Prices are subject to change without notice. All prices are F.O.B. point of shipment and are exclusive of any taxes, transportation, handling, or special packaging.
All federal, state, or local taxes shall be added to the price at time of shipment. In lieu of paying such taxes, buyer may furnish an appropriate tax exemption certificate to Fair Play Metals.
Payments
Invoices are due and payable on the tenth (10th) day of the month following the date of said invoice. All payments not received within said time period shall be subject to a finance charge of 1.5% per month (18% annum) from the date of the invoice until paid.
Returns
All returns of stock items shall be in merchantable condition and are subject to prior authorization for return. A re-stocking charge of 15% will apply to all stock material.
All returns relating to non-stock or special order items are subject to the manufacturer’s prior approval. Re-stocking charges are determined by the manufacturer, but will be subject to a minimum charge of 15%.
Freight
Freight charges relating to the return of merchandise are the sole responsibility of the customer.
Cost of Collection
In the event that an invoice is not paid in accordance with its terms, customer agrees to pay all costs of collection, including all court costs and seller’s reasonable attorney’s fees incurred in collecting the amounts due seller.
Venue/Choice of Law
Customer and seller agree that any legal action pertaining to this invoice shall be interpreted and enforced according to the laws of the State of Missouri. Customer and seller agree that any litigation involving any claims relating to the goods, wares, and/or merchandise described in this invoice shall be filed in the Circuit Court of Polk County, Missouri (Circuit or Associate Division). Customer and seller hereby agree to and do waive any objections as to jurisdiction and/or venue in said court and consent to jurisdiction and venue in the Circuit Court of Polk County, Missouri.
Disclaimer of Warranties
Seller hereby states that it is only the seller of the items described on invoice and that Seller makes no warranties of any kind as to said goods, wares, and/or merchandise and that the only warranties applicable thereto, if any, are the warranties made by the manufacturers of said goods, wares, and/or merchandise. SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The manufacturers published or written warranty accompanying a product constitutes the entire warranty for the product. Fair Play Metals makes no warranties, expressed or implied, including the warranties of merchantability and fitness for a particular purpose.
Indemnification Policy
You agree to use all Fair Play Metals services and facilities at your own risk.
Buyer agrees to hold seller harmless for all claims made by all persons arising out of the sale, use and/or repairs of these goods. All expenses, including those for defending all such claims, shall be upon the buyer.