- Agreement Terms: Regardless of terms requested on your purchase order, our terms, listed here and on the front represents our entire agreement and will apply to this order unless modified in writing by an officer of Fisher Cast Steel Products, Inc.
- Metal Surcharge: Surcharges on quotes are based upon our current metal prices. At time of order, surcharges are adjusted to the current metal prices. In extraordinary cases, metal costs / surcharge may need to be adjusted due to market conditions outside of our control. In the event these costs increase after order placement, Fisher will notify you to confirm your acceptance of the increase.
- Actual vs. Estimated Weight: Quotes are made using estimated weights. Your price will be based on actual weights.
- Foundry Tolerances: Castings will be produced to standard foundry tolerances noted in the Steel Founders Society of America Handbook, Fifth Edition, Chapter 13, Table 13-11a for Tolerance Grade T4.
- Customer Patterns, Drawings, & Property: We will not be liable for the loss or damage to customer patterns, drawings, or property caused by fire, theft, or other causes beyond our control. Insurance coverage for customer property in our possession is solely the customer's responsibility.
- Patterns: If we handle manufacturing of patterns, we will fix them at no cost if not to pattern specification. If patterns are provided by you and not to your specification, you will pay the cost to fix them. You pay the freight for pattern shipments. Pattern storage and handling is subject to charges quoted separately.
- Payment: Payment terms are net cash thirty (30) days. Payment terms can be modified at the discretion of us/Fisher Cast Steel.
- Taxes: Taxes are your responsibility and are not included in the price.
- Warranty and Disclaimers: We warrant castings made by us against defects. It is a condition for this warranty that you notify us if the defect or damage is the result of normal wear and tear, improper maintenance, neglect, misuse, accident, or operation under abnormal conditions. Our liability for defective castings shall be limited to repairing or replacing, at our option, the defective castings. It is a condition for this warranty that you notify us of the defect within ninety (90) days of delivery date regardless of the date of discovery of the defect. The replacement or repair of the defective goods will be made F.O.B our plant and no allowances will be made for machine work, transportation,installation, or other charges. The repair or replacement represents our sole and exclusive liability for any defect or failure of the goods, whether liability is based on contract, warranty or tort, and in no event shall our liability exceed the price of the order. Claims of error in number or weight must be made within ten (10) days of receipt.
Except to the extent that the descriptions of size, quantity, and type, which may appear on the reverse side hereof, may be construed as express warranties under applicable state laws. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND THERE ARE NO IMPLIED WARRANTIES OR MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL HAVE NO LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUE AND DAMAGES OCCURING TO ANY PERSON OR TO ANY OTHER PART, COMPONENT OR PROPERTY ARISING OUT OF THE INSTALLATION, OPERATION, USE, MISUSE, NON-USE, REPAIR OR REPLACEMENT OF SAID GOODS, OR DUE TO THE USE OF ANY METHOD OF PROCESS FOR WHICH THE SAME MAY BE EMPLOYED. You shall assume and indemnify us from any loss (including the cost of defense) due to claims of injury to person or property arising out of your installation, possession or use of these goods.
- Patent Infringement: We are making castings to your specification. It is your responsibility to defend us against any patent infringement claims.
- Title and Risk of Loss: Title passes to you at F.O.B. point. You will be responsible if losses occur after F.O.B. point.
- Delivery Delays: We shall not be liable to you for any loss or damage suffered by you, directly or indirectly, as a result of our failure to perform, or delay in performing, any term or condition hereof, where such failure or delay is caused by fires, labor troubles, including strikes and lockouts, wars, embargoes, government regulations, interruptions of or delay in transportation, accidents, explosions, acts of God, or other causes of like or different character beyond our reasonable control. We are not liable in any event for any special or consequential damages caused by any delay in delivery.
- Certifications: Chemical and mechanical certifications will be made available, and you will be charged separately, if specifically requested on your purchase order.
- Packaging: All crates, skids, or packaging materials will be charged separately.
Miscellaneous: Just because we don't enforce some of these terms and conditions doesn't mean we waive our rights to enforce them. Your order is firm. If you cancel, it must be in writing. If you cancel, and if we accept, you will owe us for the unpaid castings shipped and in process and any special materials and equipment we bought unique to your order. You cannot return castings for credit without prior written approval from us. Contact us for a Returned Material Authorization (RMA) number.