|
|
 |
 |
|
 |
|
|
|
How does Titanium Industries price the titanium we sell?
The Titanium Industries, Inc. online system is designed specifically to offer customers real-time,
Sales Rep enhanced pricing.
When you register to use the system we setup your ordering and quote requests to let your personal
Titanium Industries Sales Representative know when they are transmitted. In this manner, we can
consistently offer our very best prices, based on market fluctuations and regional influences.
|
|
Who May Register?
Anyone is invited to explore and use the Titanium Industries, Inc. Online
Catalog and Procurement Planning System. We would encourage anyone with an interest in
using titanium, in any size project, to come in and use the system to compare titanium to
alternative metals.
|
|
Minimum Orders
Titanium Industries, Inc. accepts minimum online orders of $350.00 USD through the online system.
|
|
Finding the Products You Want
Titanium Industries, Inc. stocks more than 2500 different products. If you have trouble finding the titanium product
you need in the system, be sure to call Titanium Industries, Inc. Our customer service representatives augment our
online system with personalized care and help finding any hard-to-find products.
|
Typical Delivery and Lead Times
- Standard warehouse stock, purchased as-is, is typically shipped within 24 hours of order placement.
- Standard saw-cut bar or billet is typically shipped 2-3 working days after orders are placed.
(Please
call for delivery information on large orders.)
- Standard saw-cut plate is shipped 3-5 working days after ordering.
(Please call for delivery information on large
orders.)
- Please indicate in your order if RUSH delivery is required.
|
|
Returns
Only standard sizes of titanium mill products may be returned for a company credit. Custom cut material is
not returnable, and material that is altered by the customer in any way may not be returned. Returns are
accepted only with authorization. You must call Titanium Industries or e-mail info@titanium.com
in order to get an RMA number and a Red-Tag Warehouse Acceptance Tag for your goods in order to make a return.
|
|
Stocking Programs
If you would like to use the Procurement Planning System to set up a regularly delivered Stocking
Program, please be sure to make notations in your order. We can handle the periodic, routine
fulfillment of a regular, repeat order.
|
|
International Orders
Contact your Titanium Industries, Inc. Representative directly to arrange for wire funds transfer
for International Orders. You
may also use VISA or Mastercard Procurement Cards to facilitate International Ordering.
Titanium Industries, Inc. international orders are FOB Titanium Industries, Inc.
shipping distribution center to your shipping location.
Final Shipping Charges are forwarded to you via email after calculation.
|
|
Terms and Conditions of Sale
|
|
TITANIUM INDUSTRIES, INC.
TERMS AND CONDITIONS OF SALE (including security provisions) |
1. Terms: Unless otherwise stated, the terms of payment will be net
thirty (30) days from invoice date, with interest at the rate of 10%
per annum on the unpaid balance on all invoices not paid when due.
Unless otherwise stated, all prices are F.O.B. Titanium Industries,
Inc.'s plant.
2. Variations: Shipments will be subject to a quantity and/or
variation of + 15%, the same to be accepted by Buyer as compliance
with the contract. Reorders will be deemed as having been placed
under the same terms and conditions as are set forth herein unless
such orders are placed under a revised written quotation (and/or
offer) and acceptance.
3. Acceptance: This offer by Titanium Industries, Inc. ("Seller") may
be accepted only in writing by the Buyer or its authorized
representative, and once having been accepted by Buyer, shall be
binding upon the parties only unless and until approved by the
Seller or its duly authorized officer at Morristown, New Jersey;
provided, however, that, if not sooner accepted in writing, if this
offer (containing these terms and conditions) is sent to Buyer
contemporaneously with or accompanying Seller's shipment of any
of the goods covered hereby, then this offer (containing these terms
and conditions) shall be deemed accepted in its entirety by Buyer
upon Buyer's acceptance, in whole or in part, of the tender of
delivery of such shipment (and the contract resulting thereby is
herein referred to as the "Agreement"). Once so accepted and
approved, the Agreement is intended by the parties as a final
expression of their agreement with respect to the subject matter
hereof, and as a complete and exclusive statement of its terms. No
course of prior dealing between the parties and no usage of trade
shall be relevant or admissible to supplement, explain or vary any of
the terms hereof. Acceptance of, or acquiescence in, a course of
performance rendered under this or any prior agreement shall not
be relevant or admissible in determining the meaning of this
agreement even though the accepting or acquiescing party has
knowledge of the nature of performance and an opportunity to
make objection. No understandings, representations or agreements
have been made or relied upon in the making of this agreement
other than those specifically set forth herein. Acceptance (or
deemed acceptance) by Buyer of this offer (containing these terms
and conditions) shall constitute an agreement upon the part of
Buyer to the terms and conditions hereof, and supersedes all
previous agreements. If the Buyer, in lieu of accepting this offer in
the manner contemplated by this paragraph 3, shall forward to the
Seller a purchase order for the goods covered hereby, which
purchase order is received by Seller prior to any shipment of the
goods covered hereby, such action shall be deemed to be the
Buyer's acceptance of this offer (containing the terms and conditions
herein expressed), subject to the approval by the Seller from one or
more of its authorized officers, notwithstanding the fact that the
Buyer's purchase order may contain terms different from or
additional to those contained herein; in such event, such different or
additional terms shall be null and void, but such nullity shall not
affect the formation of the contract between Buyer and Seller on the
terms herein set forth. Buyer's forwarding of a purchase order
received by Seller at any time subsequent to Seller's shipment of all
or any part of the goods covered hereby shall be a nullity and of no
legal effect whatsoever. This offer is not a firm offer and may be
revoked or withdrawn at any time prior to Buyer's acceptance (or
deemed acceptance). This offer is for acceptance by Buyer within
thirty (30) days and is subject to change or withdrawal at any time
prior thereto without notice.
4. Packaging and Risk of Loss: Unless otherwise stated, prices cover
bulk packaging only. Risk of loss is upon Buyer at all times after the
goods are delivered to a carrier at Seller's plant.
5. Taxes: Buyer agrees to pay any and all sales taxes, tariffs,
surtaxes, excise taxes, and use taxes which either Buyer or Seller
may become legally liable for as a result of this transaction.
6. Patents: Buyer assumes all liability for infringement of patents,
copyrights or trademarks, and agrees to defend, indemnify, and hold
harmless Seller against any claims arising from such infringement.
7. Delays: Seller shall not be responsible for any delay in
performance or delay in delivery caused by circumstances beyond its
control, including, but not limited to an act of God, fires, floods, wars,
government actions, accidents, labor troubles, labor shortages,
unavailability of materials, unavailability of equipment, or
unavailability of transportation.
8. WARRANTIES; DISCLAIMER OF ALL OTHER WARRANTIES: Seller
warrants that the goods sold hereunder shall substantially conform
to the description and specifications set forth in or appended to this
offer, subject to the customary mill tolerances and normal variations
consistent with good mill practices and inspection methods with
respect to dimension, weight, straightness, section, composition
mechanical properties, surface and internal conditions and quality.
THERE ARE NO EXPRESS WARRANTIES INVOLVED IN THIS
TRANSACTION OTHER THAN THOSE WARRANTIES STATED HEREIN.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE
DESCRIPTION APPEARING ON THE FACE HEREOF. THE FOREGOING IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER,
EXPRESSED, IMPLIED IN STATUTE, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. DEFECTIVE ITEMS MUST BE HELD FOR
SELLER'S INSPECTION AND RETURNED TO THE ORIGINAL POINT OF
DELIVERY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT AND
TO THE EXTENT THAT ANY OF THE GOODS COVERED HEREBY (OR ANY
COMPONENTS THEREOF) ARE MANUFACTURED OR PROCESSED BY
ANY THIRD PARTY, THEN SELLER'S SOLE OBLIGATION WITH RESPECT
TO SUCH GOODS (OR COMPONENTS) SHALL BE TO ASSIGN TO BUYER
(IF AND TO THE EXTENT ASSIGNABLE) ALL WARRANTIES MADE OR
GIVEN TO SELLER BY SUCH THIRD PARTY MANUFACTURER AND/OR
PROCESSOR; IN SUCH EVENT, SELLER GIVES NO OTHER WARRANTIES
OF ANY KIND OR NATURE WHATSOEVER, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ALL OF WHICH WARRANTIES ARE FULLY AND FOREVER
DISCLAIMED.
9. Claims for Defective Goods: Any claims for breach of warranty (if
any) must be reported in writing to Seller, in sufficient detail to fully
apprise Seller of the claimed defect within thirty (30) days after
delivery of the goods at the destination specified by Buyer. Any such
goods so returned shall, at Seller's election (exercisable in Seller's
sole discretion), be replaced as originally ordered; if Seller elects not
to replace the defective goods properly returned to Seller, then the
price paid by Buyer for such goods shall be credited to Buyer. IT IS
AGREED THAT THE SELLER'S LIABILITY, IN CONTRACT, TORT OR
OTHERWISE, FOR DAMAGES ARISING FROM ANY DEFECTIVE GOODS
IS LIMITED TO THE REPLACEMENT OF THE DEFECTIVE GOODS OR TO
THE PRICE OF THE DEFECTIVE GOODS, AND THAT SELLER WILL NOT
BE LIABLE IN ANY EVENT FOR LOSS OF USE OR CONSEQUENTIAL OR
INCIDENTAL DAMAGES OF ANY TYPE WHATSOEVER. No goods which
are claimed to be defective shall be returned to Seller without first
notifying Seller in writing, and receiving shipping instructions from
Seller. In all events, the transportation charges on returned goods
will be paid by Buyer. THERE SHALL BE NO REVOCATION OF
ACCEPTANCE, WHICH RIGHT TO REVOKE ACCEPTANCE, BUYER
HEREBY EXPRESSLY WAIVES. BUYER MAY REJECT THE GOODS
COVERED HEREBY ONLY FOR DEFECTS SUBSTANTIALLY IMPAIRING
THEIR VALUE AND FOR NO OTHER REASON. BUYER'S EXCLUSIVE
REMEDIES FOR LESSER DEFECTS SHALL BE FOR BREACH OF AN
EXPRESS WARRANTY, AND THEN ONLY TO THE EXTENT APPLICABLE
TO ANY EXPRESS WARRANTY CONTAINED HEREIN.
10. Damages: In the event Buyer wrongfully rejects, revokes or
unduly delays acceptance of the goods covered hereby, Seller, at its
sole option, shall have the right to recover as damages either (i) the
purchase price of the goods, whereupon the goods in such
conditions as they may then exist shall become property of Buyer, or
(ii) the profit (including reasonable overhead) realizable by the Seller
upon full performance. In either event, Seller may recover all
incidental damages and reasonable costs, including, in the event
Seller elects (i) above all reasonable charges for storage, handling
and preservation of the goods until the same are claimed by Buyer.
Seller's remedies set forth in this paragraph are supplemental to,
and not in lieu of, any and all remedies otherwise available to Seller
at law, in equity, or hereunder.
11. Claims for Shortages: All claims for shortages must be made in
writing thirty (30) days after delivery of the goods at the destination
specified by Buyer.
12. Raw Materials: Where the materials out of which the goods to
be sold hereunder are specified, Seller warrants that all products
supplied hereunder will be manufactured from such materials which
are so designated or described by the manufacturer or supplier of
the raw materials. However, Seller shall not in any event be liable
for, and Buyer assumes the entire risk of all losses caused by, any
deficiencies, limitations, modifications or variations in the specified
raw materials, which materials are designated or described by the
manufacturer or supplier thereof in a manner which conforms to the
specifications.
13. Indemnity: Buyer assumes all liability (including but not limited to
liability for injury to person or property, economic loss or business
interruption) for claims arising from the sale or use of the goods or
products covered by this agreement. Buyer further agrees to
defend, indemnify, and hold harmless Titanium Industries, Inc., its
officers, directors, employees and agents from any and all claims,
demands, actions, or suits arising from the sale or use of any goods
or product covered by this agreement except for losses caused
solely by the gross negligence of Titanium Industries, Inc.
14. Security Agreement: For so long as any amount remains to be
paid by Buyer to Seller, whether such obligations arose under this
transaction or any other transaction between Buyer and Seller
(collectively the "secured obligations"), then Seller shall have, and
Buyer hereby grants to Seller, a lien and security interest in and to
the goods sold hereby to Buyer (the "collateral"), as security for the
payment and/or performance of the secured obligations. In the
event Buyer fails to perform any secured obligation in strict
accordance with its terms, then Buyer shall have the right to declare
all secured obligations immediately due and payable and, further, to
pursue all such rights and remedies as to the collateral as are
available under the Uniform Commercial Code, as well as all such
other rights as are available at law, by statute or in equity.
15. Limitation Period: If either party to this agreement desires to
bring an action against the other party for breach of this agreement,
including any action by Buyer against the Seller for the alleged
breach of any warranty, the time within which the action must be
commenced shall be one year after the accrual of the cause of action
as defined by Section 2-725(2) of the Uniform Commercial Code.
16. Jurisdiction: The rights and obligations of the parties under this
Agreement shall not be governed by the provisions of the 1980
United Nations Convention on Contracts for the International Sale of
Goods; rather, it is intended that this contract shall be governed
and construed, in all respects, in accordance with the laws of the
State of New Jersey, including, without limitation, its provisions of
the Uniform Commercial Code. Any controversy or claim or dispute
arising out of or related to this contract shall be litigated only in a
court of the State of New Jersey.
17. Legal Costs: If any legal proceeding is brought for the
enforcement of any term, provision, covenant or agreement set forth
herein, or because of a dispute, or an alleged breach, default or
misrepresentation in any way connected herewith, or with any
provision hereof, the successful or prevailing party shall be entitled
to recover from the losing party the reasonable attorney's fees and
other costs incurred in that action or proceeding or in any appellate
proceeding relating thereto, such amount to be set by the court(s)
before which the matter is tried, heard or decided.
18. Year 2000 Compliance: Seller understands that Buyer will meet,
and is relying on Buyer meeting, its payment obligations hereunder
notwithstanding problems commonly referred to as "Year 2000"
problems. In no event shall Buyer's failure to make payments in
accordance with the terms hereof be excused by reason of force
majeure, act of God or computer system or software failure whether
or not attributed to Year 2000 problems. |
|
| |
