TERMS & CONDITIONS

ACTION STAINLESS & ALLOYS

Please read these Terms & Conditions carefully before using the http://www.actionstainless.com website operated by Action Stainless, Inc.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Action Stainless, Inc.

Action Stainless, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Action Stainless, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Termination

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

This invoice and any Agreement, Order or Sale upon which this Invoice is based is expressly limited to and made conditional upon the terms and conditions herein, and any of the Buyer’s terms, in addition to or different from those contained herein, whether added to this form or contained in any purchase order, acknowledgment or confirmation prepared by Buyer and sent to Olympic Steel, Inc. (“Olympic”), are hereby objected to and shall be of no effect. Buyer’s ordering or accepting any goods or services referenced on the reverse side hereof or making payment under this Invoice shall be deemed acceptance of the Terms of Sale.

1.     Payment. All payments shall be in legal tender of the United States of America. In the event Buyer fails to make payment in full within the time period set forth on this Invoice, or within the time period expressly agreed upon in writing by the parties, such failure to pay on time constitutes a material breach of contract by Buyer and permits Olympic to suspend further delivery under any contract between Buyer and Olympic. If Olympic has to take legal action or file an arbitration to collect any amounts due based hereunder, Buyer shall pay all court costs including reasonable attorney’s fees incurred by Olympic in bringing and prosecuting such action.

2.     Disputes. ALL COMMUNICATIONS CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF A DEBT, ARE TO BE SENT TO OLYMPIC STEEL, INC. ATTENTION CORPORATE CREDIT MANAGER AT 5096 RICHMOND ROAD BEDFORD HEIGHTS, OHIO 44146.

3.     Prices. The prices set forth on this Invoice are not discountable unless expressly stated on the reverse side hereof.

4.     Taxes. All prices are quoted exclusive of taxes. All taxes applicable to any order placed hereunder, including, but not Limited to, Ohio or other applicable sales or use taxes, are additional and to the extent legally permissible shall be paid by Buyer.

5.     Shipping. All prices are F.O.B. Olympics facility referenced on the reverse side hereof. All freight and shipping costs shall be the responsibility of Buyer, unless expressly stated on the invoice.

6.     Finance Charge. A finance charge of the lesser of 1 1/2% per month, 18% ANNUAL PERCENTAGE RATE, or the highest rate permitted by law, shall be charged on all amounts unpaid 30 days after the date of this Invoice.

7.     Force Majeure. Olympic shall not be deemed to be in default of any of its obligations hereunder due to any delays caused by acts of God, fires, floods, strikes, work stoppages, equipment failure, accidents, allocations, or other controls or regulations, of federal, state or local government, shortages of cars, fuels, materials or labor, permanent or temporary mill closing, or any other cause beyond its reasonable control.

8.     Inspection and Claims. It is Buyer’s obligation to inspect all goods upon receipt. All claims of any nature shall be barred unless notice thereof is given to Olympic at its address set forth on the reverse side hereof, in writing by certified or registered mail, postmarked within ten (10) days after receipt of the goods, and the goods relating to such claims are held intact and properly protected, unless instructed otherwise by Olympic, pending inspection by Olympics authorized inspector. FAILURE TO NOTIFY OLYMPIC OF ANY NON-CONFORMANCE WITHIN 10 DAYS OF RECEIPT OF AND GOODS SHALL CONSTITUTE ACCEPTANCE OF SUCH GOODS AND WAIVER OF ALL CLAIMS WITH RESPECT TO ANY NON-CONFORMANCE.

9.     Transportation and Risk of Loss. Upon delivery to a common carrier or to Buyer or Buyer’s agents or representatives of any material or goods sold hereunder, risk of loss or damage to such material or goods shall pass to Buyer, and Olympic shall have no further liability there for.

10.     Buyer’s Insolvency. Olympic shall have the unrestricted right to cancel, withhold or delay its performance or delivery hereunder in the event of the happening of any of the following or any other comparable events, in which event Olympic shall have no liability for any losses or damages claimed by Buyer: (i) Buyer’s insolvency or commission of an act of bankruptcy; (ii) commencement of proceedings by, for or against Buyer under any law relating to bankruptcy or the relief of debtors; (iii) the appointment of a receiver or trustee for Buyer; (iv) the execution by Buyer of an assignment for the benefit of the creditors; and (v) the determination by Olympic, in its sole judgment, that Buyer’s financial condition is such as to endanger its performance hereunder.

11.     Limited Warranty. Olympic warrants that any goods delivered pursuant hereto comply with the written specifications set forth or referenced on the face hereof. All goods, including those produced to meet an exact specification, dimension, weight, or straightness are subject to the producer’s mill tolerances and variations in surface and internal conditions in respect to dimension, weight, straightness, section composition and mechanical or physical properties, and to normal variations in surface and internal conditions and in quality; to deviations from tolerance and variations consistent with practical testing and inspection methods; and to regular steel industry mill practice on over and under shipment. THE AFORESAID IS THE ONLY WARRANTY GIVEN BY OLYMPIC. THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES GIVEN BY OLYMPIC, EXPRESS, IMPLIED OR STATUTORY, THERE ARE NO WARRANTIES OF MECHANTABILITY OR FITNESS FOR USE THAT APPLY TO ANY GOODS SOLD HEREUNDER, WHICH WARRANTIES ARE HEREBY SPECIFICALLY EXCLUDED.

12.     Limitation of Remedy. BUYER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY GOODS FURNISHED BY VENDOR HEREUNDER THAT ARE FOUND TO BE DEFECTIVE OR OTHERWISE NOT IN CONFORMITY WITH ANY WARRANTY OR THIS CONTRACT SHALL BE LIMITED TO, AT OLYMPIC’S SOLE OPTION (A) REPLACEMENT OF ANY DEFECTIVE OR NON-CONFORMING GOODS, (B) A CREDIT TO BUYER’S ACCOUNT FOR SO MUCH OF THE PURCHASE PRICE AS RELATES TO ANY DEFECTIVE OR NON-CONFORMING GOODS OR (C) A REFUND TO BUYER OF THE PURCHASE PRICE FOR ANY DEFECTIVE OR NON-CONFORMING GOODS.

13.     Limitation of Liability. OLYMPIC’S LIABILITY WITH RESPECT TO ANY BREACH HEREUNDER OR RELATING TO ANY GOODS SOLD PURSUANT HERETO, SHALL BE LIMITED TO THE AMOUNT PAID BY BUYER FOR ANY DEFECTIVE OR NON-CONFORMING GOODS. OLYMPIC’S LIABILITY FOR ANY OTHER BREACH OF THIS CONTRACT SHALL BE LIMITED TO THE DIFFERENCE BETWEEN THE CONTRACT PRICE OF THE GOODS PURCHASED HEREUNDER AND THE LOWER OF THE MARKET PRICES OF SUCH GOODS AT OLYMPIC’S FACILITY OR AT BUYER’S DESTINATION AT THE TIME OF THE BREACH. UNDER NO CIRCUMSTANCES SHALL OLYMPIC BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY CLAIMS FOR LOST PROFITS.

14.     Complete Agreement. This instrument constitutes the entire and only agreement between the parties hereto and any negotiations, representations, affirmations of fact, and courses of prior dealings, promises or conditions in connection therewith if not expressly incorporated herein shall not be binding upon Olympic. No waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and signed by a specifically authorized representative of Olympic.

15.     Arbitration. Any dispute arising between the parties hereto shall be resolved by arbitration in Cleveland, Ohio, in accordance with the Rules of the American Arbitration Association, and the award of the arbitrator(s) shall be final and binding upon the parties. In the event the demand for arbitration is filed pursuant hereto, the parties shall have the same rights to discovery under the Ohio Rules of Civil Procedure as if the dispute had been filed as an original action in an Ohio Court of original jurisdiction and shall be authorized to enforce said rights as if the entire dispute were pending before said Court. Notwithstanding the foregoing, Olympic may institute an action for collection of any amount due from Buyer hereunder in any court of competent jurisdiction. Buyer hereby consents to the personal jurisdiction and venue of the federal and state courts located in Cuyahoga County, Ohio.

16.     Limitation of Action. In no event may any claim by Buyer arising from or relating to any agreement, order or sale of any goods or services referenced herein be brought more than one year after the date of delivery or the date such claim arose, whichever shall be earlier.

17.     Non waiver. No waiver or failure to enforce compliance with the terms hereof by Olympic shall constitute a waiver of Olympics rights to insist upon strict compliance with the terms of this order thereafter.

18.     Controlling Law. This invoice shall be deemed made in the State of Ohio. This Invoice and any dispute arising from the goods or services referenced herein shall be governed by the laws of the State of Ohio.

19.     Headings. The headings used in this Agreement are solely for the convenience of the parties and shall have no force or effect upon the interpretation of any provision hereof.

terms and Conditions of sale

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If you have any questions about these Terms, please contact us.