THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO AND FORM AN INTEGRAL PART OF THE PURCHASE ORDER ISSUED TO A&S ALUMINUM SUPPLY INC. UNLESS OTHERWISE AGREED IN WRITING.
Shipping Policy
The "Buyer" refers to the party issuing a purchase order or other written order and A&S Aluminum Supply Inc (its affiliates, subsidiaries, or divisions) as identified on the face of the invoice is herein referred to as the "Seller". When used herein the word "Contract" means the Buyer';s purchase order or other online order, the acknowledgment and acceptance by Seller, and these terms and conditions. "Products" means all required items, materials, supplies, goods, and services constituting the subject matter of the Contract. The provisions of this Contract are for the benefit of the Buyer and the Seller and not for the benefit of any other person.
Processing Time: All orders are processed within [3 business days]. Orders are not shipped or delivered on weekends or holidays. If we experience a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If a product is not in stock at the order time, you will be contacted by us with an update of the order and an approximate new shipping date. The Buyer acknowledges and agrees that it shall be bound by the Contract including these terms and conditions incorporated by reference and the Seller accepts this order only upon these terms and conditions to the exclusion of all other terms which the Buyer purports to apply under any purchase order. The Contract supersedes all prior representations, arrangements, communications, negotiations, understandings, or agreements of whatsoever kind, whether written or verbal, between the parties in respect of the subject matter of the Contract or any part thereof and shall constitute the sole and only agreement between the parties in respect of such subject matter. The Contract must be accepted and confirmed by the Seller. Any amendment to the Contract shall be of no force or effect unless made in writing and signed by authorized representatives of the Seller and the Buyer.
Shipping Rates & Delivery Estimates
Shipping charges for your order will be calculated and displayed at checkout. Delivery delays can occasionally occur. Estimated shipping times:
- Standard Shipping: 3 days]
- Expedited Shipping: Not available.
Shipment Confirmation & Order Tracking
You will receive a shipment confirmation email with tracking information once your order has shipped. Our sales team will contact you if we encounter any issues. In consideration of the performance by the Seller of its obligations hereunder, the Buyer shall pay to the Seller, subject to the times, manner, and terms outlined in the Contract, the price set out on the purchase order to which these terms and conditions apply. The Contract price is exclusive of any allowance for taxes of any kind (including sales tax, goods and services taxes), shipping costs, or customs duties of any kind related to the Products. If applicable, such taxes, costs, and duties shall be for the account of the Buyer. Except as otherwise provided in Seller';s price data publications, Buyer shall accept a standard shipping quantity tolerance (+/- 10%), unless exact control of quantity shipped is specifically required in the Contract.
International Shipping
We currently do not ship outside of the Country.
Shipping to P.O. Boxes
We do not ship to P.O. boxes, the physical address is required for all orders.
Return & Refund Policy
Our policy lasts 10 days. If 10 days have passed since your purchase, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition you
received it. It must also be in the original packaging. Certain items are non-returnable, including: - Custom-made items
Refunds (if applicable)
Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within [3 days]. You will be responsible for paying for your shipping costs for returning your item. Shipping costs are non-refundable unless we are replacing a damaged item previously authorized for us
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need an exchange, send us an email at sales@asaluminum.com and you will receive an authorization code by email that needs to be included on the returned product to receive your credit back. Once the product is authorized for return you should send it to us at 595W 18 th St, Hialeah, FL 33010. The Products shall conform to applicable industry standards (or aluminum industry standards for all aluminum sales and data publications unless both parties have agreed to specifications, plans, drawings, patterns, or samples ("Specifications") as appropriate forming part of the Contract. Buyer shall have five (2) days from delivery of the Products to inspect the Products and to provide written notification to Seller of any Product non-conforming to the Specifications, and thereafter the Products shall be conclusively deemed to be in compliance to the Specifications. Upon timely notification of any non-conforming Products, Seller shall have the right to inspect the non-conforming Products and if it agrees such Products fail to meet the Specifications, it shall either replace the non-conforming Products within a reasonable time or provide Buyer with a credit or refund of the Contract price of the non-conforming Products. Seller shall be entitled to the return of all non-conforming Products at its cost unless Seller directs otherwise.
Packing, Shipping, Title & Risk. The Seller shall package all Products to good commercial standards. The Buyer shall select the transportation and carrier and, unless otherwise specified in the Contract, shall be responsible for all transportation and carrier costs, customs clearance and duties as applicable. Title to and risk of loss for contracted, deliverable Products shall pass from the Seller to the Buyer upon delivery specified at FCA Seller';s Premises (INCOTERMS 2000). Buyer shall have the right to return Products meeting the Quality standards outlined in this Contract only upon providing Seller with written notice of its desire to return Products, no later than ten (2) days from the date of delivery of the Products, and only upon Seller';s subsequent written authorization for such return. Seller may refuse to permit the return of any Products that are custom designed to the Buyer';s specifications or needs, or, in the determination of Seller, the Products cannot otherwise be re-sold to another buyer. Any authorized returned Products must be delivered to Seller, in accordance with the shipping instructions of the Seller, within ten (10) days of Seller's authorization. All packaging, transportation, and delivery costs of the returned Products shall be the responsibility of the Buyer. Upon delivery of the returned Products to the Seller, Seller shall inspect same to determine the Products are in substantially the same condition as originally delivered to the Buyer and in any case in a suitable condition for re-sale, and thereafter Seller shall issue Buyer a credit or refund for the Contract price of the returned Products, less Seller';s handling and re-stocking fee of 20% of the returned Products'; Contract price. The Contract shall be interpreted and governed in accordance with the laws of the State of legal domicile of the Seller, without regard to conflicts of law principles. In the event of any legal dispute over the interpretation or enforcement of any provision of the Contract,action or suit shall only be brought in the applicable state or federal court having jurisdiction over the county, parish, district or circuit where Seller';s principal office is located.
Warranty.
The Seller warrants that its Products sold to Buyer shall conform to the Aluminum Association Standards and Data Specifications. A particular Product may also carry a further written warranty applicable to the specific Product, and such warranty information, if any, will be contained in written materials related to the Products and its use or may also be found on Seller';s website as shown on the face of the Invoice. ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, SUCH AS, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY SPECIFICALLY AND WHOLLY EXCLUDED AND DISCLAIMED TO THE EXTENT THEY EXCEED THE WARRANTIES GRANTED HEREIN.
Seller shall not be liable under this warranty for: (a) maintenance, repair, installation, handling, packaging, transportation, storage, operation or use of Products which is improper or otherwise not in compliance with Seller';s instructions; (b) Product alteration, modification or repair by anyone other than Seller or those specifically authorized by Seller; (c) accident, contamination, weather hazards, foreign object damage, abuse, neglect or negligence after Product shipment to Buyer; (d) damage caused by failure of a Seller-supplied Product not under warranty or by any hardware or software not supplied by Seller; (e) use of counterfeit or replacement parts that are neither manufactured nor approved by Seller for use in Seller';s Products; (f) Products normally consumed in operation or which have a normal life inherently shorter than the foregoing warranty period; and (g) products manufactured by anyone other than Seller even if such products are a component of Seller';s Products.
A delay in the performance of an obligation of the Seller under the Contract that is caused by an event beyond the reasonable control of the Seller shall constitute an Excusable Delay. For greater clarity and as an example but not a limitation, it is agreed that any delay caused by any one or more of the following events shall be an Excusable Delay:
(a) delay by the Buyer in performing any of its obligations under the Contract
(b) strikes, lock-outs or other labor shortages, disruptions or disturbances
(c) fire, flood, war, hostilities, insurrection, civil unrest, pandemic or public health crisis, blockage, terrorism
(d) perils of the sea, earthquake or other acts of God
(e) delay or refusal by any government, government department, authority or administrative agency to issue any permits, licenses or other approvals necessary for the performance of any of the obligations of the Seller under the Contract, or any revocation of the same, or any prohibition by such government, government department, authority or administrative agency of any such obligation
(f) a delay caused by a failure by a third person engaged by the Seller as a supplier of any part of the Products if such delay is caused by or results from events that are beyond the reasonable control of the Seller.
The Seller shall not be liable for the results of an Excusable Delay and the contracted date of performance or delivery shall be extended for a time that is reasonably necessary to compensate for such delay. If Seller cannot perform within such reasonable time, Seller shall have the option of terminating the Contract, in whole or in part, and refunding any payment, or portion of payment, under the Contract affected by such Excusable Delay without any further liability to Seller. Under no circumstances, however, shall Excusable Delay permit Buyer to withhold or delay payment when otherwise due under the Contract.
The Buyer and Seller agree that they will not disclose or make available to any third party any data or other information about this Contract that is identified as proprietary without obtaining the disclosing party';s prior written consent. In all cases, Seller's pricing, rebates and discounts, assessments and fees, payment, credit, and return policies shall be considered proprietary and confidential information to Seller, and same shall not be disclosed by Buyer without the written consent of the Seller.
Data and Other Property Rights. Neither the production nor delivery of any Product shall be construed as granting, by any act or acceptance of fact, any right in or license under any present or future data, drawings, plans, details, models, schematics, ideas or methods disclosed under the Contract, or under any invention, patent, copyright, or trade secret now or hereafter owned or controlled by either the Buyer or Seller. The Seller shall have or retain the entire right, title, and interest to all data first produced or specifically used by the Seller in the performance of the Contract, except for the Buyer-furnished data received by the Seller. The Seller grants to the Buyer the right to use the data delivered by the Seller hereunder solely for the Contract and the Buyer';s use of the Products furnished by the Seller; provided that such data will not, without the prior written consent of the Seller, be disclosed or supplied in whole or in part to any third party or used in whole or in part for design, manufacture, re-procurement or any other purpose whatsoever. Further, the Seller shall have no obligation to deliver any data, which is not otherwise specifically stated to be a deliverable under the Contract Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THE CONTRACT, THE SELLER';S TOTAL LIABILITY RESULTING FROM OR IN CONNECTION WITH THIS CONTRACT SHALL NOT EXCEED THE AGGREGATE SUM PAID TO THE SELLER UP TO THE CONTRACT PRICE. IN NO EVENT WHATSOEVER SHALL THE SELLER BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF USE OR LOSS OF PROFIT ARISING TO THE BUYER OR ANY THIRD PARTIES, AND THE BUYER HEREBY AGREES TO INDEMNIFY AND SAVE HARMLESS THE SELLER FROM ANY SUCH THIRD-PARTY CLAIMS WITHOUT LIMITATION.
Contact Information
If you have any questions about our shipping and return policies, please contact us at sales@asaluminum.com.