📜 Global Metal – Detailed Terms and Conditions for Commercial Sales and Services

Effective Date: [November 21, 2024]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Global Metal (“the Company”) and any client, buyer, or supplier (“Client” or “you”) utilizing our metal sales, processing, or commercial services (“Services”).

1. Acceptance and Agreement Overview

• Binding Nature: By submitting a Purchase Order (PO), accepting a quote, or engaging in any commercial transaction with the Company, you agree to be bound by these Terms and the Privacy Policy.

• Governing Document: These Terms apply unless superseded by a mutually executed Master Supply Agreement or other specific written contract.

2. Purchase Orders, Pricing, and Market Volatility

• Order Acceptance: All POs are subject to written acceptance by the Company. Acceptance only binds the Company to the extent of the specific material, quantity, and price confirmed in the Order Confirmation.

• Pricing Volatility: Due to the fluctuating global commodity markets, prices are subject to change without notice until the Order Confirmation is issued. Quotes are valid only for the period specified.

• Quantity Tolerance: Due to manufacturing and cutting processes, the delivered quantity of materials may vary by plus or minus [Insert Percentage, e.g., 5%] of the ordered weight or length. The Client agrees to accept delivery and pay for the actual quantity delivered within this tolerance range.

3. Payment Terms and Credit Risk

• Payment: Payment terms (e.g., Letter of Credit, Cash Against Documents, Net 30 days) shall be specified in the Order Confirmation.

• Late Payment: The Company reserves the right to charge interest on overdue amounts and may halt or suspend delivery of future orders until all outstanding amounts are settled.

• Credit Assessment: The Company may require payment in advance or other security if, in its sole judgment, the Client’s financial condition becomes unsatisfactory or if market conditions dictate.

• Retention of Title: Title (ownership) of the materials remains with Global Metal until the Company has received payment in full. Risk of loss passes to the Client upon delivery according to the agreed Incoterms.

4. Delivery, Inspection, and Acceptance

• Incoterms: Delivery shall be governed by the agreed Incoterms specified in the Order Confirmation, which determines the respective responsibilities for freight, insurance, and risk.

• Delivery Dates: Delivery dates are estimates only. The Company is not liable for delays caused by force majeure, shipping disruptions, or delays in production scheduling.

• Inspection and Claims: The Client must inspect materials immediately upon receipt. Claims for shortages, damage, or non-conformity to the specified alloy or dimensions must be made in writing, detailing the alleged defect and providing supporting evidence, within [Insert Days, e.g., 7] business days of receipt. Failure to submit a timely claim constitutes irrevocable acceptance.

5. Warranties and Limitation of Liability

• Limited Material Warranty: The Company warrants that the materials supplied will conform to the chemical composition and dimensions specified in the Order Confirmation.

• Disclaimer: THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company makes no warranty regarding the suitability of the material for the Client’s specific application or fabrication process.

• Total Liability Cap: GLOBAL METAL’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, OR NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC MATERIALS GIVING RISE TO THE CLAIM.

• Consequential Damages: GLOBAL METAL IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DAMAGE TO CLIENT’S PRODUCT) ARISING FROM THE SALE OR USE OF THE MATERIALS.

6. Force Majeure

Neither party shall be liable for any failure or delay in performance (excluding payment obligations) due to causes beyond its reasonable control, including, but not limited to, acts of God, war, catastrophic weather events, labour disputes, government intervention affecting trade, or unforeseen disruption to metal production.

7. Governing Law and Dispute Resolution

These Terms and any commercial dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Insert the Country/Jurisdiction, e.g., India]. The parties agree to submit to the exclusive jurisdiction of the courts located in [Insert the relevant city, e.g., Mumbai] for the resolution of any disputes.

8. 📢 Notification and Communication Consent

By accepting these terms, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, or any other digital communication platforms.

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@globalmetal.shop.