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Terms

Terms & Conditions

ACCEPTANCE OF TERMS OF SALE
No conditions stated by Buyer in its offer or acceptance shall be binding on "Seller" if in conflict with, inconsistent with, or in addition to, "Seller" terms. Credit is conditional upon determination by "Seller" each time an order is received. You certify, represent, and warrant that all purchases made by employees/agents of your organization utilizing your Production Carbide and Steel account number are authorized purchases of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from Production Carbide & Steel. Orders are accepted on the basis of terms of sale in effect at the time the order is received and approved by the "Seller" at "Seller's" Main Offices. Acceptance of any products delivered hereunder by "Seller" or any of its Affiliates or Assignees shall constitute Buyer's agreement to said terms of sale as set forth herein or as found in our invoices and order forms.

CLAIMS
All claims MUST be made within 5 days of receipt. To expedite service please refer to our shipper or invoice number. Damages incurred in commercial shipments must be claimed through the common carrier.

COMMERCIAL CREDIT ACCOUNT TERMS
Unless otherwise agreed to in writing, upon approved credit, standard terms of payment shall be 30 Days Net. A 1-1/2% monthly service charge may be added on invoices not paid when due. Returned checks and electronic payments are subject to $15.00 charge. If Buyer fails to fulfill these terms or if "Seller" at any time has any doubt as to Buyer's financial responsibility, "Seller" may demand immediate full payment and decline to make further deliveries. Any indebtedness owing from Buyer to "Seller" can be set off and applied by "Seller" and associated companies on any indebtedness at any time from time to time either before or after maturity or demand. Buyer/applicant agrees to pay any collection cost incurred to collect delinquent amounts, including attorney's fees.

CREDIT BALANCE
Buyer agrees that any credit balance issued with be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit balance remaining will be subject to cancellation, and "Seller" shall have no further liability.

DAMAGED. LOST or SHORT SHIPMENTS
UPS: Notify your local UPS office immediately. Advise us so we can reship the merchandise and place a claim. Keep damaged goods and containers for UPS inspection. Truck Shipments: Shippers are not responsible for products or material damaged or lost by motor freight carriers. If your shipment is damaged or short, have it noted by the carrier on the delivery receipt. Without this proper notation, you accept it at your own risk.

DELIVERIES
Products will be delivered F.O.B. our warehouse in good condition and property consigned, at your risk. Prepayment or allowance of freight by us shall not affect this provision. There will be a $10.00 packaging charge added to all UPS shipments. We shall not be liable for any injury, loss, damage, or delay in delivery resulting from the handling or use of the goods after or during such delivery.

DISCLAIMER OF WARRANTIES
AS THE "SELLER" WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, OF PERFORMANCE, MERCHANTABILITY, WORKMANSHIP, FITNESS, QUALITY, DURABILITY OR SUITABILITY OF THE MERCHANDISE IN ANY RESPECT INCLUDING ITS FITNESS FOR THE PURPOSE AND USES OF THE BUYER. THE ONLY WARRANTIES APPLYING TO MATERIALS SOLD ARE THOSE SPECIFICALLY PROVIDED BY THE MANUFACTURER. "SELLER" FURTHER MAKES NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS WITH RESPECT TO ANY CHANGES, ALTERATIONS OR MODIFICATIONS MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE PURCHASER. THE OBLIGATIONS OF "SELLER" ARE LIMITED TO REPLACEMENT OF MATERIAL OR, AT ITS SOLE OPTION, TO THE REFUND OF THE PURCHASE PRICE. "SELLER" IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PRODUCTION TOOL SUPPLY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS).

INDEMNITY
The Buyer shall defend and indemnify "Seller" from and against any and all loss of or damage to the merchandise, usual wear and tear excepted; any claim, cause of action, damages, liability, cost or expenses (including attorney's fees) which may arise or be incurred in any manner in favor of any person relating to the merchandise or any part of the merchandise, including by way of example but not of limitation, claims arising out of or incident to the construction, purchase, delivery, installation, ownership, leasing, sale or return of the merchandise or as a result of its use, maintenance, repair, operation or condition thereof, whether or not any claimed defects in such merchandise are latent or are discoverable and any claim, cause of action, cost or expense arising for alleged patent infringement of, for, or as a result of claims for alleged strict liability in tort. The obligations of Buyer herein contained shall survive the expiration of the Agreement as to any loss, damages, claims, causes of action liabilities, costs or expenses.

INSPECTIONS
Any inspection of goods agreed to by the parties will be made at Seller's location or other source of supply and must be made before shipment. Any goods not rejected by Buyer before shipment will be deemed accepted. INVENTORY We do our best to maintain in stock full and complete inventories of all regular lines. All close-out items may be depleted.

LIMITATION OF LIABILITY
IN NO EVENT SHALL "SELLER" BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATIONS UNDER THIS AGREEMENT, NOR SHALL "SELLER" BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY, INSTALLATION OR FURNISHING OF THE MERCHANDISE OR SERVICES BY ANY MANUFACTURER OF THE MERCHANDISE OR OTHERWISE.

MINIMUM ORDER
All orders are subject to a $50.00 minimum charge. No minimum on cash sales.

NOTICE TO SUBSEQUENT PURCHASER OR REPACKER
For imported articles the requirements of 19 U.S.C. 1304 and 19 CFR part 134 provide that the articles or their containers must be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article or container will permit, to indicate to an ultimate purchaser in the United States the English name of the country of origin or the article.

OSHA
Material Safety Data Sheets (MSDS) are available by contacting Production Carbide & Steel Co., 20950 MacArthur Warren, Ml 48089. The information and recommendations contained on the MSDS supplied by the manufacturer is considered to be accurate and reliable. Production Carbide & Steel, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Production Carbide & Steel disclaims any and all liability to any user thereof.

PRICES
All prices are in US Dollars. All prices are subject to change without notice. Typographical or similar errors are subject to correction.
All items subject to prior sale.

PROMOTIONAL AND ADVERTISING MATERIAL
Customer authorizes "Seller", its affiliates or representatives, to send e-mails or faxes, of any kind, inducting but not limited to correspondence, promotional and advertising material, to "Buyer" or its affiliates.

QUOTATIONS
Quotations are valid for 30 days.

RESPONSIBILITY
The value of a defective product or material sent in error is our only liability. All technical data has been supplied by the manufacture and is available upon request. Certificates of analysis are available upon request and will be subject to a $5.00 charge per certificate. All specifications are subject to change without notice. We do not warrant or represent that the products and materials complies with the provisions of any law, particularly including the Walsh-Healy Public Contracts Act and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder, unless the manufacturer so warrants.

RETURNS
Unless we have erred, returns must be prepaid. No merchandise will be accepted for return which is made up special or which has been held for over 30 days. We reserve the right to determine if the purchaser has abused the item in question. If it cannot be returned to stock, credit will not be given. Returns not accompanied by a copy of shipper, invoice, or invoice number may not be accepted or subject to restocking charge. Returns due to customer error must be prepaid and are subject to restocking charge. Any claims for discrepancies in shipment must be made within 5 days of receipt of merchandise. Items that cannot be returned via UPS: Call us for instructions.

SAFETY
Buyer will instruct each user in the proper use of the goods and implement and enforce best safety practices. Buyer will be solely responsible for complying with local, state and federal or provincial laws, codes or regulations relating to safety of the workplace where the goods are used. The wearing of eye protection is strongly recommended.

SALES AND OTHER TAXES
Unless otherwise stated, "Seller" prices do not include any taxes whatsoever; Buyer agrees to indemnify "Seller" against payment of the same, whether or not included on Buyer's original invoice.

TITLE
To secure payment and performance of all buyers obligations hereunder, whether represented by commercial account or evidenced by notes, judgments or otherwise, "Seller" hereby retains title to the material and a security interest herein until payment in full and performance by buyer of said obligations.