TERMS AND CONDITIONS OF SALE

By purchasing products from Green Metal USA, Customers agree to the following terms and conditions of sale:

1. Pricing: All pricing and discounts are subject to change without notice. For all prices, products and offers, Green Metal USA reserves the right to make adjustments due to changing market conditions, product discontinuation, and any other extenuating circumstances. Please contact Green Metal USA at info@greenmetalusa.com or the U.S. distribution office phone (256) 489-7814 or fax number of (866) 658-7288 for pricing. There is no minimum requirement for retail accounts. For dealer pricing we require a minimum order of $15,000.00. All dealer pricing and discounts are considered confidential. Dealer pricing and discounts will only be disclosed to an approved active dealer account. All general inquiries that have not been approved as a dealer account will only be given retail pricing. Businesses wishing to obtain a dealer account must meet the requirements as outlined by Green Metal USA. High volume bids are welcome!

2. Termination of Accounts: Green Metal USA reserves the right to terminate any account that does not meet the above and below conditions at any time, for any reason. Green Metal USA reserves the right to terminate any accounts with no business activity for a period greater than 6 months.

3. Foreign Orders: We offer shipping outside the U.S., but all such orders, including shipping and handling charges, must be pre-paid. There are no COD or billing service available. Any non-U.S. Customer is solely responsible for any export/import fees and duties.

4. Methods of Payments Accepted.
Prepaid: Certified Check or Money Order, MasterCard, Visa or Discover credit cards. Prepaid: Company Check (w/ prior approval); order will be shipped once the check clears. If a check is returned for any reason, a $45.00 USD service charge will be made, and all shipments will be permanently returned to "COD: Cash Only" or "Prepaid: Certified Check". After 3 months of ongoing business. Credit or other terms may be approved.

5. Packaging and Freight. Green Metal USA ships gutter and downspout in specialized durable packaging. Product prices do not include the cost of packaging or freight charges. We ship by common carrier. All merchandise will be shipped by common carrier, unless otherwise requested or instructed. All orders are FOB shipping point. We require five (5) days notification on customer pick-up orders.

6. Lead Time. We strive to keep all standard items in stock. The general lead time for these items is approximately 5 business days. Specialty items have a lead time of up to 4 weeks. Allow 1-5 days for shipping.

7. Cancellation; Return Policy: An order may be canceled only if requested in writing by Customer and accepted in writing by Green Metal USA. In the event of such cancellation, Customer agrees to pay to Green Metal USA upon presentation of invoices and as liquidated damages and not as a penalty an amount equal to 115% of all costs and expenses incurred by Green Metal USA prior to and as a result of the cancellation. Gutter and downspout are not returnable. Other products may be returned with approval. Return for exchange or refund will be allowed only within 14 calendar days from the date of receipt. All authorized return merchandise must be unused and in its original packaging. No return or exchange on merchandise that shows signs of having been installed, mounted, scratched, or defaced will be allowed. A Return Authorization Number must be issued before any returns can be made. Green Metal USA will not accept any returns without a Return Authorization Number. Please write this Return Authorization Number clearly on the outside of the returning package. All returns must be received by Green Metal USA within 10 calendar days after the Return Authorization number has been issued. The Return Authorization Number does not imply a replacement or refund, but only that we will inspect the merchandise based on your claim. Returns must be sent freight prepaid and insured by you. Original shipping and handling charges are not refundable. A photocopy of your invoice showing the invoice number must accompany your return along with a written explanation and a contact phone number where we may be able to reach you. It is the responsibility of the Customer to verify the correctness of size and application of the parts before installation. A 15% restocking fee will be assessed on all authorized returns.

8. Title and Risk of Loss: All materials sold are sold according to the delivery terms described with title and risk of loss passing to Customer upon tender of delivery to the destination designated by Customer.

9. Warranties: Green Metal USA warrants that materials sold hereunder shall be of Green Metal USA standard quality. GREEN METAL USA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Green Metal USA neither assumes nor authorizes any person to assume for it any other liability in connection with the sale or use of the materials sold hereunder.

10. Field Service: Unless otherwise expressly stated, Green Metal USA will not provide any installation, supervision or other services.

11. Indemnification: Customer shall indemnify and hold harmless Green Metal USA, its officers, directors, employees and agents from and against any claim (including costs, litigation expenses, attorneys’ fees and other expenses) for personal injury to or death of any person or damage to property by whomsoever owned, to the extent caused by the acts or omissions of the Customer, its agents or employees arising out of or in any way relating to the sale, installation, use or provision of Green Metal USA products.

12. Limitation of Liability. All merchandise is packed carefully and correctly at our facility. Damaged shipments should be checked in the presence of the carrier and noted on the carrier’s delivery document. All claims for shortage of items, damage or loss to your shipment must be made to us in writing within five (5) working days of receipt.
Please keep all shipping cartons and packing material for the carrier and/or the insurance company inspection. Green Metal USA, at its option, shall replace or refund the purchase price of any products which are not of Green Metal USA standard quality or which are not delivered. Green Metal USA shall have no other obligations or liabilities of any kind. Customer assumes all risks and liabilities for any loss, damage or injury to persons or property resulting from Customer’s storage, handling, transportation, resale or use of material whether used singly or in combination or otherwise. Neither party shall be liable to the other for any indirect, incidental or consequential damages.

13. Payment: Unless otherwise specified by Green Metal USA, payment of sums due shall be made within fifteen (15) days from date of delivery in U.S. funds. Amounts due but not timely paid shall bear interest at a rate of 1.5% per month (18% per year) or the lesser legal rate in Customer’s state. All items shall remain the property of Green Metal USA until paid for in full.

14. Notices and Delivery: Green Metal USA shall make reasonable efforts to ship in accordance with Customer’s requested dates and instructions, but Green Metal USA shall not be liable for failure to so ship. All delivery dates are estimated dates of delivery and do not constitute a guaranty of delivery on such dates.

15. Taxes: The customer is responsible for sales and all other taxes.

16. Contingencies: Green Metal USA shall not be liable for any delay in delivery or failure to perform any of its obligations if such delay or failure is caused or if performance of the obligation is made impractical or commercially unreasonable by any cause beyond the control of Green Metal USA or its sources of supply, including without limitation, acts of God, government restrictions, material shortages, strikes or work stoppages, accidents or transportation delays, irrespective of whether such contingency is specified herein or is presently occurring or anticipated.

17. Assignment: This agreement shall be binding upon and inure to the benefit of the parties, their successors or assigns, provided that Customer may not assign his rights or obligations under this agreement without Green Metal USA’s prior written consent.

18. Governing Law: This agreement shall be governed by the laws of the State of Alabama without regard to choice of law principles and shall be deemed to have been executed and entered into within the state Alabama, U.S.A.

Euro Copper Gutter Systems