Home / Terms and Conditions

Terms and Conditions

             J.P. McELVENNY CO., INC.

     These terms and conditions shall control with respect to any sale of seller’s products.  No waiver,

       alteration or modification of these terms and conditions whether on buyer’s purchase order or

       otherwise shall be valid unless the waiver, alternation or modification is specifically accepted in

       writing and signed by an authorized representative of Seller.  JPMCO reserves the right to cancel an

       order in house at any time due to any uncontrollable commercial situation or force majeure situation.

 2. PRICING

      All pricing quoted is based on the information supplied by the buyer and the interpretation of that

      information by the seller, pricing is subject to review and adjustment  for any variations that deviate

      from the original outline.  Only items that are specifically mentioned in any quotation are included in

      pricing.  Quoted prices are only valid for duration listed on quote and subject to adjustment thereafter

      unless otherwise stated.  All quoted prices are subject to increase without notice in the event of

      problems in resin supply market at any point in the quotation, order or delivery process.  These prices

      are subject to change without notice if items or quantities quoted are changed or not shipped

      within 30 days of quote date.

 3. PAST DUE ACCOUNTS

      Buyer agrees to pay Seller interest at the rate specified on Seller’s Invoice on all amounts not paid when

      due.  If legal action is instituted to collect any amounts not paid when due, Buyer agrees to pay Seller’s

      reasonable attorney’s fees, collection expenses and court costs.  If Buyer shall fail to make any

      payments when due, Seller may withhold all subsequent deliveries until full payment is made.

 4. DELIVERY

      All merchandise availability is subject to prior sale.  Quoted lead-times commence upon receipt of a

      written purchase order (and approved drawings if required) from Buyer.  Seller assumes no

      responsibility or liability, and will accept no back-charge, for loss or damage due to delay or inability to

      deliver caused by acts of God, war, labor difficulties, accidents, delays of carriers, inability to obtain

       materials, shortages of fuel and energy, or any other causes beyond the control of the Seller.  All

       FREIGHT RATES ARE ESTIMATED and are provided for estimating freight cost only; actual freight

       charges as well as any surcharges will be invoiced to the Buyer.

 5. CLAIMS

      All claims must be made in writing and received by J.P. McElvenny Co., Inc. within seven days

      after receipt of merchandise.  If a shipment is received in a damaged condition, a claim must be filed

      with the delivering carrier and noted on the freight bill before buyer accepts the merchandise.

 6. RETURNS

    The Seller will not accept any returns without pre-approval from the Seller. Special order/non-

      stock material, fabricated items, products with modification, used material or damaged goods can not

      be returned.  All material that is approved for a return must, on its arrival to JPMCO be found in first

      class condition and in original packing; if not, additional charges for putting material in saleable

      condition will be deducted from credit memoranda.  The Buyer will be responsible for any return

      freight charges.  A handling charge will be assessed in accordance with the manufacturer’s policy.

 7. WARRANTY

       Only the original manufacturers’ standard warranties are available.  J.P. McElvenny Co., Inc. makes no

       other representation or warranty, expressed or implied.                                                   06/06 Rev 2