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Terms & Conditions

CUSTOMER/ PURCHASE ORDERS TERMS AND CONDITIONS

1. PAYMENT TERMS:

Initial order will be Cash in Advance (CIA). A deposit may be required on an order and will be applied to the final delivery. VISA, MasterCard, are accepted, and a processing fee of three percent (3%) for orders above one thousand dollars ($1,000.00) will apply. Automated Clearing House (ACH)/Wire transfer ,COD,COD Certified payments are accepted.

2. PRICING / VALIDITY:

Pricing is valid for quantities as per quote only. Quotation is valid for 30 days, unless specified otherwise. Products quoted as stock are subject to availability and prior sale. Milhardware has a minimum order value of $200.00 per line item. Quantity minimums may apply and will be quoted accordingly.

3. QUANTITIES:

To our best effort, Milhardware will provide the quantity listed on the purchase order/contract. If unable to provide the full quantity, a request to the buyer will be made to modify the order. Providing a + / -5% quantity variance on an order will reduce administrative time and facilitate processing.

4. CANCELLATION:

Request for cancellation of orders received will be reviewed and dispositioned on a case-by-case basis. Milhardware will accommodate whenever possible, however cancellation fees may apply. Once an order has shipped, the material is non-returnable without a formal request of an RMA number, and a restocking fee will apply. If items leave the possession of the buyer, items become non-returnable. All discrepancies will be resolved out of court.

5. CERTIFICATIONS:

Request for Certifications should be made at the time of quotation. Orders will receive a Milhardware Certificate of Compliance.

6. PACKAGING:

Products are packaged commercial unless specified and quoted otherwise.

7. PACKAGE VALUE DECLARATION:

Milhardware is required by law to properly declare the full commercial value of the shipment and will not declare any value other than the actual full value of the shipment. There are no exceptions to this policy.

8. SHIPPING:

Milhardware will utilize the shipping instructions as specified on the purchase order/contract received. In the event no shipping instructions are on the purchase order/contract, Milhardware will ship prepay and add, most efficient way. The actual cost of shipping will be added to the invoice, COD charges, or credit card.

9. SHIPPING SCHEDULE:

Milhardware will provide and ship the product to the customer when available.

10. OTHER FEES:

The buyer is responsible for any additional fees associated with the importation of a package (e.g., duties, taxes, brokerage charges, etc.). Milhardware will not estimate or pay for any of these fees.

11. REGULATORY / EXPORT CONTROL:

Some commodities and products are subject to further regulatory requirements. Any forthcoming order may require a Government Contract number for processing. Some products require export control, end use, and end user certifications or export control licenses prior to processing. These types of orders could experience delays due to additional processing requirements. A non-refundable processing fee will be charged for any shipment requiring an export license. This purchase order is contingent upon approval to obtain the proper licensing approval to ship. If Milhardware is unable to obtain the needed license or approval the sales contract is void with no penalties to either party. Quotes are not applicable for parts shipping into Embargo restricted countries.

12. ERRORS:

Typographical and clerical errors are not binding and are subject to correction.

13. CLAIMS:

Non-conforming material must be reported to Milhardware Quality Department in writing, via fax or email. The notice shall include purchase order number, part number and nature of the nonconformance. After initial investigation, the Quality Department will provide notification of a Return Material Authorization number and a mode of shipping the material back to Milhardware. A RMA number is required for all returns. Without one, material will be refused. Claims for non-conforming material will be accepted for up to 7 days after the shipment date. Any claim after the 7 days will be subject to further review. Claims for shortages must be filed within 7 days of the receipt of the material.

14. APPLICABILITY:

These Terms and Conditions apply to Milhardware commercial sales and customer order

15. ACCEPTANCE:

Supplier’s acceptance of this purchase order shall constitute an agreement to all terms and conditions; including but not limited to purchase order price, quantity, delivery, specifications, terms, quality requirements, and regulatory requirements.

16. ACKNOWLEDGEMENT:

A signed acknowledgement MUST be sent to Milhardware Purchasing Department after receipt of the order.

17. AGREEMENT:

Upon acceptance and acknowledgement this purchase order constitutes a binding agreement between the Supplier and Milhardware.  The terms and conditions cannot be changed without prior consent of both parties.

18. EXCEPTIONS:

Exceptions to the purchase order of any kind must be submitted in writing for approval, disapproval, and purchase order amendment if required. Correspondence regarding this order must reference Milhardware purchase order number.

19. PRODUCT FOR GOVERNMENT CONTRACTS:

If the purchased product is for a government contract and is a rated order certified for National Defense use, you are required to follow all provisions of the Defense Priorities and Allocations System regulation (15 CFR 700) and FAR 52.246-2. Product must be new / unused and of domestic manufacture (unless noted otherwise).

20. CERTIFICATIONS:

Any certifications, test reports, material safety data sheets, and other documents required as per the purchase order, must accompany the product at the time of shipment and copies are to be maintained at the Supplier’s facility.

21. COMPLIANCE WITH LAWS:

Suppliers must comply with State and Federal Equal Opportunity Employment, Affirmative Action, Employment Compliance / Reporting and Regulatory Requirements. Upon request a certificate attesting to such compliance may be required.

22. EXPORT COMPLIANCE:

Suppliers must comply with all applicable laws and regulations regarding export controlled items, including but not limited to: a. Export Administration Regulations (EAR), 15 CFR 730-774 b. International Traffic in Arms Regulations (ITAR), 22 CFR 120-130 c. Arms Export Control Act, 22 USC 2751-2794 If the Supplier engages in the U.S. in the business of manufacturing or exporting of defense articles or furnishing defense services, the Supplier is hereby acknowledging that it is registered with the U.S. Department of State Directorate of Defense Trade Controls, as required under ITAR 122.1, and that it fully understands and complies to the rules and regulations of EAR and ITAR. Supplier will provide Milhardware with applicable export control classifications (ECCN or USML# and Schedule B#) for the products supplied and agrees to notify Milhardware if any product within this P.O. is restricted by export control laws or regulations. Supplier will immediately notify Milhardware if Supplier is or becomes listed in any Excluded, Debarred, or Denied Parties List or if Supplier’s export privileges are denied, suspended or revoked in any capacity by any U.S. Government Agency.

23. PACKAGING:

Supplier shall package all products for suitable and safe protection, preservation, and transportation to avoid any possible damage.

24. DELIVERY:

Product not received by the purchase order delivery date, receipt of non-conforming product, or receiving deficient documentation could result in purchase order cancellation at no cost to Milhardware. Supplier may also be liable for any penalties or additional costs incurred by Milhardware as a result of late delivery or delivery of nonconforming product.