Legal Information
COPYRIGHT
All items on this web-site are copyrighted by K-zell Metals, Inc. and are not to be used without the permission of K-zell Metals, Inc. Any pictures not owned by K-zell Metals, Inc. were permitted to use by owner. Contact K-zell Metals, Inc. if there are any problems that need to be resolved upon any copyrighting matters.
CONTRACT FORMAT
K-zell Metals, Inc. is a custom fabrication shop. K-zell Metals, Inc. manufactures items to a customer's engineering. These fabrications may be incorporated into a construction project or used independently as shipped. All items manufactured can be inspected to the customer's engineering requirements at the time of shipment.
K-zell Metals, Inc. prefers that contracts be issued in the form of a Purchase Order from the customer to K-zell Metals and that the contractual requirements be consistent with the Uniform Commercial Code of Arizona. Other contractual forms will require review, negotiation, and will delay the start of any work.
Contractual forms, such as standard construction contracts or contracts that make K-zell Metals, Inc. a subcontractor are not acceptable. Similarly contracts that have or allow retention, or "pay when paid" provisions will not be accepted.
TERMS
Unless arranged before the order is placed, payment in full is required before shipment. We accept Cash or Check for payment, we do NOT accept credit or debit cards. Certain projects may require a deposit at the time of order, and prior to fabrication. Title to all materials shall remain with K-zell Metals, Inc. until paid for in full.
For all customers with an open account the following terms and conditions apply.
1. All invoices for customers with open accounts are due in thirty [30] days, unless alternate terms are specifically negotiated at the time of the order by a corporate officer of K-zell Metals, Inc. Payments must be postmarked within thirty [30] days from the invoice date, and received at our office no later than thirty-five [35] days from the date of the invoice.
2. Payment not received forty-five [45] days from the invoice date, will result in suspension of further shipments and the account will be placed on C.O.D. basis. Upon receipt of payment in full, and a review of your payment history, this account may be reopened.
3. Any account sixty [60] days past due will be placed for collection in the hands of our "collection agency" and/or attorney. If suit is filed thereon or proceedings are had in probate , bankruptcy receivership, arrangements, or other legal proceedings for collection of any such amount, Applicant agrees to pay costs and expenses of collection, including reasonable attorney's fees.
4. We will not, under any circumstances, accept purchase orders from Applicant's that carry terms of payment based on cash flow or partial payments basis of Applicant dictated by "general or prime" contractor's contractual agreements, or any other such payment delay strategies.
5. Notwithstanding any terms and conditions which may be part of Applicant's purchase orders to K-zell Metals, Inc., all sales made by K-zell Metals, Inc. to the Applicant shall be governed exclusively by the terms of payment of this document.
6. Applicant represents to K-zell Metals, Inc. that it is solvent as of the date of this agreement, and that the information furnished in this application is true and correct, and that the undersigned has read and agreed to all the terms and conditions of the agreement.
7. No person other than a corporate officer of K-zell Metals, Inc may alter these payment terms and conditions.
TAXES
Sales taxes will be charged on all sales unless the customer fills out & signs a resale certificate with a valid resale tax number prior to payment. We do not break labor out separately. We do not refund sales taxes paid before the resale card is filed.
Click Here to print an Arizona Resale Certificate
F.O.B. POINT
All shipments from K-zell Metals, Inc. are F.O.B. shipping point. All risk of loss or damage passes to you at our dock.
WARRANTY
K-zell Metals, Inc. warrants its work to be free of defects in Materials and Workmanship for a period of one (1) year from date of shipment. Our sole liability under this warranty is to repair or replace (at our discretion) defective work returned to our shop.
MATERIAL CERTIFICATION
K-zell Metals, Inc. buys materials conforming to the applicable ASTM standards. We do not however, maintain material traceability and do not offer mill test reports on our stock material.
MSDS SHEETS
Are available on our stock material and will be furnished upon request.
NON-DISCLOSURE
We value you as customers and understand that your designs are your intellectual property. We will not sell or use your designs in work for other customers.
DETAILING SERVICES / CNC PROGRAMMING
This is done as part of a fee for service, and all rights and title to those detail drawings and programs belong to K-zell Metals, Inc.
TOLERANCES
The gages, thicknesses and weights used, are not actual but are nominal in accordance with industry trade practices.
CUSTOMER MATERIAL
Customers may have materials shipped directly to K-zell Metals from their vendors. Such shipments must comply with K-zell Metals standard shipping requirements unless prior arrangements have been made.
Customer arranged shipments must be prepaid and arrive during our normal receiving hours. Mon-Thur: 6:30am - 11:30am 12:30pm - 2:30pm Friday: 6:30am - 11:30am
SAMPLES
Samples provided for quotations or fabrication, must be picked up with the ordered parts. Samples left more than 60 days after quotation or fabrication may be disposed.
DROP
Excess customer furnished materials will be shipped with the completed job. Customer furnished materials left 60 days after job completion will be scrapped.
INSPECTION
Final inspection and acceptance of polished materials must be made at K-zell Metals factory.
TOOLING
Customer furnished tooling will be stored at no charge for on-going and repeat fabrication work. Tooling left at K-zell Metals for a period of two years, after completion of the last job, will be considered abandoned and title will transfer to K-zell Metals for storage costs.
WEBSITE
Prices posted, are subject to change without notice. Information posted on web-site is subject to change without notice. K-zell Metals, Inc., while attempting to provide accurate information on this web-site, makes no warranty for its accuracy and assumes no liability or responsibility for errors or omissions on the web-site.
Everything on the web-site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note, that some jurisdictions may not allow all the exclusion or implied warranties, so some of the above exclusions may not apply to you.
K-zell Metals, Inc., makes no warranty nor assumes any liability or responsibility for any information or content on linked websites.