Terms and Conditions

Weights shown hereon are estimated. We reserve the right to over or under-ship quantity ordered by ten (10) percent.

Buyer shall pay Invoice in full in accordance with the terms of this Acknowledgement. In the event Buyer fails to make payment when due, Buyer shall pay, in addition to the invoice amount, the late payment charge of eighteen (18) percent annum. All shipments are subject to the approval of the Seller’s Credit Department.

DEFECTS AND ERRORS
Merchandise errors and alleged defects must be reported within ten (10) days of receipt of merchandise. In such event, Buyer shall NOT return goods, but shall notify Malin in writing stating the particular nature of the alleged defect or error. At Malin’s option, the merchandise will be repaired or replaced with satisfactory materials, or, material may be returned with Malin’s approval and a returned authorization number. In event of error or defect no claims of the Buyer for labor and consequential damages shall be allowed.

NO EXPRESS OR IMPLIED WARRANTIES
Malin makes no express or implied warranties in connection with the fitness of its merchandise.

The seller shall not be liable for any delay in delivery due to (1) fires, floods, strikes or other labor disputes, accidents to machinery, acts of sabotage, riots, precedence or priorities granted at the request or for the benefit, directly or indirectly, of the Federal or any State government or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by Federal or State legislation or rules or regulations thereunder, or (2) any cause beyond the control of the Seller.

Title to goods covered hereby shall vest in Buyer upon delivery thereof to carrier.

The Buyer shall pay, or reimburse the Seller if it pays, any and all Federal, State, Municipal or other local taxes or charges imposed upon this contract, the materials covered hereby or the delivery or use thereof or upon any act done or documents of title or other instrument used in connection with the transaction, and any and all such taxes or charges imposed upon or measured by the sales contemplated herein or the purchase price payable hereunder.

Malin acknowledges and accepts Buyer’s Order, which acknowledgement and acceptance is expressly conditioned upon Buyer’s acceptance of the terms and conditions of sale contained herein. No terms or conditions other than those stated herein, whether contained in Buyer’s purchase order, shipping release, or elsewhere, and no witted or oral agreement that purports to vary these terms and conditions shall be binding upon Malin unless hereafter set forth in a writing signed by Malin’s authorized representative.

Waiver by Malin of any terms and conditions of the Acknowledgement or waiver of any breach hereof shall not be construed as a waiver of any other term, condition, or breach. Determination that any provision of this Acknowledgment is illegal or invalid shall not affect the validity of the remaining provision of this Acknowledgment.

The Acknowledgment/Invoice is governed by the laws of the state of Ohio, and the Courts of the State of Ohio shall have jurisdiction and venue over any action brought in connection herewith.

RETURN POLICY

Customers may wish to return items purchased from Malin for a variety of reasons. If the purchased material is not defective and the customer would like to return it, Malin will determine if the item can be returned. If the item is returnable, Malin will charge a restocking fee if the item/s can be resold as is. Malin must be notified within 30 days of the receipt of the goods by the customer. If there is a restocking fee the % amount will be determined by the item and the services required to manufacture the item.

If there is a quality concern with an item or if you find it to be out of specification, contact us immediately, and describe your concerns and findings. If we require the return of your material to resolve the issue, you will be given a return confirmation number. Carefully re-package the material to ensure that there is no damage. Malin must issue an RMA# for the items.

Malin Wire Co. is not responsible for damage resulting from improper handling or improper packaging. 

Ship returns to:

Malin Wire Co.

5400 Smith Rd. 

Cleveland, OH 44142

RMA#

Upon receipt at Malin Wire, your material will be logged in and moved to our Quality Assurance Department for evaluation. You will be notified of the results as soon as our evaluation is complete. If replacement is required, the re-manufacture of your order will have the highest priority in our Production Department, and the replacement material will be re-shipped to you as soon as possible.

Customer Service: 1-800-967-9697