Terms & Conditions of Sale

General

The terms and conditions of this document shall constitute the entire Agreement for the purchase and sale of the products to Purchaser. Acceptance made expressly conditional upon Purchaser’s assent to these terms, which may differ from, vary or be in addition to the terms in Purchaser’s purchase order or request for quotation. Any varying, differing or additional terms and conditions contained in the Purchaser’s purchase order or request for quotation shall not be binding upon Hillman.

Discount Terms

A 1% cash discount is allowed for invoices paid within 10 days of invoice date or net payment due within 30 days. If credit has not been established, orders may be shipped if payment has been arranged in advance by credit card. Any new orders or backorders will be held without shipment if there are unpaid invoices in excess of 45 days, or if authorized credit limit is exceeded.

Prices

Prices are subject to change without advance notice. All items will be invoiced at the catalog price less the applicable discounts. Prices apply for full box quantities only. Partial boxes will be invoiced at full retail price. Only certain products will be available for partial box sales.

Quotations

Written price quotations remain in effect for thirty days from time of quotation unless otherwise stated in writing.

Minimum Order

Minimum order is $25, based on The Hillman Group, Inc. current Net Purchaser Prices. Orders of less than $25 will be processed with a $25 Net Invoice.

Back Orders

All orders will be accepted on a ship and cancel basis, unless otherwise requested. Displays, assortments and special items WILL be back-ordered unless otherwise stated.

Freight

The routing of ALL shipments shall be entirely within the discretion of Hillman. Special shipping requests – airfreight – bus shipments – special dispatch – drop shipments, etc. – will be sent freight collect and will be F.O.B. shipping point. Orders less than $250.00 will be charged freight. Handling charges will be as follows: Orders less than $250.00 are subject to a $1.00 handling charge. Orders over $250.00 are subject to a $3.00 handling charge. All threaded rod, angles, flats and metal shapes will be treated as a separate order and will be shipped from Denver, CO. Freight prepaid on these items is $350.00. This freight minimum reflects the dollar amount of the shapes only and cannot be combined with any other products. As economic circumstances dictate, a fuel surcharge may be assessed in addition to freight and handling on all orders.

Special Orders and Orders for Non-Stocking Product

Special orders are non-cancelable, non-returnable and must be ordered via a purchase order from the customer. All special orders will be shipped in accordance with quoted lead times and at industry standard ±10% of the order quantity. Customer is liable for the entire order quantity.

Claims and Damages

All damages and shortages must be reported to us within five days after receipt of merchandise. If goods are damaged in transit or shortages received, notification should be made directly with carriers. Before reporting shortages, please check to make sure packing slip indicates shorted items have been shown as being shipped.

Returns

Materials returned for credit or exchange will be accepted only under the following conditions:

• Materials must be current, cataloged, and must have been purchased within the 6 months immediately preceding the return of such materials. Specials and discontinued products, defined at the sole discretion of The Hillman Group, Inc., cannot be returned.
• Prior to returning any product to The Hillman Group, Inc., approval and a return authorization number must be obtained. Freight carrier and routing must also be approved by The Hillman Group, Inc.
• Materials received by The Hillman Group, Inc. without prior approval and authorization number will be returned, freight collect, to the Purchaser. R.A. # must be printed on outer carton.
• All returns should be shipped freight prepaid. If The Hillman Group, Inc. determines the product to be defective, Purchaser’s account will be credited, including the appropriate freight charges.
• Returning materials for credit or exchange are subject to a minimum restocking charge of 20%, plus any freight expenses originally incurred by The Hillman Group, Inc. in the delivery of said materials. The restock charge may be calculated at the sole discretion of The Hillman Group, Inc. All returns must be in saleable condition.

Limitations and Liability

All goods returned to and accepted by Hillman as defective or incorrect, shall be replaced or credited in full. No claim made hereunder by the Purchaser, whether as to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect of which such claim is made. HILLMAN MAKES NO WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.

Costs

Any and all costs resulting from, or incurred in connection with the collection of any monies due from the buyer, including court costs, appellate court costs and reasonable attorney’s fees will be the responsibility of the buyer.

Electronic Data Interchange

If The Hillman Group, Inc. and Purchaser have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, Purchaser agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. The Hillman Group, Inc. and Purchaser will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use proper security procedures to protect EDI records from improper access. The business records maintained by The Hillman Group, Inc. regarding EDI purchases made by Purchaser shall be controlling.

Taxes

All applicable federal, state or local sales, use, occupational or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated. Hillman shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.