Unless otherwise stated, quotations expire 30 days from date thereof and may be modified or withdrawn by CMG prior to acceptance. All quotations and prices are subject to change without notice. Prices do not include any present or future sales, use, excise, value-added, or similar taxes, and where applicable, such taxes shall be billed as a separate item and paid by the buyer. CMG reserves the right to correct all errors and omissions. Quantities and unit prices are for the specific quotation only; any increase or decrease in quantities is solely at the option of CMG. CMG assumes no responsibility for quoted materials meeting any job specifications or requirements unless specified so stated in written quotation. CMG is merely quoting its interpretation of Buyers requirements and bill of material.
All orders shall require an executed Order Acknowledgement from the Buyer prior to procurement and/or processing. The purpose of this document is to ensure that CMG will produce, process and provide the exact material that is the intent of the Buyer. It is the sole responsibility of the Buyer to carefully review the Order Acknowledgement for errors, omissions and/or inaccuracies. An executed Order Acknowledgment shall constitute a full and binding contractual agreement between CMG and the Buyer. An acknowledged order may be cancelled by the Buyer only if agreed to by CMG and upon payment of reasonable charges based upon expenses already incurred and commitments made by CMG.
Unless otherwise noted, all orders are to be taken within 30 days of the material-ready date. Any orders not taken within a 30-day window are subject to restocking and material handling fees at CMG’s discretion. Any exceptions made must be noted in writing by an authorized CMG representative.
All orders shall be considered full accepted as provided upon the receipt and/or use of the product. Product use includes, but is not limited to, cutting, forming, modification, installation of or other such consumption of said product. Buyer assumes acceptability and approval of all materials used and/or consumed. In the event the Buyer discovers a suspected product defect during the course of fabrication, use, and/or consumption, all fabrication, use, and/or installation shall be ceased immediately and CMG shall be contacted for further direction. All materials modified in any way without such direction from CMG are the sole responsibility and liability of the Buyer. Note specifically that oil-canning is an inherent occurrence in light gauge, cold-rolled formed metal products and is not cause for coil, sheet, or panel rejection.
Buyer understands and agrees that all material returned for credit must be with prior approval and shall be subject to a normal restocking charge. Any and all claims for loss, damages, shortage, or errors must be made within 3 days of delivery of order. All returned merchandise must be new, unopened, and in the original shipping carton. Special ordered products or products cut to the customer’s specifications cannot be returned. A copy of the original shipping order must accompany all returns. Buyer further agrees that any dispute must be submitted in writing and delivered via certified mail to the corporate office at 301 Yard Dr., Verona, WI 53593, attn: Credit Manager. Cash purchase refunds will be made by returned mail check within seven working days. Refunds on purchases paid for by check will not be made until the check payment has cleared our bank. Credit card purchases will be credited to the customer’s credit card.
Merchandise returned for cash credit is subject to the following handling charges:
- 0 to 30 Days – 20% Restocking Fee
- Over 30 Days – Not Returnable Without Prior Authorization
As to goods delivered by CMG’s truck, ownership passes upon delivery at the place Buyer receives possession, and thereafter, all risk of loss or damage shall be on Buyer. Delivered by common carrier are F.O.B. shipping point. On direct shipments from manufacturers, ownership passes to Buyer at point and time of delivery to the carrier, and thereafter, all risk of loss or damage shall be on Buyer. Damage or shortage claims arising from direct shipments are to be made by Buyer against the carrier. CMG assumes no responsibility beyond the point of delivery to the carrier in good order and is not responsible for loss, damage, or delay occurring thereafter.
Offloading and Handling Policy
Buyer assumes all responsibility and subsequent liability for the proper handling and offloading of all goods in such a manner as to prevent against damage and/or loss. Buyer hereby acknowledges responsibility to provide proper and adequate means to offload, handle, hoist, and transport all materials upon arrival at destination. This includes, but is not limited to, equipment, manpower, and staging. Further, CMG shall assume no responsibility or liability for damages and/or loss resulting from inadequate handling of materials subsequent to delivery at the point of sale.
Special note regarding long materials:
CMG routinely manufactures fabricated items that are, at the request of the customer, provided in long lengths. These items may include, but are not limited to, standing seam roofing panels, wall panels, soffit panels, and seamless formed gutter sections as well as other formed shapes. Long sections are defined as any part exceeding 8′-0″ in length. It is expressly understood by way of this agreement that it is the sole responsibility of the Buyer to provide adequate manpower, equipment, and staging to properly offload, handle hoist, and transport these items. Specifically, long products must be supported using multiple forklifts, spreader bars, or other such provisions to adequately spread and support the load over the length of the formed parts in order to prevent and avoid damage. Damage and loss can be expected when handling long parts using single-point hoisting. CMG shall assume no responsibility or liability for damages and/or loss resulting from inadequate handling of materials in such a manner. By execution of this agreement, Buyer assumes all responsibility for proper material handling and accepts any and all liability for damage or loss resulting from improper handling.
Proper Material Storage
- Do not store any material outside and uncovered with exposure to the elements.
- Under roofed storage is most desirable and should be used whenever practical. Jobsite storage time should be minimized.
- Plastic tarps or shrouds should not be placed over material in a manner that prevents good ventilation. The “humidity cabinet” effect of unventilated plastic wrapping is well known. It creates higher interior temperatures, which cause the material to “condensate”. This, along with other moisture that may be present will lead to possible damage. Moisture can percolate under the paint and cause blistering which when formed may cause paint failure.
- Unloading shipments at job sites should not be practiced while raining. If this is impractical, the material should be kept covered at all times to prevent moisture from wetting or penetrating packaging. In the event a package becomes wet it should be opened, dried, and used at the earliest possible time.
- Jobsite stored material should be uncovered in good weather while working on the site to allow airflow around the packages. Remember to always cover material when leaving the site for the day or before any adverse weather approaches. After any storm, the tarps should be removed to allow air to circulate and dry any moisture that may have infiltrated under the tarps.
- Store material at the job site to allow for good drainage. All products should be off the ground by 4 inches so that moisture cannot penetrate from below. Tilt all products at an angle to allow for good drainage in the event of moisture penetration.
- Inspect each package upon arrival and note any damage, corrosion, or moisture. Report all exceptions to Coated Metals Group immediately and note truck delivery receipt. Coated Metals Group instructs all motor carriers on the proper handling, securing, and transit of its products. It is the consignee’s responsibility to note any and all noticeable quality exceptions at the time of delivery.
- Other factors to consider when locating materials for storage on a job site are droppings from trees, blowing sand or dust, emissions from factories or incinerators, and/or any other condition that may cause damage while the material is stored at a job site.
All new customers shall start with cash, COD terms for a minimum of their first three (3) purchases. Customers may apply for an account with CMG at any time, but credit will not be extended until we have established a relationship with the customer demonstrating the customer’s ability to pay.
The credit application is submitted by the undersigned (hereinafter referred to as “Applicant”) for the purposes of obtaining an open charge account with CMG, Inc. and it’s divisions and affiliates (hereinafter referred to as “CMG”). All representations are accurate, complete, and truthful to the best of the Applicant’s knowledge and belief. Applicant agrees and understands that the credit terms of CMG are:
- Except for extended-term contracts, current billings are payable upon receipt of invoice. Applicant agrees to pay the amount due within thirty (30) days of each invoice therefore. Balances beyond thirty (30) days will be subject to one and one-half percent (1 ½) finance or interest charge per month (18% per annum) or the highest rate allowable by law. Applicant’s account will be delinquent when any part of the account is thirty (30) days past due. CMG reserves the right to apply any and all payments at its sole discretion.
- Applicant agrees that it shall be liable for all costs and fees, including CMG’s attorney fees, and expenses incurred in pursuit and/or collection of any and all amounts due, including interest. Applicant agrees that legal jurisdiction of this and all future contracts shall be at Madison, Wisconsin, USA, or customer location at the option of CMG.
- If Applicant presents Financial Statements as part of this application, or in the future, they will be attached hereto and made a part thereof. Applicant agrees to submit Financial Statements as requested by CMG. Financial Statements submitted in connection with an application or as requested by CMG will be accurate, complete, and truthful. Applicant acknowledges that CMG will rely upon same.
- Any checks marked “payment in full” must be sent via certified mail to the corporate office at 301 Yard Dr, Verona, WI 53593, attn: Credit Manager. It is agreed that checks marked “payment in full” or other language with similar intent shall not relieve CMG of any rights whatsoever.
- Applicant understands and agrees that it grants CMG a security interest in and to any and all goods and material sold or delivered to: Applicant by CMG to secure performance and payment of all obligations and indebtedness from Applicant to CMG.
- No waiver, alteration, or modification of any of the provisions hereof shall be binding upon CMG unless specifically addressed in writing by an authorized representative of CMG’s management. PURCHASER ACKNOWLEDGES THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY TERMS AND CONDITIONS ON ANY PURCHASE ORDER ACCEPTED BY CMG, INC.
It is agreed that sales of products or services rendered by CMG, Inc. and its affiliates and divisions (hereinafter referred to as “CMG”) will be based on the terms and conditions found herein and on the credit application. If Applicant is a corporation, partnership, LLC, or other business entity, the undersigned affirmatively states that he is authorized to make an application on behalf of said corporation and to obligate same for any credit extended thereto as a result of this application, and further that the corporation on whose behalf application is hereby made will continue to be bound and obligated for any credit advanced thereto until such notice to the contrary is given in writing to CMG, Inc. at 301 Yard Dr, Madison, WI 53593. Applicant certifies that the business is not insolvent, and hereby authorizes any individual, corporation, or credit agency to disclose to CMG, orally or in writing, any information pertinent to the application and agrees that credit information may be given to other trade sources and credit reporting agencies as a normal course of business. If the Applicant is an individual, sole proprietorship, or partnership, the Applicant gives express authority to CMG to, at the sole discretion of CMG, investigate and obtain any information deemed useful by CMG and connected to the establishment of an open credit application with CMG including, but not limited to, bank, personal and trade references, consumer reports, and credit bureau reports.
Notice to Applicant- Sign the credit application only if you have completely read it. You are entitled to a copy of the signed agreement. By signing the agreement, you acknowledge that you have read the entire application, including the terms and conditions, and agree to the same, in full.
Credit Card Payment Policy
- CMG will accept credit card payments at the point of sale without any additional fees applied
- If a customer pays their invoice(s) or account balance at any time after the point of sale, CMG will impose a 3% convenience fee.
- The 3% convenience fee shall be calculated on the total invoice amount including any and all freight and sales tax.
- Further, if at the time of payment, the customer’s account is delinquent (past due), CMG will charge any and all accrued finance charges and the 3% convenience fee upon running the card.
CMG’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any goods hereunder, or their sale, resale, operation, or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowance to such goods or part thereof involved in the claim. CMG shall not, under any circumstance, be liable for any labor charges without the prior written consent of CMG. CMG shall not in any circumstance be liable, whether as a breach of contract, warranty, tort (including negligence), or other grounds, for special, consequential, incidental, or penal damages including but not limited to, loss of profits or revenue, loss of use of the product or any associated product, cost of capital, cost of substituting products, facilities or services, downtime costs, or claims of customers of the buyers for such damages. If CMG furnished Buyer with advice or other assistance with concerns any goods supplied hereunder, or any system or equipment in which any such goods may be installed, and which is not required pursuant to this contract, this furnishing of such advice or assistance will not subject CMG to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
Custom Color Policy
During the normal course of our business, Coated Metals Group (CMG) routinely produces and inventories an extensive and ever-growing array of finishes over a wide range of substrate types, gauges, and sizes. We currently offer in excess of thirty-four (34) standard finish colors, produced in five (5) different coating technologies applied to both steel and aluminum substrate in ten (10) standard gauge and size combinations. Despite the wide array of standard products available, there are occasions when a project calls for a substrate, gauge, size, or coating combination that is non-standard or unique to a specific project and/or use. When this occurs, CMG is required to procure and pay for the required substrate and paint, and incur costs related to the production of the finished product, all well prior to shipment. If, for any reason, this material is produced but does not ship or is not purchased as originally intended, CMG is faced with the liability of the cost of producing product for which there is no viable market for resale or hope for cost recovery.
Therefore, it is the policy of CMG to secure assurance of payment prior to the procurement and production of custom materials in an amount appropriate to offset this potential liability. This security can be in the form of pre-payment, bank letter of credit, bond, or other such insurance that the subject material will ultimately be paid for in accordance with our standard terms and conditions.
Further, in as much as the production of coil-coated products is an inexact procedure with respect to quantity, custom orders are also subject to quantity variation. CMG will make every effort to produce custom material as close to the order quantity as possible. However, orders produced within the quoted quantity variance will be considered complete and all material produced within the quoted quantity variance shall be purchased by the customer under CMG’s standard terms and conditions.