Agreement and Governing Terms
These Terms and Conditions of Sale (“Terms”) constitute the complete, binding, and controlling agreement governing all quotations, orders, sales, fabrication services, deliveries, pickups, payments, entry onto Seller’s premises, and all related transactions conducted by Chiragh Metal Trading Inc dba Steel N Metals (“Seller”).
By requesting a quotation, submitting specifications, placing an order, providing payment, accepting delivery, arranging for pickup, entering Seller’s premises, or otherwise engaging in any transaction with Seller, the purchaser (“Buyer”) irrevocably agrees to be bound by these Terms in their entirety.
Any terms or conditions proposed by Buyer that are inconsistent with or additional to these Terms are expressly rejected and shall have no force or effect unless expressly agreed to in writing by Seller.
Quotations, Pricing, and Order Acceptance
All quotations are provided for informational purposes only and do not constitute binding offers unless confirmed in writing by Seller.
Pricing is subject to change at any time prior to order acceptance due to fluctuations in raw materials, supply chain conditions, tariffs, freight, and market factors.
Seller reserves the right to correct clerical, typographical, or system errors at any time, including after order placement.
No order shall be binding until accepted by Seller. Seller reserves the right to refuse, cancel, or modify any order at its sole discretion.
Payment Terms, Chargebacks, and Collections
All invoices are due immediately unless prior written credit terms are approved. Seller may modify or revoke credit terms at any time.
Buyer agrees that all transactions are final, authorized, and not subject to reversal except as permitted under Seller’s return policy.
Buyer shall not initiate any chargeback or payment dispute without first providing written notice to Seller and allowing an opportunity to resolve the matter.
Any chargeback initiated on a valid transaction constitutes a breach of these Terms.
Buyer remains liable for all amounts owed, including reversed payments, and agrees to reimburse Seller for all associated costs including administrative fees, chargeback fees, attorney’s fees, court costs, and collection agency fees.
Failure to pay constitutes default. Seller may suspend performance, accelerate balances, revoke credit, and pursue all legal remedies.
Payment obligations remain in effect regardless of disputes.
Returned checks are subject to a $35 fee.
Delivery, Pickup, Title, Risk of Loss, and Transportation Liability
All delivery dates are estimates only and are not guaranteed. Seller shall not be liable for delays caused by carriers, weather, supply chain disruptions, labor issues, equipment failure, or any cause beyond its control.
Title to and risk of loss transfer to Buyer upon delivery or, in the case of pickup, upon placement of materials onto Buyer’s vehicle, trailer, or equipment.
Buyer expressly acknowledges and agrees that full responsibility for the handling, loading, securement, transportation, and unloading of all materials transfers entirely to Buyer immediately upon commencement of the pickup process and, in all cases, no later than the moment materials are placed onto Buyer’s vehicle or delivered to Buyer’s designated location.
Buyer acknowledges that all materials supplied by Seller, including but not limited to metal bars, tubing, plates, sheets, structural shapes, and fabricated components, may possess inherent risks including excessive weight, sharp edges, shifting centers of gravity, uneven surfaces, oil or residue, and irregular geometry, and Buyer further acknowledges that such materials may present significant hazards if not properly handled, secured, transported, or unloaded.
For all customer pickup transactions, Buyer expressly agrees that Seller does not and shall not secure, strap, tie down, balance, block, or otherwise ensure the safe transport of materials once placed onto Buyer’s vehicle, and under no circumstances shall Seller be responsible for load securement. Any assistance provided by Seller’s personnel is provided strictly as a courtesy and shall not be interpreted as supervision, instruction, or assumption of responsibility.
Buyer represents and warrants that its vehicle, trailer, and equipment are properly rated, maintained, and legally compliant, and Buyer assumes full responsibility for load securement, transportation safety, and compliance with all applicable federal, state, and local laws and regulations.
For all deliveries performed by Seller or third-party carriers, Buyer expressly agrees that Seller’s responsibility is limited solely to transportation of materials to the delivery location and that Buyer shall be solely responsible for unloading all materials. Seller and its drivers shall have no obligation to unload materials unless expressly agreed in writing. Buyer must provide all necessary equipment, labor, and safe conditions for unloading and assumes all risks associated with such activities.
Any assistance provided by Seller personnel or drivers during unloading shall be considered voluntary and shall not create any duty or liability.
Buyer expressly assumes all risks associated with loading, securing, transportation, and unloading, including but not limited to personal injury, death, property damage, vehicle damage, loss of load, traffic incidents, regulatory violations, and third-party claims.
To the fullest extent permitted by law, Buyer hereby releases, waives, indemnifies, defends, and holds harmless Seller, its owners, officers, employees, and agents from any and all claims arising out of or related to pickup, loading, securement, transportation, delivery, or unloading of materials, regardless of Seller’s involvement.
Seller reserves the right to refuse to load materials onto any vehicle that appears unsafe or noncompliant and may halt loading operations if unsafe conditions are identified.
Warehouse Entry, Safety, and Liability Release
Buyer and any of its employees, agents, contractors, or representatives are prohibited from entering Seller’s warehouse, yard, or operational areas without prior authorization and supervision by Seller personnel.
Any approved entry must be supervised at all times. Buyer acknowledges that such areas contain inherent hazards including moving equipment, forklifts, heavy materials, overhead loads, and active industrial operations.
By entering Seller’s premises, whether authorized or not, Buyer assumes all risks of injury, death, or property damage.
To the fullest extent permitted by law, Buyer releases and agrees to indemnify and hold harmless Seller from any claims arising out of entry onto Seller’s premises.
Seller reserves the right to remove any unauthorized individual and refuse service.
Inspection and Acceptance of Goods
Buyer must inspect all materials at the time of pickup or immediately upon delivery.
Once materials leave Seller’s control or delivery personnel depart, all materials are deemed accepted and Buyer waives all claims for damage, shortage, defect, or nonconformance.
Returns, Restocking, and Finality
All sales are final unless approved in writing by Seller.
Return requests must be made within three (3) days.
Approved returns are subject to a minimum 20% restocking fee.
Cut, processed, fabricated, or special-order materials are non-returnable, except at Seller’s sole discretion, with fees up to 30% or greater.
Fabrication, Specifications, and Buyer Responsibility
All goods are produced according to Buyer specifications.
Buyer is solely responsible for accuracy, design, and suitability.
Seller does not provide engineering or design validation.
Warranty Disclaimer
All goods are provided “AS IS” without warranties of any kind.
Limitation of Liability
Seller’s liability shall not exceed the purchase price of the goods.
Seller shall not be liable for indirect or consequential damages.
Indemnification
Buyer agrees to indemnify Seller from all claims related to use, handling, transport, application, or presence on Seller’s premises.
System Records and Transaction Control
Seller’s records shall be deemed accurate and controlling in all disputes.
Force Majeure
Seller is not liable for delays caused by events beyond its control.
Assignment
Buyer may not assign obligations without Seller’s written consent.
Severability
If any provision is unenforceable, remaining provisions remain in effect.
Governing Law and Venue
Illinois law governs these Terms. Venue shall be Will County or DuPage County, Illinois.
Modification of Terms
Seller reserves the right to modify these Terms at any time without prior notice. Continued transactions or entry onto Seller’s premises constitutes acceptance of any updated Terms. Buyer is responsible for reviewing current Terms prior to engaging in transactions.
Entire Agreement
These Terms constitute the entire agreement between Buyer and Seller and supersede all prior agreements or communications.
CUSTOMER PICKUP AND DELIVERY LIABILITY WAIVER
Chiragh Metal Trading Inc dba Steel N Metals
This Customer Pickup and Delivery Liability Waiver (“Waiver”) applies to all customers, purchasers, and any of their employees, agents, contractors, or representatives (“Buyer”) who elect to pick up materials, fabricated components, or manufactured goods directly from the facility of Chiragh Metal Trading Inc dba Steel N Metals (“Seller”) or who accept delivery of such materials by Seller or any third-party carrier arranged by Seller. By electing customer pickup or accepting delivery, Buyer expressly acknowledges and agrees that full responsibility for the handling, loading, securement, transportation, and unloading of all materials transfers entirely to Buyer immediately upon commencement of the pickup process and, in all cases, no later than the moment the materials are placed onto Buyer’s vehicle, trailer, or equipment, or, in the case of delivery, upon arrival of materials at the designated delivery location.
Buyer acknowledges that all materials supplied by Seller, including but not limited to metal bars, tubing, plates, sheets, structural shapes, and fabricated components, may possess inherent risks including excessive weight, sharp edges, shifting centers of gravity, uneven surfaces, oil or residue, and irregular geometry, and Buyer further acknowledges that such materials may present significant hazards if not properly handled, secured, transported, or unloaded. Buyer expressly assumes all risks associated with such activities, including but not limited to risks of personal injury, death, property damage, vehicle damage, loss of load, traffic incidents, regulatory violations, and third-party claims, and acknowledges that improper handling or securement of metal materials may result in severe or catastrophic consequences.
For all customer pickup transactions, Buyer expressly agrees that Seller does not and shall not secure, strap, tie down, balance, block, or otherwise ensure the safe transport of any materials once placed onto Buyer’s vehicle, and under no circumstances shall Seller be responsible for load securement. Any assistance provided by Seller’s personnel in positioning or placing materials onto Buyer’s vehicle is provided strictly as a courtesy and shall not be interpreted as supervision, control, instruction, or assumption of responsibility. Buyer retains sole and exclusive responsibility for determining proper load securement, weight distribution, tie-down requirements, and transportation safety, and represents and warrants that its vehicle, trailer, and any associated equipment are properly rated, maintained, and legally compliant for the transportation of the materials being collected. Seller shall have no obligation to verify, inspect, or advise on the adequacy, capacity, or legality of Buyer’s equipment, load securement, or transportation methods.
For all deliveries performed by Seller or any third-party carrier, Buyer expressly acknowledges and agrees that Seller’s responsibility is limited solely to transporting materials to the designated delivery location and that Buyer shall be solely responsible for unloading all materials. Seller, its drivers, and any third-party carriers shall have no obligation to unload materials unless expressly agreed to in writing prior to delivery. Buyer shall provide all necessary equipment, labor, and safe conditions required to unload materials and assumes full responsibility for all risks associated with unloading, including but not limited to personal injury, equipment failure, property damage, and site-related hazards. Any assistance provided by Seller’s personnel or delivery drivers during unloading shall be deemed voluntary and shall not create any duty, responsibility, or liability on the part of Seller.
Buyer agrees that all materials must be fully inspected at the time of pickup or immediately upon delivery prior to departure of Seller’s personnel or carrier. By accepting possession of the materials and proceeding with transport or allowing delivery personnel to depart, Buyer conclusively acknowledges that the materials have been inspected and accepted in full and waives any and all claims relating to damage, shortage, defect, or nonconformance thereafter.
Buyer assumes full responsibility for compliance with all applicable federal, state, and local laws and regulations governing transportation, load securement, weight limits, and safety requirements, including but not limited to the Illinois Vehicle Code and Federal Motor Carrier Safety Regulations, and is solely responsible for determining load capacity, axle limits, weight distribution, overhang compliance, tie-down requirements, and safe operation of vehicles and equipment.
To the fullest extent permitted by law, Buyer hereby releases, waives, discharges, indemnifies, defends, and holds harmless Seller, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including attorney’s fees, arising out of or related in any way to the loading, handling, securing, transportation, or unloading of materials following pickup or delivery, regardless of whether such claims arise from negligence, oversight, or involvement by Seller’s personnel in any aspect of loading or unloading.
Seller reserves the right, at its sole discretion, to refuse to load materials onto any vehicle or trailer that appears unsafe, improperly equipped, overloaded, or noncompliant with applicable safety standards, and further reserves the right to halt loading operations or require corrective action prior to release of materials if unsafe conditions are identified. Failure by Seller to enforce any provision of this Waiver shall not be construed as a waiver of Seller’s rights to enforce such provisions at any time in the future.
By proceeding with customer pickup or accepting delivery, Buyer acknowledges that it has read, understood, and voluntarily agreed to all terms of this Waiver and accepts full responsibility for all risks associated with the handling, transportation, and unloading of materials, and further acknowledges that these terms are binding, enforceable, and applicable to all current and future transactions involving pickup or delivery of materials from Seller.