Terms of Sale & Service

PLEASE READ CAREFULLY: THE FOLLOWING TERMS WILL GOVERN ANY AND ALL VISITS TO AND PURCHASES MADE FROM MY METAL SUPPLY'S ONLINE STORE. BY BROWSING, PURCHASING, AND/OR USING ANY PRODUCT AND/OR SERVICE FROM MY METAL SUPPLY, YOU FULLY UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR A DIFFERENT LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, AND/OR LEGAL ENTITY TO THESE TERMS.

1. Parties. These terms represent the agreement (“Agreement”) that governs the purchase of products and/or services from My Metal Supply, LLC (“My Metal Supply”) by the individual or entity browsing and/or purchasing (“Customer”) products and/or services from My Metal Supply.
2. Application. These terms apply to any and all products ("My Metal Supply Products"), software ("My Metal Supply Software"), and/or services ("My Metal Supply Services") made available for sale by My Metal Supply, LLC. In the context of this document, these are simply referred to as "products" and "services" from time to time.
3. Orders. “Order” means an order placed by a Customer that has been accepted by My Metal Supply, including any supporting material which the parties identify as incorporated either by attachment or by reference (“Supporting Material”). Supporting Material may include (for example) product lists, hardware or software specifications, standard or negotiated service descriptions, CAD drawings, product sketches, data sheets and their supplements, Statements of Work (SOWs), published warranties, service level agreements, and marketing materials (print or digital), and may be available to Customer by request or by accessing the My Metal Supply online store.
4. Prices and Taxes. Prices will be as displayed on the My Metal Supply store website (or as quoted by an authorized My Metal Supply representative) at the time an Order is submitted to My Metal Supply and accepted. Prices may be exclusive of taxes, duties, and fees (including installation, shipping, handling, and/or restocking) unless stated otherwise. We pledge to always offer you the best prices possible, but please note fluctuations in the market may require regular adjustments to the price displayed. Thus, prices are subject to change without notice.
5. Payment. Payment is due before shipment as specified at the My Metal Supply online store (https://mymetalsupply.com/) and payment is accepted in U.S. Dollars only. My Metal Supply may suspend and/or cancel performance of open Orders or My Metal Supply Services if the Customer fails to make payments when due. My Metal Supply has the right to suspend, cancel, reject, refund Orders, and/or withhold shipments if any possibility of customer fraud is suspected or detected (whether proven or not). Banks, payment institutions, payment gateways, and/or merchant accounts hold My Metal Supply accountable for taking action to prevent and remedy transaction-related objections, chargebacks, and/or disputes which originate from the cardholder and/or Customer. Thus, My Metal Supply shall be responsible for regularly evaluating the implementation of practical solutions and/or measures to mitigate against risk, strengthen security protocols, and detect / prevent fraudulent behavior by the Customer.
6. Title. Except as provided herein, title and risk of loss shall pass from My Metal Supply Products to the Customer immediately upon the start of shipment / dispatch (FOB origin). My Metal Supply Software: (1) is owned or licensed by My Metal Supply; (2) is proprietary to My Metal Supply and its licensors; and (3) constitutes trade secrets and intellectual property of My Metal Supply and its licensors. All trade secrets and intellectual property are fully protected by this Agreement and/or future agreements.
7. Delivery. My Metal Supply will use commercially reasonable effort to ship and fulfill products in a timely manner. My Metal Supply may suspend and/or cancel performance of open Orders or My Metal Supply Services if the Customer fails to make payments when due. My Metal Supply has the right to suspend, cancel, reject, refund Orders, and/or withhold shipments if any possibility of customer fraud is suspected or detected (whether proven or not).
   
8. Services. My Metal Supply Services, if any, including without limitation, support services will be described in the applicable Supporting Materials and Statements of Work, which will cover the description of My Metal Supply’s offering(s), eligibility requirements, service limitations, support limitations, and Customer responsibilities. For specific information regarding the warranty, if applicable, and support of your purchase, Customer agrees to read and understand My Metal Supply's policies (including "Shipping & Support") before making a purchase with us.
9. Eligibility. My Metal Supply's service, support, and warranty commitments do not cover claims resulting from: (a) improper use (i.e. outside of intended use), environmental conditions, and/or non-compliance with applicable Supporting Material(s); (b) modifications not performed by My Metal Supply; (c) malware (e.g. virus, worm, software bug, etc.) not introduced by My Metal Supply; (d) issues stemming from abuse, negligence, accident, environmental damage (e.g. fire or water), electrical damage, transportation damage by Customer, and/or other causes beyond My Metal Supply’s control; (e) error by Customer in ordering the incorrect product and/or inputting the incorrect specifications.
10. Client Cooperation. My Metal Supply’s ability to deliver My Metal Supply Products and Services shall in-part depend on Customer’s reasonable and timely cooperation alongside the accuracy and completeness of any information (e.g. drawings, specifications, etc.) provided by Customer to My Metal Supply.
11. Product Performance. Most My Metal Supply Products are covered by My Metal Supply's limited warranty and support statements publicly made available on the My Metal Supply online store (located in "Warranty & Support" section at the bottom of web page). Please note All My Metal Supply orders are shipped FOB origin.
12. Services Performance. Services are performed using generally-recognized and accepted commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns for review by My Metal Supply. Issues acknowledged by My Metal Supply that fail to meet our standards will be promptly addressed.
13. Intellectual Property Rights. Except as provided herein, absolutely no transfer of intellectual property will take place upon the sale or license of any My Metal Supply Products, Software, and/or Services.
14. Trademarks. The My Metal Supply logo and slogan(s) are trademarks™ or registered® trademarks of My Metal Supply, LLC. All branding pertaining to My Metal Supply is considered intellectual property. Customers are strictly prohibited from using and/or misusing any trademarks, branding, and or trade secrets owned by My Metal Supply, LLC (including for any commercial purposes) without My Metal Supply's prior express written consent.
15. License Grant. My Metal Supply grants the Customer a non-exclusive license to use the version of software included (if any) in My Metal Supply Products, Software, and/or Services rendered. Permitted use is for intended use only (and not for resale or further commercialization outside the scope of building / construction). Customer agrees that it will also not copy, modify, reverse engineer, disassemble, decrypt, decompile, and/or make derivative works of any My Metal Supply Software licensed to Customer under this Agreement unless permitted by statute, in which case Customer will provide My Metal Supply with reasonably detailed information about those activities. Unless otherwise specified, any license granted is perpetual, provided however that if Customer fails to comply with the terms of this Agreement, My Metal Supply may immediately terminate the license upon written notice. Upon termination, Customer will either promptly destroy all copies of the software or return them to My Metal Supply in a timely manner.
16. Intellectual Property Rights Infringement. My Metal Supply will defend and/or settle any claims against Customer that allege that an My Metal Supply Product or Service as supplied under this Agreement infringes the intellectual property rights of a third-party. My Metal Supply’s obligations under this paragraph are conditioned upon Customer’s prompt notification of the claim and cooperation with our defense. My Metal Supply may modify the product or service so as to be non-infringing and materially equivalent, or may procure a license. If these options are not available, My Metal Supply will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount. My Metal Supply is not responsible for claims resulting from any unauthorized use of Envision Products or Services. This paragraph constitutes Customer’s sole remedy for a claim of intellectual property rights infringement.
17. Updates. My Metal Supply may make new software versions, releases, merge / commit code, or provide maintenance updates (“Updates”). Additional licenses or fees may apply for these Updates. Updates are subject to the license terms in effect at the time that My Metal Supply makes them available to Customer.
18. Legal Compliance. Customer will be fully responsible for complying with applicable laws and regulations and for obtaining any required export or import authorizations or building permits. My Metal Supply may cancel or suspend its performance under this Agreement to the extent permitted by laws applicable to either party.
19. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
    
20. Release of Liability & No Indemnity. My Metal Supply and its representatives are neither responsible nor liable in any form for any damages whatsoever (e.g. personal, financial, legal, business interruption, injury-related, death-related, etc.) as a result of the use or misuse of products, goods, and services sold by My Metal Supply. My Metal Supply shall not indemnify its customers or their own users / customers. My Metal Supply is hereby fully released from all such liabilities.
21. Termination. Either party may terminate this Agreement on written notice only if the other fails to meet any material obligation and fails to remedy the breach within a reasonable period after being notified in writing of the details. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may provide proof and terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
22. Shipping, Exchanges, & Returns. For all information regarding shipping, exchanges, and/or returns, Customer agrees to read and understand My Metal Supply's "Shipping & Support" policy.
23. General. This Agreement ("Terms of Sale & Service"), along with My Metal Supply’s Non-Disclosure and Non-Compete Agreement and other documents referenced herein, represent our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement may be made by My Metal Supply from time to time. The Agreement will be governed by the laws of the state of Georgia in the USA, without regard to conflicts of laws provisions, and the courts of that locale will have jurisdiction. Customer and My Metal Supply agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. This Agreement shall be binding on each party’s successors and assigns.