Conditions of Sales

1. New Account Requirements

When applying for the right to sell our product and to become an approved distributor, a minimum stocking order of $1000.00 may be required as part of our partnering commitment.

2. Ordering

All items should be ordered by part number and placed through your local Superior distributor, they stock many of our products for your convenience. Call us for the one nearest you.

An order shall be deemed to have been accepted when it has been confirmed by us in writing or when it is supplied. The times of delivery indicated in our order confirmation shall be deemed to have been agreed upon as approximate delivery times. They shall be deemed to have been complied with, if the goods were dispatched within the period agreed upon or if – within said period – the buyer was advised that the goods are ready for shipment. The time of delivery shall be reasonably extended – also when a delay in delivery has occurred – in case of unforeseen and inevitable events that we were unable to avert in spite of exercising reasonable care, such as a shortage of raw materials, an interruption of operations, the effects of labor disputes or the like. If, through any of the aforementioned circumstances, delivery or performance becomes impossible, we shall thus be exempt from our obligation to deliver.

In any case where products of a special manufacture are ordered, it is the responsibility of the buyer to ensure that any drawings or samples do not infringe the legal patents or protection rights of a third party. We are not obliged to check for such legal rights. Where there is a liability of the supplier, it is the responsibility of the buyer to indemnify himself against any such liability. If specialty manufactures are supplied, we reserve production-related and, if catalogue articles are supplied, we reserve packing-related reasonable deviations from the quantities ordered. Partial deliveries shall be permissible.

3. Minimum Order

Each order must be $50.00 Net Per Invoice to a single destination. Each item must be ordered in a full “Standard Package.”

4. Pricing

Prices listed in this catalog are suggested list prices and subject to change without notice, although every effort will be made to announce any changes 30 days in advance. Stenographic, clerical and other errors, should they occur, on special quotes or in this catalog are subject to correction. All agreements, which include sales, are contingent upon strikes, fires, accidents, delays of nature or other causes unavoidable beyond our control.

5. Terms of Payment

Standard net terms are 30 days. All invoices over 30 days will be considered delinquent, and all in-house orders will be placed on hold until balance of the account is brought below 31 days. Any account placed for collection will receive a finance charge of 1-1/2% per month (18% per year) to balances over 30 days, plus attorney fees and costs. To establish an open account, your firm must supply three industrial and one bank reference.

6. Freight

Superior Abrasives, LLC will prepay freight charges for one delivery to the customer on order values of $750.00 or more. All orders with a value less than $750.00, the cost of freight will be added to the distributor’s invoice. Each release from a blanket order must total $750 net or more to receive prepaid freight. Export shipments will be shipped freight collect. A separate charge may be made for customer’s special routing instructions. All orders are sold in Ohio and title passes to the buyer when your order leaves Superior’s factory. The buyer is solely responsible for their shipment. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you.

7. Add-On Policy

Due to the speed of our order entry, manufacturing process and rapid shipment of goods, we find it detrimental to our service to accept additions to existing orders.

8. Quantity Variance

Due to the nature of manufacturing, Superior reserves the right to over-ship or under-ship the quantity ordered by 10%.

9. Returned Goods Policy

We will not accept the return of merchandise without our “RETURN AUTHORIZATION NUMBER” clearly marked on all boxes. When a R/A number is issued by our Customer Service Department, they will send all information to you. The merchandise must be returned to Superior within 30 days from the date the R/A number was issued. After 30 days, R/A numbers are automatically canceled in house and the request will become null and void. All credits must be taken within six months or they will be disallowed. Superior reserves the right to accept returns in quantities relative to our established stocking levels. Freight is to be prepaid and a $15.00 or 15% (whichever is greater) restocking and handling charge will apply unless “Superior” is at fault. Many of our items fall into a “non-stock” or “special order” category; items in this group are not returnable. In any case no merchandise may be returned after six months from date of shipment from our factory. All claims of shortages must be made within 10 days after receipt of goods.

All goods supplied shall remain our property until all our claims, in particular any remaining claims against the buyer, are met (paid) in full. This shall apply even if payment of specially designated claims is made. The orderer shall be entitled to resell the goods supplied by us within the normal course of business; but shall assign to us all claims up to the amount of the final invoice amount (including value-added tax) that will accrue to him from the resale to his buyers or third parties. We agree to release upon the buyer’s request the securities due to us to such an extent that the value of our securities exceeds the claims to be secured by more than twenty (20) percent; we shall be entitled to select the securities to be released. If the orderer suspends his payments, we shall be entitled to take back the goods against issuing a credit note. The buyer shall be obliged to surrender the goods. If we exercise our reservations of ownership, this shall not mean that we withdraw from the contract. Moreover, we shall be entitled to withdraw from the fulfillment of further existing delivery obligations.

10. Limited Warranty

Superior Abrasives, LLC. warrants that its products shall be free from defects in material and workmanship under normal and ordinary usage when owned by the original purchaser for a period of six months from the date such products are shipped from Superior’s factory. Any claim for breach of Warranty must be brought within 30 days after customer’s receipt of the product and customer must cease use of the product pending Superior’s substantiation of any warranty claim. In the event a product defect shall occur, Superior shall, at its option, repair or replace the defective product(s) or, upon return of such product(s), cancel the transaction and refund to customer any amount previously paid therefor.

THIS WARRANTY EXPRESSLY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPERIOR ABRASIVES, LLC.’S EXCLUSIVE DUTIES TO PURCHASERS OF ITS PRODUCTS WILL BE AS HEREINABOVE PROVIDED. CUSTOMERS SHALL HAVE NO CLAIM AGAINST SUPERIOR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

11. Safety Warning

Coated, bonded and non-woven abrasives are dangerous if used improperly. Please comply with all safety regulations set by the AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) Z87.1, also by OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA); covering eye face and body protection, wheel and discs speeds safety guards, flanges, mounting and operating procedures.