General Terms and Conditions

ALBERKO, INC. will assume that the following terms and conditions are deemed acceptable and will process all orders placed accordingly unless stated otherwise in writing on the purchase order.

• Pricing: Due to fluctuations in the metal market, all prices indicated on any quotation are subject to change without advance notice prior to receipt of a firm purchase order.

• Tax: Unless otherwise stated on any quotation, all purchase prices are exclusive of any applicable excise, sales, use or other taxes or import, export or customs fees or duties, or surcharges which may be imposed on the sale or delivery of the products. All such taxes, and charges, when applicable will be charged to, and are payable by CUSTOMER. CUSTOMER shall provide evidence of exemption and have compliance documents on file with ALBERKO, if applicable.

• Payments: Standard payment terms are advance payment for all orders. Accepted methods of Payment are company check, wire transfer, credit card and PayPal. Orders that require product modification / fabrication / customization, custom die tooling service orders, custom extrusion orders are not processed prior receipt of payment. Where ALBERKO has extended credit to CUSTOMER, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. On any past due invoice, ALBERKO may impose interest at the rate of one and a half percent [1.5%] per month. If CUSTOMER fails to make each payment when it is due, ALBERKO reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which ALBERKO has extended credit to CUSTOMER. In the event of default by CUSTOMER, ALBERKO shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

• Warranty: Our Products are sold without warranty. CUSTOMER acknowledges and agrees that as an aluminum service business, ALBERKO does not have full control of all aluminum manufacturing processes and that all products shall be subject to tolerances and variations consistent with usages of the trade and published industry standards concerning dimension, weight, straightness, section, composition and mechanical properties, normal variations in surface, internal conditions and quality, deviations from tolerances and variations consistent with practical testing and inspection methods, and regular mill practices concerning over and under shipments. It is CUSTOMER’s responsibility to determine whether the Purchase order specification is adequate for its intended use. THERE ARE NO WARRANTIES AND ALBERKO, INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 

• Returns: CUSTOMER have the responsibility to inspect all products upon (30) days from delivery. In the event any product is defected, CUSTOMER may return the defective product to ALBERKO at ALBERKO’s discretion. Should CUSTOMER have a claim for damages for non-conformance or otherwise, CUSTOMER shall not return, repair, or replace the product without first obtaining written consent from ALBERKO. CUSTOMER’s sole and exclusive remedy for the non-conformance of any product shall be, at ALBERKO’s election, (i) ALBERKO repairs or corrects the non-conformance or defect (ii) ALBERKO furnishes CUSTOMER, without charge and FOB the CUSTOMER’s facility, with a replacement for the non-conforming or defective product, or (iii) ALBERKO reimburses CUSTOMER for the purchase price of the non-conforming product. IN NO EVENT SHALL ALBERKO, INC. BE LIABLE FOR ANY OTHER DAMAGES OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES. ALBERKO, INC. SHALL NOT BE LIABLE FOR DEFECTS CAUSED BY ABUSE OR MISUSE OF ITS PRODUCTS. FAILURE TO SUBMIT A CLAIM WITHIN 90 DAYS OF THE DELIVERY OF THE PRODUCTS SHALL BE CONCLUSIVE PROOF THAT THE PRODUCTS ARE AS REQUESTED AND SHALL RELEASE ALBERKO, INC. FROM ANY AND ALL LIABILITY WITH RESPECT THERETO.

• Limitation of Liability: EXCEPT FOR ALBERKO, INC.’S DIRECT COSTS IN REPAIRING, CORRECTING OR REPLACING ANY NON-CONFORMING PRODUCTS, ALBERKO, INC. SHALL NOT BE LIABLE FOR ANY OTHER EXPENSE CONNECTED WITH THE REPAIR, CORRECTION OR REPLACEMENT OF ANY PRODUCTS. WITH RESPECT TO ANY CLAIM, IN NO EVENT SHALL ALBERKO, INC. BE LIABLE TO CUSTOMER FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE ACTUAL PRICE PAID TO ALBERKO, INC.. ALBERKO, INC. SHALL HAVE NO LIABILITY TO CUSTOMER FOR LOST PROFITS, LOSS OF PRODUCT, LOSS OF USE OF EQUIPMENT, INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF DOWNTIME, LOST OPPORTUNITIES, FAILURE TO DETECT ANY FLAW IN THE SUBJECT MATTER OF A TEST, CLAIMS OF CUSTOMER’S CUSTOMERS OR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHETHER ARISING IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS, LOSS OF PRODUCT, INTERRUPTION OF BUSINESS, LOSS OF OPPORTUNITIES, OR ANY OTHER DAMAGES.

• Secrecy, reservation of title: All parts and documents received from the CUSTOMER remain the CUSTOMER's property. ALBERKO, without the written consent of the CUSTOMER, shall use these parts and documents and/or give them to third party suppliers/manufacturers or make them accessible to them for purposes including but not limited to making modifications, preparing quotations and for manufacturing processes. After the fulfilment of product concerned, ALBERKO shall return them immediately to the CUSTOMER at its expense.

• Website: In regard to the content provided through this website, ALBERKO will make every attempt possible to provide the latest and most accurate information at all times. However, ALBERKO does not guarantee the accuracy, security, or applicability of the website content in any way. ALBERKO reserves the right to change and/or delete the structure, URL, and/or content of this website at any time with no prior notice. The operation of this website may also be suspended or stopped at any time without prior notice. ALBERKO shall not be liable for any damages due to change, deletion, and/or suspension of this web site. ALBERKO shall not be liable for any damages arising out of access, use of, or the inability to use this website and/or content.