About Us: Terms and Conditions

CMS Terms & Conditions

Payment Terms and Taxes.
Terms of payment are listed on invoice and start the date of invoice. Prices quoted do not include any state or local property, sales, use or privilege taxes, or any export or import duties or taxes or the like. Buyer agrees to pay or reimburse any such taxes and duties required to be paid in respect of this transaction.

Prepaid Freight Terms.
Freight can be prepaid at certain minimums. Prepaid Freight is defined as freight to customer’s door. Prepaid freight does not include “extra charges” such as delivery appointments, sort and segregate, lift gate, remote area, residential delivery, Metropolitan NY, hospital/prison/jail/casino, or any other accessorial expenses as well as fuel surcharges.

Loss or Damage.
If you receive damaged goods or product shortage, please notify CMS within 24 hours and sign the Bill of Lading as damaged or shortage with the freight carrier. This is required in order to receive credit from CMS.

Cancellation of Orders.
Buyer may cancel any order for convenience on the following terms: Standard product: Buyer may cancel or reschedule without penalty if the cancellation is more than (30) days before the shipping date: cancellations within (30) days of shipping date must be approved in writing by CMS and may be subject to special charges. Custom product: Buyer may cancel or reschedule more than (90) days before the shipping date, except that Buyer shall accept delivery of all products which are complete at time of cancellation or rescheduling. Those nonstandard products which are in the work-in-progress inventory at time of cancellation or rescheduling, shall be paid for by Buyer at a price equal to the completed percentage of the product multiplied by the price of the finished product.

Lead times.
Lead times will be acknowledged upon receipt of order.

Minimum Order.
A minimum order of $100 is required. Orders under $100 are subject to a $25 processing fee.

Returns.
Requests to return standard product must be preapproved by the factory. Credits are subject to a 25% restocking charge plus freight. Custom product is not returnable.

Warranties.
Seller warrants that the goods shall meet the weight, dimension and composition specifications currently published by Seller at the time of shipment. No other words or actions shall constitute a warranty by Seller unless contained in a writing signed by Seller and referenced on the face hereof. THERE ARE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY OR FITNESS OF PURPOSE WITH RESPECT TO ANY GOODS SOLD HEREUNDER.

Limitation of Liability.
Seller shall at its election and expense repair or replace any goods or any part thereof which does not comply with one or more of the foregoing warranties, provided that such goods have not been damaged through Buyer’s fault. In no event shall Seller’s liability exceed the purchase price for the goods. Seller shall under no circumstances be liable to Buyer for consequential, incidental, special or indirect damages arising out of this transaction or the use or misuse of the goods or any part thereof, whether based upon breach of warranty, contract, negligence or other tort. The remedies of Buyer arising out of this transaction or with respect to the goods covered hereby shall be limited to those contained in these terms and conditions of sale exclusively and in lieu of any and all other remedies, whether based upon breach of warranty, contract, negligence or other tort. Buyer waives all remedies unless claim is made within six months after shipment.