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Placing an Order: 

Due to the technical nature of our products, American GMG Inc requires that all orders be placed in writing. This allows the customers to provide us with the right metal products and purities to eliminate any mistakes or misunderstandings. In cases where we have generated a written quote based on customers’ request, we can begin the order process after receiving a purchase order number with the appropriate quote reference. However, we still require a written purchase order. Please fax written purchase orders for faster processing to: 

American GMG Inc.
29430 Union City Blvd.
Union City, CA 94587
Tel:     510-675-9793
Fax:    510-803-5066
Email:  sales@american-gmg.com
            
Order Confirmation:
 
All purchasing orders will be confirmed with a signature from our sales management. We will make every effort to provide the products you need on the day you need them. In case that your order will be delayed beyond the original planned shipping date, a representative will contact you in advance and inform you of our revised shipping date.

Terms of Sales:

Our minimum order is $1000.00 except sample orders (in some cases, this min order might be waved). The payment terms are to be determined by the Credit Dept based on the credit worthiness of each individual company. We typically have our customers to provide us their UPS or FedEx shipping accounts; or we prepay and add shipping and insurance charges to the customer.
 
All sales are made F.O.B. (Free on Board) unless other arrangements have been made in writing in our quotation or your PO. We have the rights to use carriers or shipping companies at our discretion. Shipping insurance is added to your invoice based on the value of the product. If products are shipped to FOB buyer’s plant, the seller is not responsible for goods lost or damaged in transit and consequently buyer should notify the carrier in writing of such immediately.

Please also note that the following Terms of Sales:

The seller shall not be liable for any failure to perform or for any delay in the delivery or shipment of products, or for any damage suffered by the buyer for the following reasons; earthquakes, fires, floods, acts of God, accidents, riots, war, government interferences, strike, shortages of labor or materials, inadequate transportation facilities or any other causes beyond seller's control.

Date of shipment is based on seller's best judgment and is subject to conditions beyond its reasonable control; any such shipment date cannot be guaranteed.

Purchasing Order cancellations shall be made by mutual agreement in writing based on any adjustment necessary to cover seller's labor expended and material procured, processed or partly processed.

Metal purity or grade and specification changes made after placing the order by the buyer are subject to price revisions and to any adjustment necessary to cover material procured and processed and any labor expended prior to receipt of revised specifications.

We reserve the right to revise any price quoted without notice to buyer, at any time prior to acceptance of buyer's order, provided that all such original or revised prices shall not exceed the maximum prices permitted under applicable government regulations in California, if any. 

Products are sold to accepted industry with manufacturing variations or tolerances, except where otherwise agreed to by both parties.  In addition to any other legal remedy, if buyer fails to fulfill the terms of payments, seller may defer further shipments or may at its option cancel the unshipped balance. Seller reserves the right to make any shipments until the buyer provides the due payments to fulfill the buyer's obligations.

All sales contracts become effective only when the buyer's Purchasing Order, Specifications and Terms of Payment are approved and accepted in writing by the seller. The products will be shipped as indicated on seller's acknowledgment copy of buyers’ order. 

All sales are final. 20% restocking fee is charged on all returned materials without authorization. $35 charge for each returned check. 1.5% interest charge per month, which is an ANNUAL PERCENTAGE RATE OF 18% on all overdue bills. Customer agrees to pay all collection expense, including but not limited to attorney’s fee and court expense.

Complaints:

Buyer shall lodge his quantitative claims against Seller by producing every piece of documentary evidence thereof promptly in writing, but not later than 5 (fifth) days from the goods arrival at Buyer’s address or Buyer’s designated destination.

If the goods are short shipped or received by Buyer in damaged condition, Buyer shall have to arrange for drawing up of the relevant survey reports necessary for enforcing his claim against the Carrier/Forwarder and if it is the Buyer who is entitled to claim damages from the Carrier, he shall do so without delay.

Buyer may submit claims against possible quality defects or possible wrong metal product promptly in writing, but within 10 (ten) working days from the date of taking over the goods by Buyer. Otherwise Buyer forfeits his rights for complaining.

In case of quality defects, it is in Seller's option to either repair the fault or to replace the goods, or both parties may agree on price allowance as well.

If a claim is lodged against a consignment, either wholly or partially, it shall not entitle Buyer either to refuse taking delivery of the whole consignment or a part thereof, or to reject payment. Buyer shall keep the goods subject to complaint on stock until the claim is justified while the material shall be properly handled and stored, protected from all kinds of damages and preserved in its original condition. And upon Seller's request, Buyer will allow Seller access to the goods; otherwise Buyer shall forfeit all rights for claiming. Seller shall be entitled to investigate on the spot to decide whether the claim is just.

If the Buyer fails to take over the quantity of goods indicated in the delivery schedule, Buyer shall pay penalty to Seller, the amount of which shall be 20 % of the selling price of the quantity not taken over by Buyer.

If the Parties hereto are unable to come to a joint understanding on the dispute about quality of the goods, an international neutral quality control organization (Northern California) will be appointed. Its expertise shall be exclusively decisive, whereas the costs deriving from such expertise shall be borne by the losing Party.

Disputes and Arbitration:

Seller and Buyer are committed to make their best efforts to resolve amicably any dispute arising from any disputes. However, in case the parties cannot settle their dispute amicably, it shall be settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the Chamber of Commerce in USA and such arbitration shall be held in Alameda County, California.

In any arbitration pursuant to this Section, the award shall be rendered by a majority of the members of a board of arbitrators consisting of three members, one of whom shall be appointed by each party and the third of whom shall be appointed under the Rules of the Chamber of Commerce, USA.

The decision rendered by the board of arbitrators shall be final and binding and shall be enforceable by any court possessing competent jurisdiction over the Party against which enforcement of such decision is sought.

Governing Law and Venue:
 
All disputes, in case to resolve it in court, will be governed by the laws of the State of California, and the buyers agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Alameda County, California.

Force Majeure:

Neither Party shall bear responsibility for non-fulfillment of any of its respective obligations provided that non-fulfillment is due to circumstances such as flood, fire, earthquake, and other acts of God, strike, war, military operations or embargoes on exports imposed by government authorities emerging after the conclusion of the Contract.

Should any of the above listed circumstances affect directly the execution of the obligations stipulated by the Contract, the time terms specified by this Contract shall be extended for the period equal to the duration of the respective circumstance. The Party, which encounters the circumstance preventing the fulfillment of its obligations, shall immediately advise its counterpart in written form as regards the cause, possible duration and cessation of the circumstances listed above, but no later than 10 days after the commencement or cessation thereof. 

Special Requests:

Although our Product Catalog lists and describes many general raw materials, it represents only the standard material and specifications which American GMG Inc. produces or distributes. If you need a product that is not listed in this catalog, or additional services, please contact our sales team:

American GMG Inc.
29430 Union City Blvd.
Union City, CA 94587
Tel:     510-675-9793
Fax:    510-803-5066
Email: sales@american-gmg.com