Effective July 6th, 2026
These Terms and Conditions of Sale apply to all quotations, offers, orders, and sales of products by Merit Brass Company. Placing an order constitutes acceptance of these Terms.
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These Terms and Conditions of Sale ("Terms") apply to all quotations, offers, orders, and sales of products by Merit Brass Company ("Seller") to any buyer ("Buyer"). Buyer's placement of an order constitutes acceptance of these Terms. These Terms supersede and take precedence over any additional or conflicting terms in Buyer's purchase order or other documents, all of which are hereby rejected and shall have no force or effect. No modification, amendment, or waiver of these Terms shall be binding unless agreed to in writing and signed by an authorized representative of Seller. All orders are subject to acceptance by Seller and Seller reserves the right to refuse or cancel any order in its sole discretion.
Net 30 days for all products. Invoices dated the 25th through the end of the month will be considered the 1st of the following month. Payment must be postmarked or transmitted no later than the 10th to be eligible for the cash discount. Any payment not received when due shall bear interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, calculated from the due date until paid in full. Seller reserves the right to suspend shipments, revoke credit terms, or require payment in advance if Buyer's account becomes past due or if Seller, in its sole discretion, deems itself insecure regarding Buyer's ability to pay. Buyer shall reimburse Seller for all costs of collection, including reasonable attorneys' fees, court costs, and collection agency fees incurred in collecting amounts due.
F.O.B. Shipping Point. Title to and risk of loss for all products shall pass to Buyer upon delivery to the carrier at Seller's shipping point. Buyer shall be responsible for filing any claims with the carrier for damage or loss occurring during transit. We prepay and allow freight to destinations using our preferred carriers, which may vary at Seller's discretion, within the continental United States (meaning the 48 contiguous states, excluding Alaska, Hawaii, and U.S. territories) under the following criteria:
| Order Type | Freight-Allowed Threshold (Net) |
|---|---|
| Any Merit product excluding 12 foot or longer lengths of pipe or tubing | $2,500 Net |
| Merit products that include pipe or tubing in 12 foot or longer lengths (the order must be comprised of a minimum of 50% of the products being pipe and/or tubing) | $12,500 Net |
We reserve the right to charge the difference between our preferred carrier cost for shipment, and the customer requested carrier for full freight allowed orders. Orders that include pipe and tubing may be subject to geographical restrictions and/or additional fees in accordance with our LTL pipe and Flatbed Policies.
Flatbed services are available for certain qualified areas. Standard pipe freight allowances apply. We reserve the right to charge an LTL rate and/or drop fee for orders below the standard pipe allowance and outside the flatbed service areas.
Inventory subject to availability at time of order. Additional freight charges may apply. Please note for Merit to ship on a flatbed, there are fees that Merit will charge when an LTL carrier prohibition exists; and the order contains pipe or tubing. Pipe shipments below freight allowance on LTL carriers that accept pipe, will all be invoiced FOB shipping point or freight collect. Please note that any PIPE shipments requiring use of YRC policy changes. These types of charges may become applicable to other carriers in addition to YRC if their pipe handling policies change.
Orders are subject to a $2.00 per package carton charge. Any charge backs from any parcel carrier as result of an invalid collect carrier number will be added to your account in the form of a debit memo.
No order for merchandise will be rendered for less than a minimum charge of $100.00 Net (including Will Calls) excluding transportation charges. Orders accepted by Seller may not be cancelled, modified, or deferred by Buyer except with Seller's prior written consent. If Seller consents to cancellation, Buyer shall be liable for all costs incurred by Seller in connection with the order, including but not limited to restocking charges of not less than 25% of the order value. This cancellation restocking charge is separate from and applies in addition to or in lieu of (as applicable), the return restocking fee set forth in the Returned Goods section below.
Prices are subject to change without notice prior to order acceptance. Seller reserves the right to adjust prices, multipliers, surcharges, freight charges, and other pricing components due to changes in raw material costs, transportation costs, tariffs, duties, governmental actions, currency fluctuations, market conditions, or other factors beyond Seller's reasonable control.
Prices do not include sales, use, excise, value-added, gross receipts, or similar taxes. Buyer shall be responsible for all such taxes unless Buyer provides a valid exemption certificate acceptable to Seller. Current list pricing is available on our price sheets.
Seller reserves the right to adjust pricing, impose surcharges, or modify quotations at any time to reflect increases in tariffs, duties, import fees, governmental assessments, trade restrictions, or similar costs imposed or modified after the date of quotation or order acceptance. Such adjustments shall become effective immediately upon notice to Buyer.
Seller reserves the right to allocate available inventory among customers in its sole discretion during periods of product shortage, supply disruption, force majeure events, or other extraordinary market conditions. Seller reserves the right to reject, limit, reduce, or cancel any order that exceeds Buyer's historical purchasing patterns or that Seller reasonably believes is intended for inventory stockpiling, speculative purchasing, or other extraordinary demand. Seller shall not be liable for any damages arising from allocation decisions, inability to fulfill backorders, or refusal of orders for quantities exceeding historical buying patterns.
We strive for 100% accuracy on list and discount quotations; however, the list prices in our catalogs are to prevail at all times. We, therefore, reserve the right to correct any errors resulting from such quotations.
We reserve the right to change quantities to standard packaging on staple items.
All claims for shortages MUST BE SUBMITTED IN WRITING within 30 days of invoice.
Absolutely no material may be returned without an express written permission and return authorization number. Only material purchased within 12 months of the RMA request will be considered for return. Any material authorized to be returned must be packed and tagged for ease of return and will be subject to a restocking fee not less than 25% in addition to any potential shipping costs. Material must be of Merit origin, new, clean, in re-saleable condition and part of our active product line.
Once an RMA number is issued, the authorized return must be received by Seller within 45 days of the RMA issuance date; RMA numbers not used within that period will expire. RMA numbers must be clearly visible on the outside of all returned packaging. When shipping back the return, the shipping carrier must mirror the return's initial mode of delivery & carrier delivery terms (prepay & add, collect, or Merit pays). Any charge backs from any parcel carrier as a result of an invalid collect carrier number will be deducted from your return credit.
Seller warrants to the original Buyer that, at the time of shipment, the products will conform in all material respects to Seller's published specifications and will be free from defects in material and workmanship under normal use, handling, storage, and installation. This Limited Warranty extends for a period of one (1) year from the date of shipment by Seller (the "Warranty Period"), except as expressly provided in a Product-Specific Warranty below. This Limited Warranty does not apply to any product that has been modified, altered, improperly installed or stored, mishandled, or subjected to misuse, abuse, neglect, accident, or use contrary to Seller's, the manufacturer's, or applicable code requirements; or to any failure, damage, loss, or claim arising out of or relating to the design, engineering, specification, sizing, selection, compatibility, installation, operation, or application of the Products or any system into which the Products are incorporated by Buyer or any third party, including without limitation architects, engineers, contractors, installers, or design professionals. Buyer is solely responsible for determining the suitability of the Products for Buyer's intended application and for the design, engineering, and performance of any system in which the Products are used.
Certain products are covered by a separate, written product-specific warranty that provides a longer warranty period or additional or different coverage (each, a "Product-Specific Warranty"), including without limitation MeritPress™ press fittings and systems, and the product lines identified in Seller's published warranty schedules and product literature today or anytime in the future. Where a Product-Specific Warranty applies, it governs and controls as to the warranty period and scope of coverage for that product to the extent it differs from or exceeds this Limited Warranty, but solely as to the specific products it covers. In all other respects, including the claim and notice procedure, exclusive remedy, disclaimer of implied warranties, and limitation of liability set forth in these Terms, these Terms continue to apply to all products except to the extent expressly modified by the applicable Product-Specific Warranty. In the event of a direct conflict, the Product-Specific Warranty controls for the covered product; otherwise, these Terms control.
To make a warranty claim, Buyer must submit written notice to Seller via Seller's online claims form within thirty (30) days after Buyer discovers or reasonably should have discovered the alleged defect, and in no event after expiration of the applicable Warranty Period (or, for products covered by a Product-Specific Warranty, the period stated therein). Seller's sole obligation, and Buyer's sole and exclusive remedy, for any product Seller determines to be defective or nonconforming shall be, at Seller's option, replacement of the product (freight prepaid) or a credit in the amount of the purchase price paid for the affected product, issued upon Seller's receipt and confirmation of the returned product. This remedy is exclusive notwithstanding any failure of its essential purpose.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL SUCH IMPLIED WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. SELLER SHALL NOT BE RESPONSIBLE FOR ANY LABOR, REMOVAL, INSTALLATION, DELAY, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO EVENT SHALL SELLER'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO ANY SALE EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
The following terms apply to all products designated by Seller as Indent, Special Order, Mill Order, Factory Order, or Non-Stock Products ("Indent Products").
All orders for Indent Products are firm, final, and non-cancelable upon Seller's acceptance. Buyer acknowledges that Indent Products are procured, manufactured, or imported specifically to satisfy Buyer's order and cannot be canceled, modified, or reduced without Seller's prior written consent. Any approved cancellation shall be subject to all costs, charges, and liabilities incurred by Seller, including, but not limited to, supplier cancellation charges, production costs, freight, duties, tariffs, storage charges, administrative expenses, and any loss incurred upon resale. Any exception permitting cancellation or modification of an Indent Product order must be expressly approved in writing by an authorized employee of Merit Brass Company holding the title of Vice President or higher. Absent such written approval, all Indent Product orders shall remain firm, final, and non-cancelable.
Indent Products are non-returnable and shall not be accepted for return or credit except in the event of Seller's prior written determination that the products are defective in material or workmanship and covered under Seller's applicable warranty. No return, credit, exchange, or other exception shall be authorized unless approved in advance in writing by an authorized employee of Merit Brass Company holding the title of Vice President or higher.
Buyer is solely responsible for the quantities ordered. Seller assumes no responsibility for excess inventory, changes in Buyer demand, project delays, project cancellations, specification changes, or any other circumstance affecting Buyer's need for the products.
Quoted pricing is based upon supplier costs, freight, duties, tariffs, currency exchange rates, and other market conditions existing at the time of quotation. Unless otherwise expressly stated in writing, Seller reserves the right to adjust pricing prior to shipment to reflect increases in any of these costs occurring after order acceptance.
Delivery dates are estimates only and are subject to supplier production schedules, ocean freight availability, customs clearance, port congestion, transportation delays, governmental actions, force majeure events, and other circumstances beyond Seller's reasonable control. Seller shall not be liable for delays in delivery.
Seller reserves the right to make partial shipments and invoice each shipment separately unless otherwise agreed to in writing.
Buyer shall inspect all shipments immediately upon receipt. Claims for shortages, shipping damage, or visible defects must be made in writing within five (5) business days of delivery. This inspection and notice period supersedes any other claim period in these Terms with respect to Indent Products. Failure to provide timely notice constitutes acceptance of the shipment.
Standard payment terms apply unless otherwise agreed to in writing. Buyer shall remain responsible for payment of all Indent Products regardless of project delays, cancellations, financing issues, or changes in Buyer's requirements.
These Indent Terms & Conditions shall govern notwithstanding any conflicting or additional terms contained in Buyer's purchase order or other documents, all of which are expressly rejected unless specifically accepted in writing by an authorized representative of Seller.
The foregoing Indent Terms & Conditions are mandatory and shall apply to all Indent, Special Order, Mill Order, Factory Order, and Non-Stock Products. No exception, modification, waiver, cancellation, return authorization, price adjustment, or deviation from these Terms & Conditions shall be valid unless expressly set forth in a written agreement signed by an authorized employee of Merit Brass Company holding the title of Vice President or higher. No oral statements, course of dealing, prior practices, purchase orders, emails, or representations by any other employee, sales representative, independent manufacturer's representative, distributor, or agent shall modify or waive these Terms & Conditions or otherwise bind Seller.
Seller shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic or pandemic, war, terrorism, labor disputes, strikes, shortages of materials or supplies, transportation delays, government orders or restrictions, trade embargoes, sanctions, or any other event beyond Seller's reasonable control. In the event of such delay, Seller's time for performance shall be extended for a period equal to the duration of the delay.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Seller to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any order acknowledgment issued by Seller and any applicable Product-Specific Warranty, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings of the parties, whether oral or written, relating to such subject matter. No course of dealing, usage of trade, or course of performance shall be used to modify, supplement, or explain any provision of these Terms.
Buyer may not assign any rights or obligations under these Terms without Seller's prior written consent. Seller may assign these Terms or any rights hereunder without Buyer's consent.
Buyer shall indemnify, defend, and hold harmless Seller and its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Buyer's use, resale, or distribution of the products, or Buyer's breach of these Terms.
These Terms and Conditions and any sale hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any action or proceeding arising out of or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and each party irrevocably consents to the jurisdiction of such courts.
Electronic signatures, electronic purchase orders, electronic communications, and electronic records shall be deemed originals and shall be enforceable to the fullest extent permitted by law.
MERIT BRASS CO, P.O. Box 7411016, Chicago, IL 60674-1016
Invoices are available via email. For more information, please contact us.
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