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RIGHTS, TERMS AND CONDITIONS ON USE OF WEBSITE

All of the materials on the website, including without limitation all editorial materials, informational text, photographs, illustrations, artwork, graphics, layout, names, logos, trademarks and service marks are the property of or the Legal Company i.e. or its India Delivery Partner (Factory)  orits affiliates and licensors and are protected by copyright, trademark and intellectual property laws of the United States, India and other countries. Any reproduction, retransmission, distribution, rebroadcast, and framing or other use on any other website or networked computer is prohibited.

DISCLAIMERS

While uses reasonable efforts to provide accurate and up-to-date information on this website, iTungsten.com makes no warranty or representation as to its accuracy and assumes no duty to update the information.

Use of this website is at the risk of the user. assumes no responsibility or liability for damages caused by viruses or otherwise to computer equipment or software resulting from accessing this website from the Internet.

 or the legal company AND ITS AFFILIATES or its India Delivery Partner (Factory) SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL ATI OR ITS AFFILIATES BE LIABLE FOR DAMAGES, INCLUDING SPECIAL, INCIDENTIAL, INDIRECT, CONSEQUENTIAL, LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH USE OR PERFORMANCE OF THESE WEBSITE MATERIALS.

As a service, this site provides links to a variety of other Internet resources. However,  does not intend that such links be referrals, or endorsements of, the linked entities or of the information available on those links. will remove any link from the site upon request from the linked entity. This site is not sponsored or associated with any particular linked entity, unless so stated, and only to such extent.

DEFINED TERMS

Unless repugnant to the subject or context, the words appearing herein below shall have the meanings as set forth below:

"" shall mean this including or and shall include the User application form duly completed, its attachment(s) and the terms and conditions stated herein and includes the documents incorporated by reference including the Illegal/Prohibited Content, Disclaimer, Warning against Fraud, Contract Form/Bill terms and conditions and such other documents that Company may in its absolute discretion add to the Site from time to time. It shall be deemed to have been executed at New Jersey, USA.

"Company" means Bonsai America, Inc., and having its registered office at 20 Second Street, Suite 1803, Jersey City, USA 07302 along with its unit for the Company's website called and where the context so requires, means and includes all Bonsai America, Inc. officers, directors, employees and subsidiary, associate and affiliate entities, and/or business entities with whom Bonsai America, Inc. enters into a partnership or strategic or financial alliance.

"Site" means and includes any link which opens with the Site i.e. and and unless repugnant to the subject and context thereof includes other websites operated by the Company.

"User" is defined as a person whether legal or juristic, or anybody corporate who makes use of the Site in any manner and includes all individuals and/or corporate members/subscribers who use the Services provided by the Site, whether or not for any payment.

GENERAL TERMS AND CONDITIONS OF SALE

SCOPE OF ACCEPTANCE: THE TERMS AND CONDITIONS HEREIN ARE THOSE OF Bonsai America, Inc. a.k.a. (THE SELLER), AND MAY IN SOME INSTANCES BE IN CONFLICT WITH OR IN ADDITION TO SOME OF THE TERMS AND CONDITIONS SPECIFIED BY THE BUYER. THEREFORE, ACCEPTANCE OF BUYER'S ORDER IS EXPRESSLY MADE CONDITIONAL ON BUYER'S ASSENT TO THESE TERMS AND CONDITIONS. THE BUYER'S ACCEPTANCE OF PRODUCTS DELIVERED HEREUNDER SHALL BE DEEMED TO BE AN UNQUALIFIED ASSENT TO THE PROVISIONS OF THESE TERMS AND CONDITIONS. SELLER'S FAILURE TO OBJECT TO PROVISIONS CONTAINED IN ANY COMMUNICATIONS FROM THE BUYER SHALL NOT CONSTITUTE A WAIVER OF THE PROVISIONS OF THE TERMS AND CONDITIONS HEREIN.

When we SELL (Tungsten Metal Powder) - Terms & Conditions

iTUNGSTEN Sales of Tungsten Powder - TERMS AND CONDITIONS

These are the conditions governing sales by a.k.a. Placing an order for shall constitute acceptance of these conditions of sale. iTungsten’s acceptance of the buyer’s order is expressly conditioned on the buyer’s assent to the terms and conditions stated herein. No addition to, waiver or modification of these terms and conditions shall be binding on iTungsten.com unless expressly agreed to in writing by , and such writing states that it supersedes these Terms and Conditions in that regard.

1. Payment

Domestic: Payment terms are net 30 days from the date of shipment with no cash discount or retention allowed. The payment terms set forth herein are subject to buyer maintaining a mutually acceptable credit arrangement with . Overdue payments will bear interest at the lesser rate of 1½% per month or the rate permitted by applicable law. reserves the right to withhold any or all shipments to the buyer if any amount owed by buyer to is more than 10 days past due. In the event of such a default, shall not be under any obligation to ship until all outstanding invoices are paid regardless of whether some of the outstanding invoices are not yet past due.

International: Payment terms are by an Irrevocable Letter of Credit (LOC) or cash in advance unless a line of credit has been established.

2. Price

The most current Price List supersedes all previous price lists. All prices expressed are F.O.B. factory and/or warehouse including standard packaging of material. reserves the right to adjust prices for current costs in effect at the time of shipment. Orders placed are subject to a minimum quantity or dollar amount.

3. Order Entry

A. Written Orders must be submitted to by the buyer. Orders shall be directed to the Customer Service Department or or for processing. reserves the right to consider an order complete when shipped up to 10% over or under the quantity ordered.

B. Verbal Orders cannot be accepted.

C. Cancellations:Orders for Tungsten Powder from may be cancelled by buyer no later than Four (4) weeks prior to shipment; however, may charge a restocking charge on cancelled orders of up to 40% plus any expenses that have been incurred in manufacturing.

D. Order Acknowledgments: The acknowledgement acts as buyer’s confirmation that is supplying the Tungsten Metal Powder ordered by the buyer. Any discrepancies from information confirmed in the acknowledgement will be buyer’s responsibility. It is the buyer’s responsibility to review order acknowledgment and to make certain that it is correct in all particulars, then sign and return it within seven (7) days of the publication date on the acknowledgment form. Unreturned acknowledgments will be considered by to be acceptable to buyer as printed, including, without limitation, the terms and conditions thereof. In the event of shortage of product, reserves the right to allocate goods among its customers as it sees fit.

E. Revisions, Additions, or Deletions to an Order must be in writing and will be accepted if confirmed by ’s management team. An order may be revised by the buyer up to Four (4) weeks prior to the acknowledged ship date. Revisions submitted within Four (4) weeks of the acknowledged ship date may result in the buyer’s order being rescheduled with the current production lead time for the products ordered. All revision requests will be addressed on an individual basis. Revisions will become valid when confirmed in writing by buyer.

F. TOLLING: Orders for processing chemicals, metals, fabricated parts, assemblies, or other items using Buyer supplied material are accepted subject to the delivery of the material at the time, in the amount and in dimensions as specified by Seller, FOB Seller factory. Buyer shall furnish satisfactory material, and if it is necessary for Seller to inspect, gauge or rework such material, it shall be at the Buyer's expense. Material so provided by Buyer shall be delivered FOB Seller factory in such quantities as will permit continuous operation. Production will be started only when in Seller's sole judgment sufficient material is in Seller's possession to warrant setting up equipment. Title and risk of loss to the Buyer-supplied material shall remain with the Buyer from date of delivery to Seller's factory until delivery of the processed goods to Buyer. Buyer shall provide such insurance and proof thereof as Seller may reasonably require. Buyer shall comply will all applicable laws, customs regulations, or shipping requirements that apply to Buyer-supplied material and shall indemnify, defend and hold Seller harmless from any liability, losses, damages, penalties or claims arising from the actual or alleged violation of such laws, regulations or shipping requirements.

4. Shipment and Acceptance

QUANTITIES: Purchase order requirements are subject to a variation of 10% over or under the quantity specified and performance will be considered complete on that basis. If price is stated in terms of unit quantity, the total contract price will be adjusted to conform to the quantity delivered. Seller assumes no further liability for variations.

will confirm an order’s ship date in writing prior to delivery of Tungsten Metal Powder. Buyer-initiated shipment delays beyond three (3) business days of the acknowledged ship date may result in buyer’s order being rescheduled with the current production lead time for the products ordered, buyer’s order being shipped by at buyer’s expense, or buyer’s order being stored at buyer’s expense. Buyer’s acceptance shall occur upon delivery, unless buyer advises in writing within (7) seven days from receipt of the products by buyer that the products do not conform to buyer’s specifications.

5. Delivery and Freight

Delivery to the carrier at point of shipment shall constitute delivery to the buyer and the buyer shall assume all risk for subsequent loss or damage. Shipments will be made “freight collect” or “bill 3rd party”, with instructions to the carrier to send freight bills to the buyer at its main office. The carrier will be instructed to notify buyer 24 hours prior to delivery, unless otherwise directed. cannot guarantee delivery by a common carrier on any specific date. Buyer is responsible for the validation of all freight rates. On international shipments, will notify the buyer of shipment from its plant and shall communicate the details of shipment as communicated by the carrier to .

6. Taxes

Buyer agrees to provide with its assigned tax exemption number, if applicable, and agrees to pay all applicable sales, use, excise, value added or other similar taxes arising from the sale by to buyer in addition to the purchase price.

7. Delays

will use commercially reasonable efforts to ship promptly, but will not be liable in any manner for delays or inability to ship for any reason.

8. Returns

No product returns will be accepted unless first approved in writing by . All returned products must be shipped freight prepaid because collect shipments will not be accepted. If the returned products are standard products in a first class condition, buyer will be re-credited at the invoice amount less a 30% restocking charge. Non-standard products may not be returned. If the returned products are not in a first class condition, then reserves the right to refuse to accept the return and to reship the product to buyer at buyer’s cost.

9. Claims

All claims regarding lost, damaged or delayed shipments should be reported to the common carrier involved. The settlement of such claims is between the buyer and the common carrier. Claims for short shipments should be reported to immediately and confirmed in writing.

10. Choice of Laws; Forum; Enforcement

All orders shall be construed and the rights of the parties interpreted in accordance with the laws of the State of New Jersey without regard to the conflicts of law thereof. The parties agree that any dispute arising under this order shall be brought in such New Jersey State court or federal court as has subject matter jurisdiction. shall be entitled to recover from buyer all of its cost and expenses (including reasonable attorneys’ fees) in enforcing its rights to payment.

11. Termination

may cancel this order in whole or in part, by written notice if (a) buyer becomes insolvent or makes a general assignment for the benefit of creditors, (b) a petition is filed or proceedings are commenced against buyer under any bankruptcy or similar laws, or (c) buyer defaults in the performance of any of its obligations under this order or any other order between buyer and , and reserves all rights with respect to such.

12. Limitation of Actions and Liability

Any action arising out of or in any way connected with the products or services furnished by must be brought by buyer within two (2) years from the date the of sale or the applicable statute of limitations, whichever is shorter. Under no circumstances will ’s liability exceed the purchase price paid by buyer for the products.

13. Limited Warranty

 Except as stated below, warrants that all products manufactured and supplied by to buyer will be free from defects in material and workmanship under normal use and service for a period of six (6) months from the date of shipment, except that failure to make a weathering claim within fifteen (15) days from receipt of product shall be deemed a waiver of buyer’s right to make such a claim. warrants components supplied by others and incorporated into the products only to the extent of the express warranties made by the suppliers of such components. This limited warranty extends only to the original end user purchaser of products and does not cover normal wear and tear of parts or damage or loss resulting from misuse, accident, neglect, improper installation or maintenance. In order to qualify for this warranty coverage, buyer must incorporate, use and maintain the products strictly in accordance with the instructions and recommendations contained in ’s literature. If buyer claims that the products do not conform to this limited warranty, it must, at ’s option, either return the defective Powder  or Part(s) to with freight or other transportation costs prepaid or allow ’s personnel to inspect the products at the site of their installation or use. If, after inspection, determines that the products do not conform to this limited warranty, in its sole discretion will choose to (a) repair the products without charge to buyer, (b) replace the products without charge to buyer, or (c) repay the purchase price to buyer. The warranty period for repaired or replaced components shall be the remainder of the original warranty period.

THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY PROVIDED BY ELMET AND IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES OF QUALITY, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS, ALL OF WHICH ARE HEREBY DISCLAIMED. BUYER HEREBY WAIVES ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE.

NOTWITHSTANDING ANY PRIOR STATEMENT, WRITTEN OR ORAL, ELMET MAKES NO OTHER WARRANTIES REGARDING THE QUALITIES OF ITS PRODUCTS OR THE MATERIALS INCORPORATED THEREIN.

14. Force Majeure

is not liable or responsible for delay or failure to perform any of ’s obligations under this order occasioned by any causes beyond ’s reasonable control, including, but not limited to, a labor dispute, industry disturbance, fire, unusually severe weather conditions, terrorist act, earthquakes, floods, declared or undeclared war, epidemics, computer malfunctions, civil unrest, riots, lack of supplies, raw materials, delay in transportation, governmental, regulatory or legal action or act of God.

15. Export Control

Buyer agrees to comply with all U.S. export & import regulations which control the Products – Tungsten Powder & Services, it purchases from .

16. Limitation of Liability

Buyer understands and agrees that in no event shall be liable to buyer or to any third party for any incidental, special, consequential or other similar damages arising, directly or indirectly, out of or occasioned by the purchase, use, installation, repair, replacement of the Products – Tungsten Powder & Services, whether such damages are based on a claim for breach of express or implied warranty, tortious conduct, or any other cause of action, whether or not foreseeable and whether or not has been advised of the possibility of such damages. Under no circumstances will ’s liability exceed the purchase price paid by buyer for the Products – Tungsten Powder & Services. BUYER SPECIFICALLY UNDERSTANDS AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, TORTIOUS CONDUCT OR ANY OTHER CAUSE OF ACTION AGAINST ELMET IS THE REMEDY OF REPAIR, REPLACEMENT OR REFUND PROVIDED HEREIN.

17. Buyer’s Non-Infringement Warranty

Buyer represents and warrants to that any Products – Tungsten Powder & Services or method of manufacture based either in whole or in part on a design, specification, or other instruction provided by buyer, do not, and shall not, infringe, misappropriate or violate any patent, copyright, trademark, trade name, trade secret, or other intellectual property right of any third party. This warranty, and buyer’s obligation set forth below concerning indemnification shall be controlling over any provision of any other contract or form, including any provision or disclaimer included in buyer’s purchase order or the like.

18. Indemnification

Buyer hereby agrees that it shall defend, indemnify, pay and reimburse and hold and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages and/or expenses (including, without limitation, reasonable attorneys’ fees and costs) (collectively, “Losses”) arising directly or indirectly out of or in connection with (i) the gross negligence and/or willful wrongful acts of buyer and/or any its affiliates and any of their respective officers, employees and agents, (ii) any material breach of buyer’s representations, warranties, or covenants made to or other obligations of buyer hereunder, (iii) the design, manufacture, storage, supply, sale and/or distribution of buyer’s products and/or services, including, without limitation, Losses in respect of the injury or death of any person (whether or not caused or alleged to be caused by the negligence of ), or (iv) the actual or alleged infringement, misappropriation or violation of any patent, copyright, trademark, trade name, trade secret, or other intellectual property right of any third party by any product or method of manufacture based either in whole or in part on a design, specification, or other instruction provided by buyer.

19. Entire Agreement

No terms and conditions other than those stated herein, and no agreement or understanding in any way purporting to modify these terms or conditions, shall be binding on without ’s written consent.

When we BUY (Tungsten Scraps - Tolling) - Terms & Conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE

 

1. OFFER AND ACCEPTANCE.

This order is an offer to purchase Tungsten Scrap Metals and is limited to and expressly conditioned on Seller’s acceptance of the terms and conditions contained herein. Any differing or additional terms and conditions contained in Seller’s quotations or acknowledgments are hereby rejected and shall not become part of the purchase agreement without Buyer's written consent.

2. SHIPMENT.

Shipment shall be made in accordance with specific instructions from Buyer. In the absence of specific shipping instructions, shipment shall be routed via the most economical mode of commercially reasonable transportation available. Material will be classified so that lowest Commodity Rate may be obtained. Unless otherwise agreed to in writing by Buyer, prices include all charges for packing and crating. Seller shall suitably pack, mark and ship all goods to prevent damage and shall comply with any applicable customs requirements, such as importer filings prior to shipment, or requirements set by common carriers. Notwithstanding any shipping terms or rights of the Buyer included herein, Buyer shall have the right to return all freight damaged merchandise to Seller and receive full credit, unless said damage has been caused solely by the negligence of Buyer.

3. DELIVERY.

Time is of the essence. Delivery shall be made in quantities and at the time(s) specified in this order or may be canceled or rejected by Buyer. If any goods and/or services delivered do not conform to this order in each and every respect, then Buyer may withhold total or partial payment and reject such goods or the entire lot received at Seller’s expense. Moreover, if this order requires or authorizes deliveries of goods in separate lots, Buyer may also, at its sole election, exercise either or both of the following rights:
(i) cancel any undelivered lots and/or; (ii) purchase elsewhere and charge Seller with any loss incurred. Unless delay is solely attributable to Buyer, premium transportation costs to meet delivery schedules shall be at Seller's expense.

4. WARRANTIES.

Whether or not Seller is a merchant of goods and/or services provided by it, Seller warrants that all goods and/or services provided by it: (i) shall be of good quality and workmanship and free from defects, latent or patent; (ii) shall strictly conform to all specifications, drawings, descriptions furnished, specified or adopted by Buyer; (iii) shall be merchantable and suitable and sufficient for their intended purposes; and (iv) shall be free of any claim of any third party. NONE OF THE REMEDIES AVAILABLE TO BUYER FOR THE BREACH OF ANY OF THE FOREGOING WARRANTIES MAY BE LIMITED EXCEPT TO THE EXTENT AND IN THE MANNER AGREED UPON BY BUYER IN A SEPARATE AGREEMENT SPECIFICALLY DESIGNATING SUCH LIMITATION AND SIGNED BY AUTHORIZED REPRESENTATIVES OF THE BUYER. Buyer's inspection and/or acceptance of and/or payment for goods and/or services shall not constitute a waiver by it of any warranties. Buyer's approval of any sample or acceptance of any goods shall not relieve Seller from responsibility to deliver goods and to perform services conforming to specifications, drawings and descriptions.

5. PATENT WARRANTY.

Seller warrants that: (i) neither the goods and/or services furnished nor the sale or use thereof will infringe any patent, trademark, copyright, or other proprietary or similar rights of any third party; (ii) Seller will, at its own expense, defend any claim or suit that may arise with respect to any aforementioned infringement or allegation thereof; and (iii) Seller will indemnify and hold Buyer and/or its customers harmless from all loss and expense incurred on account of any alleged or actual infringement. Buyer shall promptly notify Seller of any such infringement claim made against it. The warranty provided here shall not apply to goods to the extent such goods comply with specifications furnished by Buyer.

6. INDEMNITY AND INSURANCE.

Seller shall indemnify and hold Buyer harmless, and at Seller's expense, defend Buyer from all liability, loss and expense, or claims, arising out of death or injury to any person or damage to any property, or any other damage or loss, by whomsoever suffered, resulting in whole or in part from any alleged or actual defect, whether latent or patent, in goods sold to Buyer hereunder including without limitation actual or alleged improper construction or design or failure to comply with specifications, or arising from noncomplying services sold to the Buyer hereunder, or arising from the actual or alleged violation by any services or goods (or their manufacture possession, use, sale, shipment or return) of any federal, state or local rule, regulation or governmental order, or arising from the failure of any goods or services to comply with any express or implied warranty of Seller or with any of the provisions which govern Seller's performance under this purchase agreement; provided that this indemnity shall be null and void to the extent such liability, loss or expense, or claim(s), results solely from the gross negligence of Buyer. Seller will obtain and maintain in force, at no expense to Buyer, Comprehensive General Liability insurance with products liability coverage and an endorsement naming Buyer as an additional insured in sufficient amounts and with companies acceptable to Buyer, to cover any liability, loss or damage of the kinds above referred to, and other insurance as appropriate for carrying on its business.

7. PRICE.

If no price is stipulated herein, the goods or services shall be charged at prices not exceeding those last previously quoted or charged to Buyer for goods or services of like kind or quality. Seller warrants that the prices named herein are as low as any net price now given by Seller to any other customer of the same class for goods or services of like kind or quality. Seller agrees that if at any time on or before the actual shipping date or the last shipping date specified hereon, whichever occurs last, lower net prices are quoted to any other such customer said lower net prices shall be applied to this purchase order and shall be substituted for the prices contained herein.

8. TOOLS.

Unless otherwise specified in writing, all necessary material and/or tools including dies, gauges, jigs or fixtures required to execute this order are to be supplied by Seller. Any material or tools paid for or provided by Buyer shall be and remain the sole property of Buyer and shall be used exclusively for Buyer. Seller will mark and segregate said items and keep them fully covered by insurance at all times without expense to Buyer. Buyer may remove said items at any time. Seller will maintain said tools and similar equipment in good working condition and will return them to Buyer upon request or upon completion.

9. NON-DISCLOSURE.

Seller shall not make any public announcement nor disclose the existence of this order or any of its terms, including the Buyer’s name and trademark, specifications, designs, processes or other information received from Buyer, to a third party without Buyer’s prior express written consent.

10. CHANGES.

Buyer reserves the right at any time prior to shipment to make changes as to: (i) specifications of any goods to be specifically manufactured for Buyer; (ii) methods of shipment or packing; (iii) place of delivery; (iv) schedule of delivery; and (v) reduce, increase or cancel the quantities ordered. If any such change causes an increase or decrease in the cost of or the time required for performance of this purchase order, an equitable adjustment shall be made in the contract price or delivery schedule or both. Any claim by Seller for adjustment under this clause shall be deemed waived unless asserted in writing within ten (10) days from receipt by Seller of the change.

11. CANCELLATION AND REMEDIES.

In addition to any other rights or remedies available to it by law, by contract, or at equity, Buyer may (a) cancel this order in whole or in part if, (i) the goods and/or services furnished do not conform to warranties; (ii) Seller fails to make deliveries as provided herein; (iii) Seller breaches any other term or condition herein; (iv) any representation by Seller proves to have been false or misleading when made; or (v) Seller becomes insolvent, enters into bankruptcy or similar proceedings, or cannot promptly present to Buyer adequate assurances to the contrary if requested. In the event of any such cancellation, Buyer may (i) refuse delivery of goods and/or performance of services; (ii) within one year after delivery, return at Seller's expense any goods already delivered and at Buyer's option, either recover any payments made and expenses incident thereto or, at Seller's expense, require Seller to replace or re-perform; (iii) recover any advance payments to Seller for undelivered goods and/or services not fully performed; and/or (iv) purchase elsewhere and charge Seller with any loss incurred. (b) Upon cancellation as aforesaid, Buyer shall not have any liability to Seller except for the allocable part of the price for conforming goods delivered, and not returned, and for services performed to the extent that Buyer materially benefitted. In addition, Buyer may, at its option, pay Seller's actual costs for undelivered goods and raw materials, whether in process or finished, in which event such goods and materials shall be promptly delivered or made available to Buyer. In no event shall Buyer be obligated to pay to Seller an amount greater than the prices herein for said delivered and undelivered goods in total.

12. NONASSIGNABILITY.

Seller may not assign any right or interest in this order nor delegate performance of any of its obligations without Buyer's prior written consent.

13. COMPLIANCE WITH LAWS AND CODE OF CONDUCT.

In accepting this order, Seller warrants that it shall comply with all laws, regulations or government orders concerning the goods and/or services to be provided under this order, including any national, international, state or local laws dealing with the environment, health and safety, labor and employment, transportation or storage of hazardous materials, and import/export or customs requirements, including without limitation and if applicable, the manufacture and shipment of goods purchased or returned hereunder. In particular, Seller covenants that it shall comply with the rules and regulations applicable to the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Toxic Substances Control Act. Further, Seller agrees to adhere to and act in a manner consistent with the principles and expectations set forth in Buyer’s Code of Conduct and Supplier Policy, both of which are available at under “Legal.” Upon request, Seller shall provide Buyer with written assurances of compliance and cooperate with any efforts to verify the integrity of Seller’s supply chain. Seller shall indemnify, defend and hold Buyer harmless from any liability, losses, damages, penalties or claims arising from Seller’s actual or alleged failure to comply with any of the above.

14. GOVERNMENT SUBCONTRACT.

In the event that this order bears a government contract number or reference, Seller agrees to comply with all pertinent provisions or flow-down clauses of said contract and any applicable Presidential directives and executive orders. All said provisions, flow-down clauses, and directives and executive orders as amended are herein incorporated by reference, which include inter alia the rules, regulations, and orders applicable to (a) Equal Employment Opportunity (E.O. 11246); (b) Affirmative Action for Workers with Disabilities (the Vocational Rehabilitation Act of 1973, 29 U.S.C. 793); and (c) Equal Opportunity for Disabled or Eligible Veterans (the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, 38 U.S.C. 4212a).

15. PRODUCT SAFETY NOTIFICATIONS.

Seller will immediately notify Buyer by telephone and written communication within twenty-four (24) hours if any product sold hereunder fails to comply with an applicable safety rule or standard or which contains a defect which could create or present a substantial risk to the health of or injury to the public or to the environment by itself or when used by Buyer within the scope of its intended purpose.

16. MISCELLANEOUS.

Buyer shall have the right to inspect any work in progress and to inspect Seller’s equipment and facilities at any time during business hours in order to assess work quality and compliance with this order. Whenever Buyer has the right to demand of Seller adequate assurance of due performance, Buyer shall be the sole judge of the adequacy of assurance given by Seller. Except as otherwise specifically provided in this order, Seller shall be liable for and shall pay any sales, use, excise or other tax which may be imposed upon any of the goods or their sale, use or delivery. No delay or omission by Buyer in exercising any right or remedy hereunder shall be a waiver, nor shall any single or partial waiver signed by Buyer in writing preclude its ability to exercise any other right or remedy. All rights and remedies of Buyer hereunder are cumulative and in addition to any other remedies available to Buyer by law, by contract or at equity. Headings of paragraphs are for convenience only and shall not be used in the construction or interpretation of this order. No course or prior dealings between Buyer and Seller and no usage of the trade shall be relevant to supplement or explain this order. This order constitutes the entire agreement among the parties and cannot be modified or amended without the written consent of Buyer. This order shall be governed by and construed in accordance with the laws of the State of New Jersey excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

17. TOLLING:

Orders for processing chemicals, metals, fabricated parts, assemblies, or other items using Buyer supplied material are accepted subject to the delivery of the material at the time, in the amount and in dimensions as specified by Seller, FOB Seller factory. Buyer shall furnish satisfactory material, and if it is necessary for Seller to inspect, gauge or rework such material, it shall be at the Buyer's expense. Material so provided by Buyer shall be delivered FOB Seller factory in such quantities as will permit continuous operation. Production will be started only when in Seller's sole judgment sufficient material is in Seller's possession to warrant setting up equipment. Title and risk of loss to the Buyer-supplied material shall remain with the Buyer from date of delivery to Seller's factory until delivery of the processed goods to Buyer. Buyer shall provide such insurance and proof thereof as Seller may reasonably require. Buyer shall comply will all applicable laws, customs regulations, or shipping requirements that apply to Buyer-supplied material and shall indemnify, defend and hold Seller harmless from any liability, losses, damages, penalties or claims arising from the actual or alleged violation of such laws, regulations or shipping requirements.

Interpretation Number, Gender and Headings

For the purposes of this Agreement, the term ‘host, “hosting” or derivatives thereof means and includes hosting, displaying, uploading, modifying, publishing, transmitting, updating and/or sharing of any information.

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing person(s) includes individuals, bodies corporate and unincorporated.

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms and conditions, notices, or the right of use of the Site by the User or any provision hereof in any manner whatsoever.

Amendments/Modification of Terms of Use

The Company reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the changes associated with the User of the Services and changes on account of legal and/or statutory amendments. The User is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the Agreement. All amendments become effective immediately upon our posting to the Site.

Warranties and Disclaimer

Company has endeavored to ensure that all the information on the Site is correct, however Company neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Site. This Company disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or in connection with the use of the information, data and/or materials contained on the Site.

Company does not make any representation or warranty as to the attributes such as for quality, worth, marketability, etc. of the items or Services proposed to be sold or purchased by the Users of the Site. Company accepts no liability for any errors or omissions, whether on its behalf or on behalf of third parties, in this regard.
Company does not make any representation or warranty as to the attributes to legal title, creditworthiness, identity, etc. of any kind about any product or services offered, displayed or hosted on the Site of its Users except to the extent that a Trust Stamp and/or Credit Report is obtained. The User is advised to independently verify the bona fides of any particular User that it chooses to deal with on the Site.

Company undertakes research and investigation through a repute private agency for some of its services. The information report created from such research and investigation is only provided to you as a tool to help your business and/or as an authentication of your existence as a business entity.

The Company does not collect any Sensitive Personal Data/Information of a User.

The Company provides the Site and Services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User expressly agrees that use of the Site is at its own risk.

Electronic Communications

The User hereby consents to receive communications from the Company electronically. The Company may communicate with the User by email or by posting notices on the Site. The User hereby agrees that all agreements, notices, demands, disclosures and other communications that the Company sends electronically including by posting on Site, satisfy the legal requirement that such communication is in writing.

User hereby authorizes Company to contact them periodically using mediums like telephone, mailers or any other means, direct or indirect, in regard to their account information, special offers, surveys etc. If a User does not wish to receive calls/other communications from Company or its employees, they must inform Company in writing by sending an email to helpdesk@ITungsten.com.

Breach

Without limiting other remedies, Company shall remove and disable all such content on the Site; may limit the Users' activity, immediately remove or end the Users listing, warn other Users and immediately temporarily/indefinitely suspend or terminate the User’s membership, and/or refuse to provide the User with access to the Site if:

  • User displays any information, data which is illegal or prohibited by any law for the time being in force including but not limited to the Illegal/Prohibited Content;
  • User is in breach of the User Agreement or the documents it incorporates by reference;
  • Company is unable to verify or authenticate any information the User provides;
  • It is believed that the User actions may cause legal liability for the User, other Users or the Company;
  • A User puts any material into the Site systems which contains any viruses, Trojan horses, worms, time bombs or other computer programming or similar routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • A User is unable to produce, when asked for by the Company, a certified copy of a consent, license, approval, permission or similar certification requisite for goods and/or services a User proposes to Host/has Hosted on the Site;
  • Any monies payable by the User to the Company are not paid on the due date; or
  • A complaint is received by the Company from another User or a third party and necessary action to resolve the complaint is not taken within 10 (ten) days by such User.
  • Company may at any time at its sole discretion reinstate suspended Users. User(s) that has been indefinitely suspended may not register or attempt to register with Company or use the Site in any manner whatsoever until such time that such User is reinstated by Company. Notwithstanding the foregoing, if the User breaches the Agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and to take strict legal action including but not limited to initiating criminal proceedings against the User in this regard.

Privacy

The Company stores temporarily or as an intermediary, User information on computers that are protected by physical as well as technological security devices. Company records the IP address(es) of each User of the Site and tracks its Users by the use of ‘Clickstream cookies’, inter-alia in compliance with statutory laws and regulations and for security reasons. If the User objects to any of this please do not use the Site.

Google, as a third party vendor, uses cookies to serve ads on the Site. Google’s use of the DART cookies enables it and its partners to serve ads to our Users based on their visit to websites and/or other sites on the internet. User may opt out of the use of the DART cookie by visiting the link (http://www.google.com/policies/privacy/ads/)

Use of User Information for promotions by Company

Company may use the User Information, Data or materials (“Collected Information”) to execute marketing campaigns, promotion or advertising messages on behalf of third parties. The Collected Information does not qualify as Sensitive Personal Data/Information. The Collected Information does not/will not be disclosed to third party(ies) unless you respond to the marketing, promotion or advertising message sent by such third party(ies). The Collected Information may be transferred, stored, used and processed at any place worldwide by the Company.

In case of a merger, amalgamation or a ‘buy-in’ or ‘buy-out’ or a financial or strategic tie-up or similar alliance of/by the Company, the Collected Information may be transferred or assigned to the entity with whom the Company is entering into a merger, amalgamation, ‘buy-in’ or ‘buy-out’, financial, strategic or similar alliance with, as the case may be. If a User objects to this collection and/or transfer/assignment, please do not use the Site.

Confidentiality

All information and data submitted and/or Hosted by the User shall become the property of the Company. Except for disclosures of the nature set forth herein including in Clause 13, Company shall not release any such data and information without the prior consent of the User.
The User has access to only his own data and information stored in the database at the Company (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time provided the terms and conditions and this Agreement are complied with.

All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in Member areas, is done at the sole discretion and risk of the User. If such information is collected by a third party using the Site and misused or results in unsolicited messages from such third parties, then such actions are beyond the control of Company and the Company accepts no responsibility or liability whatsoever for such actions.

The Company does not require a User to disclose to its employees and/or other User’s any Sensitive Personal/Confidential Information on the Site.

The User is cautioned not to reveal any Sensitive Personal/Confidential Information to third parties on the Site.

Ownership of Intellectual Property

All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.

Waiver and Severability

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid and/or determined to be invalid or unenforceable in (whole or in part) by a court of competent jurisdiction, the Parties agree that the Court shall endeavor to give effect to the Parties' intentions as reflected in the provision, and all the other provisions of this Agreement shall remain in full force and effect.

Limitation of Liability

In no event shall the Company be liable for:

any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) arising out of or in connection with the Site, its Services or this Agreement (however arising, including negligence); and/or any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.

The Company, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. All such warranties, representations, conditions and undertakings are hereby excluded.

User(s) acknowledge that inability to use the website wholly or partially for whatever reasons may have an adverse effect on its business. The Company assumes no liability whatsoever for any monetary or other damage suffered by the User including on account of any one or more of the following:

  • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Services;
  • The use or inability to use the Site or the Services;
  • Any interruption or errors in the operation of the Site or the Services;
  • Any unauthorized access by third parties (or User’s) to data or sensitive Personal Data/Information or other private information of a User;
  • Any false, misleading or incorrect data or information Hosted on Site by a User or false misleading or incorrect statements or conduct of a User;
  • Any violation of third party rights or claims or demands whatsoever in relation to the products or Services Hosted on the Site;
  • Any matters relating to Services and/or the Site however arising, including negligence.
  • Notwithstanding anything contained herein, the Company's liability in any and all circumstances shall be limited to $1000/- (US Dollar 1000/-)

Indemnity

The User hereby agrees to indemnify and hold the Company its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any action, claim or demand, including reasonable attorney's fees, made by any third party or penalty imposed on the Company due to or arising out of the User's breach or violation of this Agreement or the documents it incorporates by reference, or any representations and warranties made by a User, or on account of any illegal/prohibited activity conducted by a User, or violation of any law or of the rights of a third party by a User or a breach of the representations or warranties made by User(s) and/or any dispute(s), claim(s), litigation or other civil or criminal proceeding between a User and another User/third party transacting on this Site and/or using the Services.

Relationship of the Parties

It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User.

Grievances and Appeal

For any complaints and grievances, User may contact the Grievance Officer, iTungsten.com, 20 Second Street, Suite 1803, Jersey City, New Jersey 07302. +1646.644.3049 or email:

All complaints to the Grievance Officer shall be made in writing giving a detailed description of the complaint/grievance of the User.

The Grievance Officer shall redress all complaints within one (1) month from the date of receipt of complaint.

Arbitration

Any dispute arising out of or in connection with or relating to the meaning, interpretation this Agreement, including a dispute regarding the existence, validity or termination of the Agreement (between parties), which cannot be amicably settled or resolved by the Grievance Officer within thirty (30) days of the date of such dispute arising, shall be referred to any finally resolved by arbitration. The arbitration shall be conducted in accordance with the Rules of State of New Jersey, USA.

The arbitral tribunal shall give a reasoned award and the same shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The arbitrator shall be free to award appropriate costs. The arbitration award shall be enforceable in a competent court.

Company as well as its management have created these pages and the Services as a specific feature and as a service to the global Tungsten community.

No warranty or condition expressed or implied or statutory is being provided to the User. Company hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance. Company does not make any representation or warranties of any kind about any product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded.

Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition.

Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by Company (“Damages”) whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation to the Service(s). The Company’s liability is limited in any and all circumstances shall be limited to $1,000/- (US One Thousand).

The User hereby indemnifies and holds Company harmless against any and all losses, claims, injuries and Damages that may arise out of the User’s breach of this Disclaimer and/or the Agreement, Illegal/Prohibited Content, Warning against Fraud and or any breach of the terms and conditions or the representations or warranties made by the User herein or in the Agreement/usage terms.

Notices

Except as explicitly stated otherwise, all notices to the Company shall be given by the User by postal mail to Legal Department, , 20 Second Street, Suite 1803, Jersey City, New Jersey 07302 or e-mail to: - (in the case of the Company) or to the email address the User provide during the registration process (in case of the User). Notice shall be deemed given 24 hours after email is sent, unless the sending Party is notified that the email address is invalid. Alternatively, the Company may give the User notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 (three) days after the date of mailing.

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+1 646.644.3049
+1 201.604.3480
+1 201.792.8924
+1 201.604.3480
 
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Customer’s Feedback

“We have worked with iTungsten in past and find the company and its management team as professional and reliable. What makes iTungsten an attractive vendor is that they are Integrated global firm with ability to buy all our Tungsten Scraps and exchange them with quality Tungsten Trioxide and Tungsten Metal Powder. They guarantee supply, scale & price advantage, thus we highly recommend iTungsten.”

- VP of Procurement
A leading Tungsten Product & Allow Company, USA

Contact Information

Bonsai America, Inc.
20 Second Street
Suite 1803
Jersey City
New Jersey. 07302
USA

Phone: +1 646.644.3049
+1 201.604.3480 
+1 201.792.8924
Fax : +1 201.604.3480
Email:
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