Terms of Sale


  1. These terms and conditions of sale (these "Terms") govern all Sales of Goods by Metroflor® Corporation ("Seller") to a Buyer. Seller and Buyer are identified collectively as the Parties. By placing an order for Goods with Seller, Buyer hereby accepts and agrees to these terms. If the Parties have a written contract between them which covers the sale of the Goods covered by these Terms, the terms and conditions of the contract would prevail in the event that they are inconsistent with these Terms. Seller may amend these terms at any time by posting updated terms on its website.
  2. These Terms prevail over any of Buyer's general terms and conditions of purchase in all cases. Fulfillment of Buyer's order for Goods does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.


  • Acceptance of Buyer's purchase order is subject to availability of the Goods. Seller shall not be liable for any delays or failures in shipment or delivery. In the event that ordered Goods are not delivered, Buyer’s sole and exclusive remedy is to request replacement Goods from Seller.
  • Seller may, in its sole discretion and without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order.
  • The quantity of any shipment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence to the contrary.
  • If Seller delivers to Buyer a quantity of Goods of up to ten percent (10%) more or less than the quantity set forth in a Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Sales Confirmation adjusted on a pro rata basis.
  • Seller shall deliver the Goods to Buyer as specified on the purchase order or invoice (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods upon Seller's or third party freight company’s written notice that the Goods have been delivered to the Delivery Point (“Delivery Acceptance Deadline”). Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point and will promptly unload and release all transportation equipment so that Seller incurs no demurrage or other expense.
  • On the earlier of the Delivery Acceptance Deadline or Buyer’s actual receipt of the delivered Goods: (i) Risk of loss of the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered to Buyer; and (iii) Buyer shall become liable for all costs of storage and insurance related to the Goods.