Effective as of 2026. These terms govern all sales of goods by Metal Powder Supply to buyers, unless expressly superseded by a written program agreement executed between Metal Powder Supply and the buyer.
These Terms of Sale apply to every purchase order accepted by Metal Powder Supply. Where a program-level agreement (MPS-1 Qualification Agreement, MPS-2 Blanket Purchase Agreement, or MPS-3 Strategic Offtake Agreement) exists between Metal Powder Supply and the buyer, the terms of that agreement supersede these Terms to the extent of any conflict.
Purchase orders are accepted subject to material availability, credit clearance, and — where applicable — successful ITAR / EAR export screening. Metal Powder Supply reserves the right to decline any order that would violate applicable law or that cannot be filled to the buyer's stated specification.
Feedstock is supplied against the specification identified on the accepted purchase order or the applicable program qualification package. Deviation from a locked specification requires written engineering change from the buyer and re-qualification.
Prices are firm for the quantity and delivery window quoted. Unless otherwise stated, payment terms are Net 30 from date of invoice for qualified accounts. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.
Metal-linked commodities (aluminum, copper) may be priced against LME or COMEX indices on qualified accounts. Freight is invoiced at cost unless quoted DDP.
Standard delivery terms are FOB Origin (Incoterms 2020) unless otherwise agreed in writing. Title and risk of loss transfer to the buyer at the time of tender to the carrier. Delivery dates are estimates; Metal Powder Supply's liability for late delivery is limited to reasonable efforts to expedite.
Buyer must inspect all shipments within thirty (30) days of receipt and notify Metal Powder Supply in writing of any nonconformity. Failure to notify within the inspection period constitutes acceptance. Nonconforming material will be replaced or credited at Metal Powder Supply's option.
Metal Powder Supply warrants that all feedstock will conform to the specification agreed under the applicable purchase order or program qualification package at time of shipment, and will be free of defects in workmanship. THIS IS THE EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED — INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE — ARE DISCLAIMED.
Metal Powder Supply's aggregate liability under any purchase order is limited to the invoice value of the material giving rise to the claim. IN NO EVENT SHALL METAL POWDER SUPPLY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR PROGRAM DELAY.
Buyer acknowledges that certain feedstock supplied hereunder is subject to U.S. export control laws, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Buyer shall comply with all applicable export controls and shall provide accurate end-use and end-user information on request. See Export Controls.
Neither party shall be liable for delay or failure of performance caused by circumstances beyond that party's reasonable control, including natural disasters, war, terrorism, government action, labor disputes, or supply chain disruption of the primary feedstock atomizer or mill.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Disputes shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, seated in the United States.
Metal Powder Supply may update these Terms of Sale from time to time. Updated Terms apply to purchase orders accepted after the effective date of the update. Program-level agreements are updated only through mutual written amendment.
LAST UPDATED · 2026 · METAL POWDER SUPPLY · ALL RIGHTS RESERVED
These Terms are provided for informational purposes and do not constitute legal advice.