Terms and Conditions

General Notes:
The policies herein supersede all previous policies in any Smith McDonald Corporation, Smith Metal Arts, or McDonald Products Price Book or Catalog. Product specifications are subject to change without notice. Actual finishes may vary from the product photography shown herein.

Manufacturing Location:
Our headquarters and manufacturing facility are located at:

Smith McDonald Corporation
1270 Niagara Street
Buffalo, NY 14213 USA

Order Placement:
If you are a dealer, and have an open account with us, you may place your order with Smith McDonald directly at:

Smith McDonald Corporation
1270 Niagara Street
Buffalo, NY 14213
Telephone: (716) 362-8960
Toll-Free: (800) 753-8548
Fax: (716) 362-8963
email: [email protected]

Order entry hours are Monday through Friday, 8 am to 5 pm, EST.

If you have not yet established an account with us, please see the section below entitled “Credit”, or contact us for assistance.

Credit:
Credit is extended at the sole discretion of Smith McDonald Corporation. Please call our Customer Service Department for a credit application. Typical requirements for the extension of credit include three current and satisfactory trade references and one bank reference. We reserve the right to change our credit terms, to require prepayment or to deny credit at our discretion.

International Orders:
Orders received from and destined to overseas locations may be transacted at our sole discretion, by means of an electronic Wire Transer (preferred) or through an International Letter of Credit, with funds drawn against a U.S. bank. Full payment in advance or an initial deposit may apply.

Order Acknowledgement:
All orders are subject to acceptance. Orders will be acknowledged to the customer once entered, to serve as confirmation of items ordered, quantities ordered, special conditions (if any), and pricing. It is the customer’s responsibility to to review the acknowledgement promptly and carefully to ensure that there are no errors, and to inform us immediately if there are. Changes may not be possible once an order has entered the manufacturing process.

Minimum Order Size:
A $25.00 processing fee will be added to orders that total less than $100.00 net (exclusive of freight or any other non-product expense).

Order Cancellation:
Our product offering is largely comprised of high quality, hand-crafted items, the majority of which are made-to-order. As such, we regret that in most cases, once entered, an order cannot be cancelled. Should an exception be made, a cancellation charge will apply.

Discounts on Large Quantity Orders:
Additional discounts may be available on larger quantity orders of any of our products. Please call Customer Service for assistance.

Pricing:
These prices are current and effective as of July 1, 2015. All prices herein are list prices and are in U.S. Dollars. All orders received are subject to the prices prevailing upon acknowledgement. Prices shown are for standard products in standard packaging only. Smith McDonald Corporation reserves the right to implement price changes, modifications in design and/or construction, and to discontinue existing products without prior notification. While every effort has been made to ensure consistency between the website pricing and the prices contained in the attached price book pdf, in the event of a discrepancy, the prices shown on the website shall prevail. This pricing supercedes all other Smith McDonald pricing, whether in digital or print format.

Set-Up Charges:
Due to the additional operations involved in producing custom finishes, please be aware of the following set-up charges:

Antique Brass Finishes – Orders that net to $1,500.00 or less, exclusive of freight or any other non-product expense will be assessed a $200.00 set-up charge.

Statuary Bronze Finishes – Orders that net to $1,500.00 or less, exclusive of freight or any other non-product expense will be assessed a $200.00 set-up charge.

Duo Bronze Items – Orders that net to $1,500.00 or less, exclusive of freight or any other non-product expense will be assessed a $200.00 set-up charge.

Standard Payment Terms:
The full net amount of the invoice is due within 30 days of the invoice date. Smith McDonald Corporation reserves the right to assess a late payment penalty of 1 1/2% per month on any balances remaining unpaid after 30 days. In addition to any late payment penalties, costs associated with the collection of past due amounts, including, but not limited to, reasonable attorney’s fees, shall be added to amounts past due.

Sales Tax:
Prices shown do not include sales, use, or other taxes. The customer is required to pay any applicable taxes unless a valid resale certificate is provided from the “ship-to” state or province.

Freight Terms:
All orders are shipped on an FOB factory (origin) basis, regardless of the final destination.

Shipping:
Standard shipping within the 48 contiguous United States and the contiguous provinces of Canada is via “best way”, which is typically FedEx Ground, however larger volume orders may be shipped via common carrier. These charges will be prepaid and charged to the ordering party. Expedited shipping service will be provided if requested, but remains the responsibility of the ordering party. Shipping elsewhere will be via the “best way” possible as mutually agreed upon prior to shipping. Smith McDonald Corporation does not “mark up” freight charges, and as such, the customer is responsible for any difference between the freight charges that are quoted and the actual freight charge that is assessed and invoiced.

Additional Shipping-Related Charges:
The sole responsibility for any and all additional shipping-related charges, such as customs, duties, taxes, tariffs, brokerage fees, drayage, demurrage, etc., lies with the ordering party.

Ship-Complete Orders:
Orders that are required to ship “complete” must state so on the original purchase order. Orders not marked as “ship-complete” may be released and invoiced incrementally.

Warranty:
Smith McDonald Corporation warrants to the original purchaser only, that products manufactured by us and sold to that purchaser, are free of defects in workmanship and materials for a period of one year from the date of shipment. Should any failure to conform with this limited warranty appear to a product manufactured by Smith McDonald Corporation during this warranty period, Smith McDonald Corporation shall, upon prompt written notice, repair or replace, at its discretion, the affected part or parts.

NOTE: This warranty does not apply to the following:

  • Damage caused by a carrier during shipment.
  • Normal wear and tear or acts or omissions of parties other than Smith McDonald Corporation.
  • Damage caused as a result of either user modification or improper cleaning. (Smith McDonald Corporation will not assume responsibility for damage resulting from the use of any cleaning chemicals).
  • Damages that may occur as the result of a product being utilized for purposes other than those for which it was originally intended.
  • Customer requested, specified, or provided materials, when they are other than the standard materials used by Smith McDonald Corporation in its manufacturing processes.
  • Exposure to or use in unusual conditions or under unusual circumstances.
  • Leather – As Leather is a natural material, it is subject to naturally occurring markings, and differing grain patterns and dye variations, none of which constitutes a defect under the terms of this warranty.

The express warranties contained herein are in lieu of all other warranties, express or implied, including any warranties of merchantability and fitness for a particular purpose, and all other warranties arising from course of dealing or usage of trade.

The remedies provided above are the purchaser’s sole remedies for any failure of Smith McDonald Corporation to comply with its obligations regarding the workmanship of its products. Correction of any nonconformity in the manner decided and within the period of time referenced herein, shall constitute complete fulfillment of all liabilities of Smith McDonald Corporation, with respect to, or arising out of, the product furnished hereunder.
In no case does Smith McDonald Corporation’s responsibility extend beyond the specific Smith McDonald Corporation product(s) involved. We will not assume any responsibility for claimed damage to other products, as well as for any incidental costs relative to installation, replacement, removal, or other similarly associated costs.

Return Policy:
Returns are considered on a case-by-case basis, and all requests must be submitted to our Customer Service Department for approval prior to the material being returned. Returns received without prior approval will be refused. Upon approval, we will issue a Return Authorization number. Returns received without this number will be refused.
Authorized returns must be returned within 30 days of the product’s initial shipment from the factory. No return will be allowed, nor credit issued, on returns received 30 days of more after the product’s initial shipment from the factory. Material is to be returned freight prepaid, in resaleable (“as new”) condition, unused, and properly packaged in its original packaging material and cartons. Collect shipments will be refused. It is advised that returned material be insured prior to shipping, as we assume no liability for lost or damaged return shipments. Retain any tracking numbers in the event your return is lost in transit to us.
Our standard restocking charge on allowed returns is 25%. Credit for any approved return will be issued, without exception, in the form of a credit applied to the ordering party’s account with Smith McDonald Corporation. Credit will be issued only after the material has been received and inspected for compliance with the above conditions. Non-compliance with any of the above conditions is cause for denial of return credit.

NOTE: The following items are non-returnable:

  • Any Leather item in a custom color not found on our site.
  • Any Accessory (ies) or Wastebasket (s) painted in a color other than Black.
  • Custom Products of any nature (Please refer to the Custom Products section of this website for a partial definition of what constitutes a Custom Product.)
  • Dated Materials (e.g. Calendar Refills).
  • Any material ordered on which the original acknowledgement or invoice states “Non-Cancelable, Non-Returnable”.

Incorrect or Defective Product:
Although rare in occurrence, should incorrect or defective product be received, the product will either be repaired or replaced at Smith McDonald Corporation’s sole discretion, provided we are notified within 30 days of the product’s initial shipment from the factory. As with returns, all requests must be submitted to our Customer Service Department for approval prior to the material being returned. Returns received without prior approval will be refused. Upon approval, we will issue a Return Authorization number. Returns received without this number will be refused.
The material must be returned unused and properly packaged in its original packaging material and cartons. Collect shipments will be refused. It is advised that returned material be insured prior to shipping, as we assume no liability for lost or damaged return shipments. Retain any tracking numbers in the event your return is lost in transit to us.

Freight Damage or Shortage Claims:
All merchandise must be carefully inspected upon receipt, noting the following:

  • FedEx Shipments: Shortage or damage claims must be made within 10 days of receipt. If necessary, we will file the appropriate claim on FedEx shipments. If a damage claim is required, all cartons and packaging material MUST be retained until the items have been inspected by a FedEx representative. If these packaging materials are or have been discarded, neither Smith McDonald Corporation nor FedEx will be financially responsible for any loss incurred. Smith McDonald Corporation will not assume responsibility for any loss, damage or pilferage in transit.
  • Common Carrier Shipments: Shortage or damage claims must be reported immediately upon delivery and noted as such on the Bill of Lading. In this case, it is the responsibility of the consignee to file the appropriate claim. If a damage claim is required, all cartons and packaging material MUST be retained until the items have been inspected by the carrier’s representative. If these packaging materials are or have been discarded, neither Smith McDonald Corporation nor the carrier will be financially responsible for any loss incurred. Smith McDonald Corporation will not assume responsibility for any loss, damage or pilferage in transit.

Delay/Force Majeure:
Smith McDonald Corporation shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any government authority or of the purchaser, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources, failure of suppliers to meet their contractual obligations, or due to any other cause beyond its reasonable control. If any such event occurs, Smith McDonald Corporation may extend delivery dates by the period of time necessary to overcome the effect of such delay, allocate available product, or cancel any purchase order.