<img alt="" src="https://secure.torn6back.com/216685.png" style="display:none;">

Terms and Conditions

OSBORNE COINAGE CO. (“Seller”) General Sales Terms and Conditions

 

  1. Acceptance. Any order is subject to acceptance by Seller only at Seller’s home office in Cincinnati, Ohio. An acceptance is valid only if made in writing by Seller, electronically or otherwise, using Seller’s standard form of acknowledgement. Buyer is deemed to have agreed to all the terms and conditions contained herein unless Buyer objects in writing prior to Buyer’s order. Terms and conditions contained in Buyer’s order or related documents that are different from or in addition to the terms and conditions stated herein, are hereby expressly objected to by Seller and not binding upon Seller. Seller may revoke its acceptance of any order within fourteen days after the date of its acceptance.
  1. Electronic Transactions. Buyer hereby agrees to conduct transactions with Seller by electronic means in accordance with Sections 1306.01-1306.23 of the Ohio Revised Code. Buyer understands that its electronic actions and communications with Seller, either directly or over Seller’s website, may have legal consequences. If Buyer at any time wishes to no longer conduct transactions electronically with Seller, Buyer must notify Seller of this intent in writing.
  1. Quotations and Proposals. Unless otherwise specified, Seller’s quotations or proposals are for information only, and are not intended as an offer. Seller reserves the right to revise all quotations or proposals including prices, delivery dates, terms, quantities or specifications, without notice to Buyer, prior to Seller’s acceptance of Buyer’s order.
  1. Extension of Credit. Quotations or proposals offered by Seller do not constitute Seller’s approval of Buyer’s credit. If satisfactory credit has not been established by Buyer, Seller shall have the right to require full payment in advance, including any and all preparatory costs involved. If the financial condition or credit of Buyer at any time shall, in the judgment of Seller, not warrant shipment of goods ordered, Seller may at its option require full payment prior to shipment or refuse to ship and terminate any other outstanding orders without liability to Buyer.
  1. Price. All prices quoted are in United States dollars, F.O.B. Cincinnati, Ohio (Columbus, Ohio or Chicago, Illinois, if anodizing is required) unless otherwise specified in writing by Seller, and do not include taxes. Unless otherwise agreed to by both parties in writing, all base prices quoted cover manufacturing and shipping an entire order at one time, to a single destination, and do not cover warehousing Buyer’s stock for future shipments. Specification and/or design changes, subsequent to order placement by Buyer and acceptance by Seller, may be subject to price revisions at Seller’s sole discretion.
  1. Taxes. Any taxes on the purchase of products hereunder which may be due to any political subdivision shall be paid by Buyer. It is the responsibility of Buyer to promptly make payment of such taxes to Seller or to advise Seller of any exemptions from taxes.
  1. Payment. The terms of payment are United States dollars, NET cash thirty (30) days from the date of invoice, unless otherwise agreed to in writing by the parties. If full payment is not received by Seller within thirty (30) days after the invoice date, interest shall be charged to Buyer’s account at the higher of prime rate in effect from time to time as set forth in the Wall Street Journal plus two (2) percent per annum, or at eighteen (18) percent per annum. In the event Buyer defaults on its obligations hereunder, Buyer shall be liable for Seller’s costs of collections, including reasonable attorneys fees. Seller may, at its option in order to mitigate its damages, cancel and/or sell any unshipped products should Buyer fail to fulfill the complete terms of payment. Such cancellation or sale acts only to offset Seller’s damages and does not limit Seller’s additional legal remedies.
  1. Completion Date and Delivery. The completion date, or forecasted shipment date, where stated, is approximate only.   Seller shall be free from any and all liability and penalty for failure to perform or for delayed delivery or shipment due directly or indirectly to causes beyond its control including, but not limited to, acts of God, acts of Buyer, war, riots, fires, explosions, flood, strikes, lockouts, injunctions, accidents, government interference, failure in production or production equipment, inability to obtain adequate fuel, power, raw material, labor, transportation facilities, or any other cause or causes beyond the reasonable control of Seller.Release of products by Seller to a recognized common carrier or licensed trucker shall constitute “delivery” to Buyer, and Seller shall not be held liable for any delays, damage or losses incurred in transit. Shipments shall be insured for replacement cost only.
  1. Tooling, Design and Molds. Seller shall have the right to submit lead proofs of engraved coining dies to Buyer. Buyer shall notify Seller in writing of its approval of any lead proofs submitted.   Copy or design changes required after lead proofs are submitted by Seller may necessitate the engraving of a complete new die (or dies) and Buyer agrees to pay any and all additional charges incurred. Seller shall retain title and possession of all hobs, dies or other preparatory components and will use its best efforts to hold and maintain such items in good condition without further charge for the reasonable life expectancy of such items. However, when for three (3) consecutive years no orders have been received by Seller requiring the use of the items referred to in this paragraph, Seller without notice to Buyer and without liability to Buyer, may dispose of any or all of such items as it sees fit. To the extent that Seller designs or creates any original coin, artwork, copy, design or invention in preparation of Buyer’s order, Seller retains all intellectual property rights to such works.
  1. Quantity; Tolerances. Buyer agrees to accept over-runs not to exceed five (5) percent of the quantity ordered and billed at a pro rata price. Buyer agrees to accept products made to Seller’s established sizes and tolerances except when otherwise specifically agreed to by both parties in writing.
  1. WARRANTY AND LIMITATION OF DAMAGES AND REMEDIES. SELLER WARRANTS ONLY THAT THE PRODUCTS BEING SOLD HEREUNDER SHALL BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SELLER IS AWARE OF BUYER’S INTENDED USAGE OF THE PRODUCTS. BUYER AGREES THAT SELLER’S LIABILITY AND BUYER’S EXCLUSIVE AND SOLE REMEDY FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT, OR, AT SELLER’S OPTION, REFUND OF THE BILLING PRICE OF ANY PRODUCT WHICH IS NOT IN ACCORDANCE WITH THE AGREED-UPON SPECIFICATIONS. SELLER SHALL HAVE NO LIABILITY BEYOND ITS INVOICE PRICE, NOR SHALL SELLER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED IN CONNECTION WITH THE PURCHASED PRODUCTS. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME, ANY OTHER LIABILITY IN CONNECTION WITH THE PRODUCTS PURCHASED HEREUNDER. 
  1. Buyer’s Representations. Buyer warrants and represents that any and all products purchased from Seller shall not be used in any manner that violates any Federal or State statute or local law or ordinance.
  1. Return of Products or Cancellation. All products covered by a purchase order will be custom-minted and are not, therefore, subject to return or cancellation after Seller has accepted the order from Buyer. Any and all claims of damage, defect or shortage will not be considered by Seller unless made in writing to Seller within ten (10) days after receipt of shipment by Buyer and accompanied by Seller’s invoice and/or production number.
  1. Indemnification. Buyer agrees to hold Seller harmless from liability for infringement(s) of any patents, trademarks, copyrights or other intellectual property rights, and to reimburse Seller for any and all legal costs it may incur resulting with respect thereto.
  1. Disputes. Any controversy arising in connection with the agreement between Seller and Buyer shall be governed by the internal laws of the State of Ohio, and any state or federal court within Ohio shall have sole jurisdiction over any litigation resulting therefrom.

  2. Waivers. Waiver by Seller of a breach by Buyer of any provision hereof shall not be deemed a waiver of future compliance therewith, and such provision, as well as other provisions hereunder, shall remain in full force and effect. Seller hereby expressly reserves the right to literal compliance with the terms hereof, even if unenforced in prior transactions with Buyer.
  1. Entire Agreement. Unless otherwise specifically provided by separate written agreement signed by both parties, the terms and conditions contained herein supersede all prior oral or written statements of any kind whatsoever made by the parties or their representatives. The terms and conditions contained herein constitute the entire agreement between Seller and Buyer, and no other terms or conditions shall be of any effect.
  1. Osborne Coinage Co. reserves the right to use any and all product produced for sale to customers in any advertising, direct mail, collateral materials, tradeshow booth, or other marketing vehicles and displays unless otherwise specified in writing by the customer at the time the order is placed. Products displayed in any advertising, marketing, display or promotional vehicles are shown as examples of the type and quality of the products produced. They are not represented for resale, nor are they to be construed as product or brand-name endorsement for the registered mark owners.

How to contact us about this policy

If you have questions or comments about this policy please contact us via e-mail at info@osbornecoin.com, via phone at (800) 488-2646 

or mail to:

Osborne Coinage
2851 Massachusetts Avenue
Cincinnati, OH  45225