Conditions of Use

Our Promise

AlumiTank. (“AlumiTank”) is a manufacturer of typical and custom diesel, hydraulic, and water aluminum tanks, and has been serving the trucking industry since 1978. We promise the following:  to complete your order in a timely fashion, provide an end product that will meet or exceed your expectations, and at a price that is competitive in the industry. If you are not fully satisfied, we’ll make it right. It’s that simple.

Business

We look forward to serving you the good old-fashioned way: with respect, honor, and integrity. In return, we request just one thing – timely payment. If we have not met your expectations in some way, please contact us so that we may have the chance to correct the problem and earn your business. AlumiTank prides itself in making the best tanks in the USA at an affordable price and with the best Customer service. We’d love to prove it to you.

Orders

Orders regularly entered, either with a bonafide purchase order, or via a signed quote and drawing, cannot be cancelled once put into production except upon the terms that will compensate the AlumiTank against loss. All work done is billable to the Customer.

Credit Policy

AlumiTank offers generous credit terms to qualified Customers and reserves the right to hold orders on accounts that go beyond established credit limits. Customer agrees to pay any late fees accrued and any NSF bank charges incurred by AlumiTank for any returned check. As AlumiTank shall expend substantial sums of money and time in connection with its performance of the work prior to receiving payment from Customer, and to secure the payment of the contract price and the other sums to be paid by Customer, Customer pledges and grants to AlumiTank a security interest in and to all materials, parts and finished product manufactured or to be manufactured by AlumiTank pursuant hereto (the “Collateral”). In the event of Customer’s nonpayment, AlumiTank’s rights and remedies with respect to the Collateral shall be those of a Secured Party under the Uniform Commercial Code of Illinois and under any other applicable law. In connection herewith, Customer agrees to execute and deliver, upon the request of AlumiTank, any and all further documents and financing statements which may be reasonably required by AlumiTank to perfect its security interest as herein granted, and in the event of the failure of Customer to so execute such further documents, Customer appoints AlumiTank as its attorney in fact for the purposes of executing such further documents on Customer’s behalf.

Customer agrees to pay to AlumiTank a finance charge equal to one and one-half percent (1.5%) per month on all amounts which shall not be paid when due.

In addition to all other remedies that AlumiTank may have at law or in equity, in the event that AlumiTank files any suit or takes any such other action to enforce any of the terms of any  Contract between AlumiTank and Customer, AlumiTank shall be entitled to recover from Customer any and all expenses incurred by AlumiTank which are necessary or desirable for the protection of AlumiTank's interest or the enforcement of its rights under such Contract, including, without limitation, court costs and expenses and reasonable attorney's fees.

Drawings, Print, Photos, Copies

All originals of these items are the property of the supplier. If AlumiTank supplies or produces them, they remain AlumiTank property and cannot be transferred to the Customer without full payment, plus profit, for the work involved. Conversely, if they are supplied by the Customer, they remain Customer’s property.  In such event, AlumiTank’s obligations are to reproduce Customer’s product from the materials supplied to AlumiTank. AlumiTank shall have no further liability with respect to the design of the product.

Corrections/Changes

On each rough drawing, changes and corrections must be clearly spelled out and signed by the Customer, indicating the change and location by both lateral and vertical weld seem, when applicable. Changes once production has started may be subject to an additional fee. Some changes may not be possible depending on the stage of production.

Finals

At least one rough drawing/silhouette/worksheet of each tank (or other production item) must be submitted (or on file as a Master Print) for each order. A final production print and formal quote will be generated from these roughs and are to be signed and returned to AlumiTank as the CAD engineering template and manufacturing guide. If additional roughs require the signature final print to be modified (prior to the commencement of production), change fees may apply.

Roughs, Proofs, Templates

All roughs, proofs, templates and final drawings used in production remain the property of AlumiTank.

Production Deviations

On occasion, orders may deviate from production prints. Any production deviations greater than 5% will be clearly spelled out to the Customer and are subject to Customer approval. This is necessary due to potential variances in Plasma Cutter & CNC tolerances and other variable factors. It will be the final decision of the Customer whether such a deviation is acceptable. AlumiTank will not be liable to make up deviations below 5%.

Testing/Placards/Serial Numbering

All tanks with component parts are tested to be leak free and meet FMCSA standards prior to shipping to the Customer. Each tank shall receive a serial number and placard indicating its compliance with FMCSA standards.

Delivery

Unless otherwise specified, the price quoted is for a single shipment, without storage, and is F.O.B. AlumiTank’s loading dock. Title and risk of loss of the products transfers to Customer at such time the products are picked up by Customer (or by a freight hauler for transport to Customer). All proposals, based upon a series of shipments at one time, or a series of shipments throughout a given period of time, requiring or not requiring storage, shall be specifically stated in the quotation request confirmed in the bid and stipulated in the purchase order. Additional storage fees and appropriate insurance for storage may apply. All orders must be paid in full at the time of shipping, unless on account. AlumiTank does not up-charge Customers for shipping and will make every effort to find the best rate available on the day of shipment. Quotes (including signed quotes) for shipping may vary at the actual time of shipping due to fuel surcharges and length of time between original quote and ship date and are the responsibility of the Customer.

Delays in Delivery

AlumiTank shall not be held liable, and Customer holds harmless AlumiTank for any delay resulting from adverse weather conditions, labor disputes, fire, unavoidable casualties, or other causes beyond AlumiTank's reasonable control.

Repairs and Changes

Unless the product is not exactly as specified in the order and copy submitted by Customer and/or does not function as intended according to production specifications that were clearly identified on the purchase order,  all changes must be agreed upon in writing.  Additional fees may apply.

Statement of Policy

Defective Merchandise

 shall be returned to our manufacturing plant upon our request. Provided the Goods are defective, normal freight charges will be paid by AlumiTank.  All returns must be accompanied by an RMA (return materials authorization) number.

Copy or Construction Changes

 will not be allowed on reruns.

Performance of the Product and Limitation of Liability

AlumiTank is not responsible for the operational quality of end products produced from Customer roughs without prior appropriate engineering for the specific function required unless the following conditions have been met:

• The product used and any special requirements of such products produced have been clearly identified in the quotation request, the bid, and the purchase order;
• The equipment in which the product is used is in top condition and not in need of any repair that would make the product malfunction; and
• The Customer, in the event of a dispute, will have the equipment company’s service technician (Customer Engineer) demonstrate to the sole satisfaction of AlumiTank that the machine in which the form is used is in proper running order.

AlumiTank's liability for defective goods shall extend only to the repair or replacement (at AlumiTank’s sole and exclusive discretion) of defective Goods, and Customer hereby waives any claim it may have against AlumiTank for special, consequential, or punitive damages resulting from any such defect. 

Disclaimer of Warranties

AlumiTank has made no warranty that the goods covered by this contract are merchantable or fit for any purpose other than that stated, and there are no warranties, expressed or implied, which extend beyond the description of the goods contained in this contract.

            No other express warranty has been made or will be made on behalf of Alumitank with respect to the goods.  Alumitank shall not be responsible for damage, loss of use of the goods, inconvenience, loss or damage to personal property, whether direct or indirect, and whether arising in contract or tort.  except as specifically set forth herein, the goods are sold as is and with all faults.  there are no warranties which extend beyond the description on the face hereof.  Alumitank disclaims any implied warranty of merchantability of the goods or of the fitness of the goods for any purpose.

The Right to Reject an Order

AlumiTank reserves the right to reject an order that is deemed unacceptable and/or if material as quoted is not available at the estimated price and delivery time, when the order is placed. The order must be a duplicate of the quotation and must be entered within a period of 30 days of the date of quotation.

Special Materials

Some orders require special materials that have lead-times outside of the control of AlumiTank In the event that your order requires such materials, AlumiTank will communicate those exceptions and make every effort to get you your order in a reasonable amount of time, thereafter.

Returns / Restock Fees

Any return must be approved and given an RMA control number. Most orders are custom in nature and may not be returnable. For items that are approved for return, a restock fee will be applied and may vary depending on the extent of customization and resaleability. In general, a 15% restock fee is applied to items we stock; other items may be assessed as a 20% or higher fee, solely at Alumitank’s discretion.

Confidential Information. 

Information furnished by AlumiTank to Customer with respect to the Goods, including specifically, the Proposal and any other communications given by AlumiTank in connection with its performance of this Contract shall be deemed to be confidential and proprietary to AlumiTank.  Customer shall not disclose to any third party any of such information.  All such confidential and proprietary information, including all copies of such information, and any other information not specifically designated by AlumiTank for release to the public that may come into Customer's possession, including all copies of such information, shall be delivered by Customer to AlumiTank when requested to do so by AlumiTank.  Information designated in writing by Customer as confidential and provided to AlumiTank by Customer shall be treated by AlumiTank with the same full confidentiality.