Terms & Conditions

Overstock Metals Terms and Conditions 

Users of OverstockMetals.com (“Overstock”) must comply with the Rules of Conduct below and each transaction consummated or initiated using Overstock is subject to the Terms and Conditions set forth herein. Failure to comply will result in removal of listings and other content, rejection of product tags, forfeiture of payments, suspension of a Seller or Buyer account or termination of access to OverstockMetals.com as a Seller or Buyer, or both.

1. Authorized Content. Overstock is a forum for the sale of raw and finished products among fabricators, machine shops and manufacturing companies. These are typically metal, plastic, ceramic or alloy products. All other postings will be removed and may result in suspension or termination of access to Overstock. Overstock reserves the right to reject, approve, or remove any listing for any reason at any time, in its sole discretion.

2. Rules of Conduct. Users of Overstock agree and acknowledge Overstock is merely a forum to bring together Seller and Buyer. Overstock does not engage in quality control or dispute resolution for any transaction. Given that Overstock may market and promote the forum, however, Overstock does require that Sellers and Buyers act fairly and honestly to ensure a safe buying and selling experience. To further this policy, each user must: a. Provide accurate information at all times.

     b. Engage in fair sales practices. Examples of unfair activities include:

          i. Providing misleading or inappropriate information to Buyers;

          ii. Creating multiple detail pages for the same product or posting offensive product images;

          iii. Attempting to increase the price of a product after an order is confirmed

          iv. Allowing any person or entity not authorized by Overstock to use your Seller account.

     c. Not attempt to damage or abuse another Seller, their listings or ratings.

     d. Not attempt to influence Buyer ratings, feedback, and reviews.

     e. Not send unsolicited or inappropriate communications to Buyers or Sellers.

     f. Not contact Buyers or Sellers except through Buyer-Seller Messaging (is this what it is called on your site?).

     g. Not attempt to circumvent the Overstock sales process.

     h. Not operate more than one registered account on Overstock without a legitimate business need.

     i. Not submit false claims or returns.

     j. For each listing published by a Seller, include sufficient content for a potential Buyer to be on notice of the product being purchased. Minimum required content is: 

          i. Raw Material: accurate and complete specifications of all raw materials including sizes, material grades, and certifications.

          ii. Finished Products: accurate and complete detail, including precise composition and measurements and other specifications for the particular item listed, as fabricated.

          iii. Photographs and Drawings: each listing may include images of the materials or products listed but any image that includes specifications (composition, color, measurements, etc) must be depicted for the particular item listed and not a generalized or average unless specified as such.

3. Transaction Processing. Sellers and Buyers using Overstock agree to process payments exclusively using the Overstock PayPal. Overstock will retain 15% of the transaction revenue and remit the balance to Seller. Buyers and Sellers are responsible for reporting their own Overstock transactions, revenue and income as may be required by federal, state or other law and acknowledge that Overstock is not responsible to report or provide legal/accounting advice regarding transactions consummated using the Overstock forum.

4. Delays. If a Seller shall fail or refuse to proceed with an order, or if Seller shall fail to make delivery, or Buyer to accept delivery, according to the delivery schedule, the other party may cancel the balance of any order unless the delay is an excusable delay as hereinafter defined. An excusable delay shall not constitute a default. The term “excusable delay” as used in this paragraph means any delay in making or accepting deliveries which result without fault or negligence on the part of the party involved and which is due to causes beyond its control including, without being limited to, acts of God or of the public enemy, any preference, priority or allocation order issued by the Government or any other act of the Government, acts of the other party hereto, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, and delays of a supplier due to such causes. Each party shall promptly notify the other of any such delay and the cause thereof.

5. Quality. Registered Sellers on Overstock expressly warrant that all goods sold will conform to the specifications, drawings, samples or other description furnished or adopted by the listing, and will be of good material and workmanship, and free from defects, and if the articles are not ordered to Buyer’s specifications, Seller further warrants that they will be merchantable and fit and sufficient for the purpose described in the Listing.

6. Tools and Equipment. Unless otherwise stated, all special tools, dies, jigs, patterns, machinery and equipment needed by Seller to provide a particular product listing shall be obtained by Seller at its own expense and shall be the property of Seller.

7. Seller Responsibilities. a. Sellers are responsible for informing Buyers of the Rules of Conduct and Terms of Conditions with every sale, along with any other applicable laws or regulations for the particular transaction.

     b. Communication received by a Seller in response to a listing that results in the sale of a product other than the listed-product must be the product of a transaction that is processed through Overstock. Seller shall identify the alternate product being sold as a new listing and Buyer shall purchase that new listing using the PayPal system. The failure to strictly adhere to this term shall result in the suspension and/or termination of Seller’s and Buyer’s accounts.

     c. If any of the goods fails to meet the specifications or warranties, if any, contained in the Listing, a registered Seller on notice shall promptly correct or replace the same at Seller’s expense or issue a refund. The Buyer may be required to return, at Seller’s direction, such goods to Seller at Seller’s risk and transportation charges shall, in the absence of an agreement between Seller and Buyer otherwise, be paid by Seller.

     d. Seller shall label containers of all goods which are known to constitute a health, poison, fire or explosion hazard in accordance with the labeling laws of the state of Michigan, whether such goods are shipped or delivered in person.

     e. A Seller may only maintain one Seller account on Overstock unless there exists a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing. Examples of a legitimate business justification include: (i) Seller owns multiple brands and maintain separate businesses for each; or (ii) Seller manufactures products for two distinct and separate companies.

     f. Sellers may not attempt to circumvent the Overstock sales process or divert Overstock customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

8. Buyer Responsibilities. If you purchase goods and/or services on or via the Overstock website, you will be entering into a contract with the registered Seller and Overstock under which you will be liable for payment and such other Terms and Conditions as may be applicable.

     a. Buyer is responsible for its own account with Overstock and responsible for purchases and related services, such as liability cover and delivery, in any transaction between Buyer and a registered Seller on Overstock. Buyer agrees and acknowledges that Overstock is not responsible for and will not have any liability regarding goods purchased from registered Sellers merely by hosting the forum from which the transaction is consummated.

     b. Buyer agrees to pay the fees associated with every purchase and Buyer account. Buyer authorizes Overstock to charge its account for any fees associated with the goods purchased including delivery and service-related charges, if any. Overstock reserves the right to adjust charges after they are initially posted to reflect adjustments by the Seller or a third-party service provider. Overstock may limit or disallow non-user services in its discretion

     c. Buyer will comply with all applicable laws and regulations with respect to goods and services purchased on Overstock.

     d. Buyer agrees that its purchase and use are also subject to the terms, conditions, and other agreements between it and the Seller using Overstock. Buyer is responsible for reviewing and complying with Seller’s Terms and Conditions.

     e. If any of the goods fails to meet the specifications or warranties, if any, contained in the Listing, a registered Buyer must provide notice in writing to the Seller of such non-conformity within three (3) days after delivery.

     f. A Buyer bringing a claim, demand, action or lawsuit against a registered Seller on Overstock regarding a transaction that occurred on Overstock, whether for breach of contract, failure to perform, shipment of defective and non-conforming goods, damage in transit, fraud, or any other contract, tort or equitable theory, shall not include or identify Overstock as a liable or potentially liability party. The violation of this covenant shall constitute an abuse of process entitling Overstock to liquidated damages in addition to its compensatory losses and expenses including actual attorney fees.

9. Limitation of Liability.

     a. Sellers using Overstock shall hold and save Overstock and its affiliated companies, owners and entities, harmless from loss and/or liability of any nature or kind arising out, or existing because, of the infringement or alleged infringement of any patent, trademark or copyright for or on account of the manufacture, sale or use of any goods furnished hereunder. Sellers shall defend, at their expense, any suit brought against Overstock for the infringement or alleged infringement of any patent, trademark or copyright for or on account of the manufacture or sale of any goods furnished hereunder, and shall pay all damages and costs awarded therein against Overstock.

     b. Overstock does not warrant the accuracy of any information, photograph or diagram contained in a listing or that any raw materials will be to specification or that fabricated goods will be sold as specified.

     c. Overstock does not warrant or participate, in any way, in the shipment/delivery or method of shipment/delivery of goods between Buyers and Sellers.

10. Privacy Policy. Overstock will collect some personal information, including but not limited to: Name, Email Address, Phone Number, Company Name, etc. This data will be used only for the purposes of interacting with Overstock Metals.