Payment is due within thirty (30) days after the date of each invoice. A service charge of 1 and ½ percent (1.5%) per month, which is an annual rate of eighteen percent (18%), will accrue thirty (30) days after the invoice date. Buyer further agrees that in the event it becomes necessary to place Buyer's account for collection due to non‐payment, Buyer agrees to pay all costs and expenses of collection, including reasonable attorney's fees and court costs. Seller may, at its sole discretion, suspend or cancel any orders and withhold deliveries if Buyer fails to make timely payment.
There are no returns on bagged goods or loose brick. Special order material is non‐returnable. All material is considered special order unless it is stocked in the yard. Only brick, tile, stone or material in a resalable condition and a stock item will be accepted for return. All approved returns are subject to a restocking charge of twenty-five percent (25%) of the purchase price and a return charge if picked up by our truck. All returns must be within 30 days of purchase and accompanied with the original sales ticket. Buyer assumes all risk of loss and damage to materials upon delivery to the carrier or pickup. Seller shall not be liable for any defects discoverable upon reasonable inspection that are not reported within 48 hours of delivery.
Except as otherwise stated in any order, any claim on account of nonconforming materials or for any other cause whatsoever shall conclusively be deemed waived by Buyer unless written notice is given within forty‐eight (48) hours after date of shipment. Seller shall be given reasonable opportunity to investigate all claims, and no materials may be returned by Buyer to Seller until after receipt by Buyer of definite shipping instructions from Seller.
No claims for any reason will be honored after brick, tile or any other materialis installed. Installation of materials constitutes final acceptance by Buyer and a complete waiver of all claims. Buyer assumes all responsibility for the suitability, performance, and fitness of the materials for Buyer's intended purpose once installation has commenced.
Buyer agrees to be responsible for a suitable roadway from public highway to the place where product is to be unloaded. Buyer agrees to be responsible for damage when asked to drive beyond the curb line. The Buyer agrees to pay any and all costs of repairs necessitated by damage to the Seller’s trucks and/orequipment resulting from any cause whatever during the process of delivery on the work site or unloading, including but not limited to inadequate roadways, hidden obstacles, unstable ground conditions, overhead obstructions,or any site conditions. Buyer agrees to indemnify, defend, and hold harmless Seller from any and all claims, damages, losses, and expenses (including attorney's fees) arising from or related to Buyer’s possession, handling, use, resale, installation, and/or deliveries at Buyer's site, except for damages caused solely by the gross negligence or willful misconduct of Seller’semployees.
The material delivered or picked up on this ticket is subject to separately agreed upon prices for material and services. Prices are subject to increase by the amount of any increase in freight charges and in any taxes (including sales, use, excise, manufacturing receipts, gross income, occupationand similar taxes.
Buyer will provide Seller with shipping instructions within a reasonable time before shipments are desired. All orders accepted are based on delivery during our week‐day working hours and as closely as possible to the time specified by Buyer depending on the availability of materials, handling and delivery equipment. Seller makes no guarantee of delivery dates or times, and any delivery dates provided are estimates only. Deliveries requested outside of regular working hours will be subject to an extra charge. Prices are based upon “tail gate” deliveries only. Extra costs for delivery other than “tail gate” shall be determined by Seller. Buyer assumes all risk of loss, damage, or theft of materials upon delivery to the specified location.
Seller shall not be liable to buyer for any failure or delay in manufacturing, shipping, or delivering of productor for Buyer’s damages resulting there from by fire, strikes, lockouts, differences with workmen, accidents, war, delays in securing shortages of labor, transportation fuel or other material; acts of government; delay or failure of any supplier or any cause or causes beyond Seller’s control. In the event of delay or failure or performance not excused under the foregoing, Seller’s liability shall not exceed that portion of the invoice price represented by the quantity of product delayed or not shipped. In no event shall Seller be liable for consequential, special or contingent damages.
Buyer’s exclusive remedy for any claim arising out of this sale shall be limited to the replacement of nonconforming goods or refund of the purchase price, at Seller’soption. In no event shall Seller be liable for incidental, consequential, special, or punitive damages, including but not limited to loss of profits or business interruption.
Special Shapes and Special Production– any item that is not a standard item must have an approved drawing and/or specification. Buyer is solely responsible for the accuracy and suitability of all drawings and specifications provided. Once in the process of production, no changes to quantity or alteration of shapes and/or special products can be made and the total order is the sole property of the Buyer and must be paid for in full. Seller makes no warranties regarding the fitness or suitability of special order items for Buyer's intended purpose.
Where “Brand” products are specified, we reserve the right to substitute materials of equal quality.
If at any time the financial responsibility of Buyer becomes impaired or unsatisfactory to Seller, Seller reserves the right, in addition to any and all other rights of Seller, to require payments in advance or satisfactory security.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, SELLER MAKESNO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, DESIGN, CAPACITY,SUITABILITY, OR PERFORMANCE OF THE GOODS, WHETHER ARISING BY STATUTE, USAGE OFTRADE, COURSE OF DEALING, OR OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOTRELIED UPON ANY STATEMENT OR REPRESENTATION OF SELLER THAT IS NOT EXPRESSLY SETFORTH IN THESE TERMS.
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