1. General: The term “Seller” shall mean Industry Mart. The party who receives a quotation from and/or who places an order with Seller is referred to herein as “Buyer.” “Products” means all materials, merchandise or goods that are the subject of the parties’ transaction.
2. Quotation: Unless previously withdrawn or otherwise stated, Seller’s quotation is valid for ten (10) days from date of quote. Used Products are subject to prior sale.
3. Acceptance: All orders are subject to Seller’s acceptance. A Buyer purchase order or signed quote is required to process Seller’s order. Any different, conflicting, or additional terms contained in any Buyer Purchase Order or other ordering document are hereby specifically rejected unless expressly approved of in writing by Seller.
4. Payment: Standard terms of payment for established accounts are net thirty (30) days after date of Seller’s invoice, unless otherwise specified. Deposits or advanced payment may be required. Unless otherwise agreed, any deposit required by Seller shall be nonrefundable.
5. Delinquent Charges: A service charge of 1.5% per month (18% per annum) will be added to any account not paid within terms of sale. A delinquent account is subject to additional litigation and attorney fees to be paid for by Buyer.
6. Taxes: Prices stated are in U.S. dollars and do not include local, state, or federal taxes, which are in addition to the purchase price and must be paid by Buyer. All foreign duties and taxes are the responsibility of the Buyer. Unless Buyer furnishes Seller with a tax exemption certificate, Buyer will pay to Seller any tax on the Products or the Products’ use, however designated, levied or based by any taxing authority, whenever Seller must pay the tax
for Buyer according to applicable law.
7. Shipment: Unless specifically stated otherwise, the Products shall be shipped F.O.B. point of shipment, and freight charges are the responsibility of Buyer. Shipping and/or delivery timing is approximate. Unless otherwise specified, quoted freight is only an estimate based on optimized loads and current rates. Additional charges may be incurred.
8. Buyer Postponement: In case of Buyer’s postponement of delivery date, paymentshall become due in full upon the originally scheduled date or when Seller is prepared to make shipment – at Seller’s discretion. Buyer is responsible for any additional storage or transportation fees incurred.
9. Claims: Seller is not liable for damage or loss of Products once it hasleft the ship point. Buyer is solely responsible for inspecting Products immediately upon receipt and prior to any installation or use of such Products. Claims for loss or damage should be made directly to the transportation company at once.
10. Specifications: Buyer assumes all risk and liability with respect to results obtained by the use of Products whether used alone or in a combination with other products. Seller assumes no liability for any design specifications, plans, drawings, or other descriptions based on information solely from Buyer or any other party. Buyer acknowledges and agrees that it has the responsibility to advise Seller with respect to any applicable laws, codes or
governmental requirements related to the intended use of the Products, and that Seller assumes no liability or responsibility for otherwise identifying or complying with such laws, codes or requirements. Unless Seller performs installation (as included in quotation and accepted order) Seller is in no way responsible for actual installation of the Products. Weights, capacities, and otherspecifications are for information purposes only.
11. Permitting: Unless otherwise specified, Seller’s quotation does not include any permitting fees, or fees required for stamping and engineered drawings.
12. Seismic: The material quoted is for areas of low seismic risk; seismic zone 0 unless stated otherwise. Seismic compliance is the Buyer’s responsibility.
13. Warranty: Seller warrants that the goods are as described in the agreement, except for a separate written warranty given by Seller with respect to certain goods. Seller makes no other warranty of any kind, expressed or implied.
14. Limitation of Liability: In no event shall Seller be liable to Buyer for any consequential, incidental, special, or punitive damages regardless of whether an action is brought in tort, contract, or any other theory and whether arising under this sales quote or otherwise with respect to the sale of materials or provision of labor, including, without limitation, any lost revenues or profits, business interruption or damage to business reputations, even if Seller has been advised of the possibility of said damaged. Buyer agrees that in no event will Seller’s entire aggregate liability (in tort, contract, warranty, or otherwise) to customer exceed the aggregate amount of fees actually paid by Buyer to Seller for the materials and/or labor that give rise to the dispute, or any defective portion thereof, whichever is the lesser amount. The limitations in this paragraph shall apply even in the event of a fundamental breach of the terms of this sales quote or failure of the essential purpose of any term of this sales quote.
15. Cancellation and Modification: Orders cannot be cancelled or modified without written consent from Seller and upon terms and conditions that indemnify Seller against all loss.
16. Returns: Material shipped as ordered cannot be returned unless authorized in writing by Seller. If return is allowed per above, merchandise must be shipped freight prepaid, and a 15% service and re- stocking charge may apply. Any cost incurred by Seller to put returned productsin first class conditions will be charge to Buyer.
17. Compliance: Accordance with state and local laws and codes are the responsibility of the Buyer.
18. Credit Card Fee: There will be a 2.5% convenience fee on all credit card purchases over $2,000 (total after tax) and a 3.5% convenience fee on all manually entered credit card transactions. If required, the 3.5% fee will supersede the convenience fee.
19. Used Equipment: Buyer acknowledges and understands that USED Products are used and sold “as is” and “subject to prior sale”. Buyer is solely responsible for safe usage per RMI standards, local codes, and the manufacturer’s specifications and design. Buyer is responsible for ensuring manufacturer’s beam locks function and are engaged on used stepbeams and/or that additional safety bolts are installed. Seller disclaims all warranties and merchantability and fitness for a particular purpose in connection with any used material.
20. Installation Site Conditions: Upon acceptance of installation offered by Seller, Buyer is responsible for providing agreed upon access to a clear work area free of any obstacles and/or impediments. Buyer is responsible for a trash receptacle for dunnage and all expense associated therewith. Buyer’s floors must be swept, clean, and sealed prior to installation commencement. Seller is not responsible for dust accumulation during and after installation. If outside staging of materials is required in unpaved areas, Seller is not responsible for mud, dirt, and /or rust on materials. Buyer delays will require additional charges.
21. Delivery: Unless otherwise specified, delivery charges are based on Buyer unloading with Buyer-provided forklift. Hand-unloading will incur additional charges.