1. The customer, person or entity to which a sale or quotation is provided shall be referred to hereinafter as “Purchaser”. All ales and orders are subject to approval by Company’s Credit Department. All goods, products & or materials ordered or sold shall be referred to as “Product”.
2. Quotations are subject to change without notice, unless otherwise specified in writing. Acceptances of orders taken by dealers or representatives of Company are not binding until accepted and acknowledge by an Company manager.
3. All quotations, orders and sales are subject to addition of lawful shipping costs and freight rates (“Freight”) at time shipped, unless provided otherwise. Any increase in Freight costs may be charged to Purchaser on any portion of the order remaining unshipped at time increase becomes effective. Company reserves the right to add a surcharge to prices and/or freight rate to cover increases in fuel and energy costs.
4. All prices are quoted from Products available from Company’s local office and according to Company’s Local Delivery & Return Policies at the time of sale, delivery and return. The policy is available from local sales office or online. If product ordered from other locations, then Freight (railroad, common carrier, Company truck or otherwise) may be added to the price. Any added Freight shall be a separately listed item on the invoice. Company reserves the right to obtain prepayment for all such Freight.
5. If any Product is shipped by railroad, common carrier or other manner not controlled by Company or specified by Purchaser (“Carrier”), then Company shall not be responsible for any shortage or damage incurred in transit. Any loss or damage sustained from such shipping must be immediately reported to Carrier’s agent noting the condition or shortage on Carriers’ freight bill or bill of lading. Purchaser agrees to make any claim for such damage to Carrier, and not Company.
6. All orders are accepted subject to availability of Product, and Company will use reasonable efforts to meet desired delivery schedules but does not warrant delivery by any date. Company shall not be liable for delays caused by any Force Majeure or other cause beyond its reasonable control, including without limitation, acts of God, weather conditions, fire, labor strife, riot, war, terrorism, disruptions or repairs to transportation equipment, fuel shortages, governmental regulations, request or requisition, conservation/limitation orders or regulations;
7. Title to Product delivered by Company shall pass at point of delivery at jobsite or designated location, unless picked-up at Company’s facility by Purchaser or Carrier. The Purchaser will count and inspect Product at time of delivery and immediately notify Company before any Product is unpackaged, installed and otherwise disturbed of any shortage or damage. Company shall have an opportunity to investigate any claim of shortage or damage, and in no event, shall Company be liable unless given otice and time to investigation prior to any of the Product being used or packaging disturbed. Product shall be considered accepted and Company's count shall govern after any use of Product or reasonable opportunity to inspect (not to exceed three days).
8. Any Federal, State or Local Tax in effect at the time of delivery shall be added to the price and paid by Purchaser. If an exemption to taxes is claimed, documentation of the exemption shall be provided to Company at the time the order is placed. If appropriate documentation is not received by Company prior to shipping/delivery, Purchaser agrees to payment of taxes.
9. All Products are manufactured to the specifications and grading rules ASTM International and/or the Facing Tile Institute applicable to that product, if any.. Company makes no other representation regarding its Products.
10. Excess or Mistakenly ordered Product cannot be returned without consent of location manager. Any approved return of Product is subject to restocking charges and provisions of the Delivery & Return Policies at the location where order placed.
11. Prior to accepting an order for any non-Company (third party) manufactured products or the manufacture of any non-standard Company Product, (i.e. special sizes, shapes, shading, blending, textures, etc., whether or not a change or special die is needed, etc.)(“Special Products”), a SPECIAL ORDER CONTRACT may be required along with advanced payment. Once the design and manufacturing process or the third party order has been initiated, the order shall not be cancellable, in whole or part, and no returns will be allowed.
12. NO WARRANTY OTHER THAN THOSE PROVIDED BY MANUFACTURER OF PRODUCT, IF ANY, IS PROVIDED ON PRODUCT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY DENIED BY COMPANY AND WAIVED BY PURCHASER. IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY THEORY OR REMEDY, (CONTRACT, IMPLIED WARRANTY, TORT, NEGLIGENCE, MISREPRESENTATION, DECEPTIVE ACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS OR OTHER DAMAGES, ARISING FROM PRODUCT OR ITS USE.
13. No back charges will be allowed for shorting and/or handling of damaged and/or defective Product. As a condition to any claims, Purchaser shall allow inspection, repair or replacement after verifying Product is not as specified. In no event shall a claim be recognized if product or material has been improperly handled, altered or repaired prior to inspection.
14. Unless otherwise specified, payment is due prior to delivery. If terms are approved in advance by Company’s Credit Dept., then TERMS ARE NET 30 DAYS (full payment of the total amount of invoice within 30 days from the date of the invoice). All invoices are payable at address designated in the “Remit To” section of Invoice, free of expense to Company. If no address is designated, then remit to P.O. 425, Fort Worth, TX 76101. Any past due amount shall bear interest at 18% per annum or the highest lawful rate, whichever is lower.
15. Should Purchaser default in these terms or payment of any amount due, then Purchaser agrees to pay Company all reasonable costs and expenses incurred to enforce and collect payment, including reasonable court costs and attorneys’ fees.
16. These provisions cancel and supersede any previous terms regarding pricing and charges referenced herein and apply to all subsequent orders until changed in writing by Company. The terms and conditions in this document shall control over any other contract terms between the parties for Products supplied by Company. Other than changes to Products and pricing in future orders, no statement or promise, verbal or written, shall in any manner affect or modify any of the provisions in the General Terms & Conditions Of Sale, unless in writing, specifically revising these provisions and signed by an officer of Company.