All of Seller’s quotations are subject to prompt acceptance within 30 calendar days from the date of the quotation.
No sales, use or other taxes are included unless otherwise stated on Seller’s quotation. No installation, utilities or bonding are included unless otherwise stated on Seller’s quotation. Buyer shall not have the right to inspect Seller’s books and records.
To approved credit, payment terms are Net 30 days from the date of Seller’s invoice without retainage. Any invoice or part of invoice, which is not paid to Seller when due shall bear interest at the rate of 1½% per month. Buyer shall pay all collection costs including court and reasonable attorneys’ fees to collect delinquent balances.
Buyer is solely responsible for all necessary building permits from government authorities and associated fees.
Installation, programming, and training, if any, will be performed during normal business hours of 7:30 am to 4:30 pm Monday through Friday excluding holidays. If other than normal business hours are required, additional charges will apply.
Seller shall only be required to furnish material, labor, or services, which are explicitly described in Seller’s quotation. Any items not so explicitly described in Seller’s quotation are not offered to be sold or furnished under Seller’s quotation.
Deliveries will be made based upon manufacturer’s delivery schedule at the time when final approved shop drawings and schedules describing the materials have been furnished by Buyer to Seller and Buyer has furnished Seller with all other information required by the manufacturers of the materials being furnished including but not limited to field dimensions and hardware and door schedules. Seller shall not be liable for delay due to fire, war, natural catastrophes, sabotage, civil insurrection, acts of God, labor disputes, material shortages, or other unforeseeable occurrences, which are beyond the reasonable control of the Seller.
Seller has no responsibility for field conditions whether or not concealed, or conditions preventing or interfering with delivery of materials and performance of work. Buyer is obligated to provide access to the jobsite so that the materials can be delivered in a commercially reasonable manner. If there shall be any alteration in the schedule of deliveries or work so as to increase the Seller’s cost, Seller shall be entitled to compensation thereof. If storage is required, minimum monthly storage charges will be $200 or 1% of the sell price of the materials, whichever is greater.
If the material or work is covered by a change order or order for extra work or materials, no material need be ordered and no work need be performed or scheduled unless or until, Buyer has furnished Seller with a written change order thereof or other written authorization signed by the Buyer and by the Owner or someone authorized to sign on behalf of the Owner describing the extra materials to be provided and the extra work to be performed and stating the agreed price thereof.
Seller warrants only that the materials furnished will be free from defects for one year after delivery, and the work done will be free from defects for one year after performance. SELLER DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN SELLER’S QUOTATION UNLESS SPECIFICALLY MADE IN WRITING AND SIGNED BY SELLER. Notice of any defect in work, labor, or materials or nonconformity of same with the requirements of the contract between the parties shall be given to Seller by Buyer within three (3) days of discovery by Buyer, and Seller shall be given a reasonable time to cure the defect, or nonconformity, or the defect or nonconformity shall be deemed waived. Use of any defective or nonconforming materials without notice of the defect or nonconformity shall waive all claims on account of such defect or nonconformity. Seller shall in no event be liable for any incidental, special, liquidated, or consequential damages.
Seller’s quotation is made in accordance with the provisions appearing in Seller’s quotation, but only in accordance with these Terms and Conditions. All contrary or additional terms appearing in any document previously received by Seller or in an acknowledgement or response hereto are rejected. In the event Seller’s quotation is referred to or in any way becomes a part of the contract between the parties, the provisions of Seller’s quotation including but not limited to these Terms and Conditions shall have priority over any conflicting provisions of any other document. No term in any form used by Buyer shall be binding upon Seller unless Seller has consented in writing thereto. Any response to Seller’s quotation which does not expressly reject it, and any order for any of the work, labor, or material described in Seller’s quotation shall constitute acceptance of all of the provisions, terms and conditions of Seller’s quotation, including but not limited to these Terms and Conditions.