|Sunward Steel Buildings
Terms and Conditions
|WARRANTIES/SPECIFICATIONS– Manufacturers warranties apply. Specific warranties are available at request of the buyer through the sellers’ account rep. Seller reserves the right to substitute manufacturers as long as the specifications are substantially equal.
DEFINITIONS- Sunward Steel Buildings referenced herein as Supplier or Seller is the supplier for components manufactured by others. Each manufacturer and/or vendor supplies its own warranty. The purchase by the buyer shall be governed by the contract and warranty terms offered by the entity or manufacturer which the Supplier purchased the materials. Supplier does not offer its own warranty however will process, coordinate and negotiate any claims that may arise.
TITLE AND RISK LOSS- Title and risk of loss shall pass to and be borne by Buyer upon delivery of the products to the first carrier or shipper. The buyer is responsible for the inspection upon delivery .The shipping Company is responsible for damaged goods noted at the time of delivery and the Seller shall not be responsible for any damage to products which shall occur during shipment, and no such damage shall relieve Buyer of any obligations to Seller. BUYER AGREES THAT WARRANTY CLAIMS, SHIPPING DELAYS AND OR FREIGHT DAMAGE WIIL NOT AFFECT ANY PAYMENT MADE BY CREDIT CARD, CHECK OR BALANCE DUE, AND SELLER AGREES TO PROCESS VERIFIED CLAIMS IN A TIMELY MANNER WITH IN SELLERS CONTROL.
DELIVERY- IMPORTANT NOTICE: BUYER Products may be shipped by Seller in one or more lots. Stated delivery dates are based upon conditions prevailing at the date of quotation or acceptance of an order and are not binding upon Seller. In no event shall Seller be liable for any loss or damage whatsoever, including any incidental or consequential loss or damage whatsoever, incurred by Buyer as a result of any delay in or failure to manufacture, ship, or deliver the products arising out of acts of the public in the supply of materials, or any other cause, whether similar or dissimilar or any action, beyond Seller’s control. All orders are accepted subject to applicable regulations and orders of government authorities. Unless otherwise expressly stated on the face hereof, all prices are F.O.B. Seller’s point of shipment.
PRICING- Unless otherwise noted, all prices are exclusive of taxes, shipping or transportation costs. Any and all taxes, charges, letter of credit or assignment of funds fees shall be paid by Owner in certified funds prior to unloading. If manufacture’s fabrication or delivery of the building is delayed, whether at the request of the dealer or Owner, or change orders or by reasons of Force Majeure, the building shall be subject to re-pricing to include any increases in labor, material and surcharge costs.
FORCE MAJEURE- Failure of Seller to deliver all or any part, of shipment hereunder, if such failure is due to Act of God, war, labor difficulties, material availability, embargoes, breakdown or damage to Manufacturer’s facilities, shortages of materials or transportation equipment, or any cause beyond either party’s control, shall not subject such party to liability to the other party.
ACCEPTANCE- Owner acknowledges that Manufacturer’s Warranties are limited as set forth in said Limited Warranty. NO CONTRACT, ESTIMATE, OR OFFER TO PURCHASE SHALL BE BINDING UPON SELLER UNLESS AND UNTIL AN OFFICER OF SELLER ACCEPTS SAID OFFER OR VERIFIES SUCH QUOTE BY SIGNING BELOW AND OWNER’S OFFER IS ACCEPTED BY SELLER. If the offer is not accepted, for whatever reason, Seller’s only obligation shall be to return the deposit received to Owner. Cashing or processing of deposits in no manner binds seller to acceptance of this purchase agreement.
SHIPMENT FREIGHT & SHORTAGES– Seller relies on the buyer to perform an inspection and inventory of the goods upon arrival at the job site. It is imperative that any damages and or all claims are noted on the bill of lading at the time of delivery. Failure to inspect and note potential claims shall waive any rights to claims to the carrier or Seller that may otherwise exist.
BREACH OF CONTRACT DEPOSITS– Deposit received from Buyer is offered as security for good faith performance of contractual obligations and for expenses. If the deposit is insufficient, the order is a “special order,” in its sole discretion deems buyers credit to be impaired, seller may demand payment of up to the full contract price prior to shipment. In the event of any breach of agreement, including but not limited, order cancellation:
CONSTRUCTION– Seller is not involved in anyway in construction. Any and all representations and agreements concerning construction, site work, finish work, etc. are between the contractor and Buyer or Buyer’s Customer and do not bind seller in anyway, nor is seller responsible in any way for construction or related items, including without limitation, any contracts, workmanship site work, safety, interior finish work, or project completion. Buyer shall hold seller harmless from any and all claims, losses or damages that seller may suffer as a result of any claim made against it which involves, or is determined to involve construction in any way. Seller may supply the names of (1) potential vendors, which supply additional components, or (2) contractors, which install concrete, erect the building components or perform other work pertaining to the installation and erection of the building components. Seller has not investigated such vendors or contractors. Such provision of names does not constitute any type of recommendation as to their skill or competence. All Buyers must rely solely on their own investigation when selecting a vendor or contractor. Buyer acknowledges that neither contractor nor the erector are agents, employees or representatives of seller.
BACK CHARGES– Verified field corrections due to fabrication or design error from the manufacture may be subject to claim with payments and liabilities limited to the correction cost agreed to by the manufacture. With the manufacturer’s pre-approval of costs and work to be performed, direct labor and/or material costs required to correct errors are eligible for reimbursement: ordinary minor inaccuracies, consequential, equipment, overhead, lost profits, downtime, or supervision costs are not subject to claim. The manufacturer or seller will have the right to recover extra material supplied beyond the contract and rejected material for which a replacement has been provided. Claims shall not be allowed unless Owner has notified the Seller or Manufacturer at the time of discovery, completed a supplied claim form, and afforded the seller reasonable time and jobsite access to inspect the alleged problems and/or builder/buyer is required to provide proper documentation, photos, employee payroll details, etc… directed by the seller or manufacturer to substantiate the claim.
The Supplier, its owners and agents do not warrant the performance, merchantable or fitness for a particular purpose. Final determination of the suitability of the products for any use contemplated by Buyer is the sole responsibility of Buyer. The Supplier shall not be held responsible for costs of installation, consequential, liquidated, or any other costs in excess of the gross profit. This includes but is not limited to delivery delays, defective products, fabrication errors or any claim that arises that was beyond the control of the Supplier.
RETURN POLICY– Custom items supplied for a specific specification or request are non returnable for a refund. Stock items will be subject to a restocking fee, return shipping cost, plus loss profits incurred by seller. Goods must be received in good condition to be eligible for refund or credit.
GOVERNING LAW– This Purchase Order contract is made under, and is to be enforced and interpreted in accordance with, the laws of the State of Colorado. Jurisdiction and venue for any dispute arising out of or in any way related to this purchase order shall be in Jefferson County, Colorado, and the parties irrevocably submit to the jurisdiction of the courts thereof. Any objection to such jurisdiction or venue is specifically waived.
ARBITRATION– The parties agree to make a good faith effort to amicably resolve any dispute arising hereunder or in any way related hereto. If such effort should fail, the parties agree that at Seller’s option, any such dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and any judgment or award rendered by the Arbitrator(s) may be entered in any court having