TEXAS EROSION SUPPLY, LP.
TERMS AND GENERAL CONDITIONS OF SALE
QUOTATIONS: Price lists and all quotations given, either verbally or in written form, except those dealing with special order units, are valid for thirty days (30) days and thereafter subject to change without notice. All quotations dealing with special order units that will require signing of a Purchase Order by the Buyer are firm for acceptance within forty-five (45) days from the date they are given. All prices given on any Purchase Order signed by the Buyer and accepted by TES are firm for shipment within ninety (90) days. After that period of time, units not shipped are then subject to invoicing and storage charges of 5% of unit price per month. These terms will prevail unless specifically extended in writing by TES.
PAYMENT TERMS: Purchases of all products, other than for cash, are subject to credit approval. Arrangements for open account terms as to any order must be made prior to the acceptance and/or shipment of such order by TES. Should credit terms be disapproved by TES, all materials must be paid for in full prior to their manufacture and/or shipment. Payments on open account are due 30 days Net from invoice date. NO RETAINAGE WILL BE ALLOWED. These conditions will prevail in all cases unless otherwise expressly agreed to in writing by TES. Failure to pay within the time specified herein, or if another time is specified, then after such a time, shall allow TES to charge Buyer interest at the Annual Percentage Rate of 18% on unpaid open accounts and/or Purchase Orders from the due date thereof, together with all costs of collection, as outlined in customer’s application for credit. The foregoing rights are without prejudice to any other lawful remedy of TES.
DELIVERIES: ALL DELIVERY REQUESTS SHOULD BE PLACED A MINIMUM OF 24 WORKING HOURS IN ADVANCE OF DESIRED TIME OF DELIVERY. This is particularly important where a “First Loads A.M.” is desired. All deliveries are scheduled on a first-come first-served basis.
TAXES: All Federal, State, and Local taxes in effect at the time of shipment, shall be paid by Buyer. IT IS BUYER’S RESPONSIBILITY TO PROVIDE TES A TAX-EXEMPTION CERTIFICATE WITH BUYER’S PURCHASE ORDER AT OR BEFORE THE TIME THE ORDER IS PLACED, IF A PARTICULAR PROJECT IS EXEMPT FROM TAXES. If Buyer fails to provide Seller a tax-exempt certificate, Buyer agrees to pay Seller for any taxes subsequently invoiced by Seller, and it will be Buyer’s sole responsibility to recoup any such taxes from the appropriate taxing authority(s).
TRANSPORTATION: All transportation costs, other than those included in the FOB destination prices, shall be paid by the Buyer. Unloading time will be limited to ONE HOUR. Additional unloading time due to a customer’s request to stock or spot products, poor job site conditions, traffic congestion at job site, wait for other crafts or general contractor, etc., will be charged at the rate of $65.00 Net per hour (or fraction thereof). Materials damaged after delivery will not be backhauled, nor will any credit be issued. Buyer, or Buyer’s designated representative, must be available at delivery site to sign Seller’s delivery ticket for materials to be unloaded, unless prior written approval for such delivery is given to TES. Payment for C.O.D. deliveries must also be provided to Seller’s carrier, unless payment has previously been rendered to Seller, before product will be unloaded at delivery site. If a pick-up or delivery of product is performed by Seller, at the request of Buyer, which cannot be performed for any of the reasons outlined in this section, Buyer will be charged by TES standard charges for that delivery. Contact our office for standard delivery charges to your location.
RETURNS: All returned products are subject to count and inspection by TES and credit will be issued only for standard stock items that are in resalable condition at the time of return. Items eligible for return credit will be credited at contract unit prices less a 25% restocking charge. Returns will be accepted within ninety (90) days of purchase. If units are returned via TES trucks, additional transportation charges will apply. Contact our office for return transportation rates for your location prior to scheduling return product pickup. NO CREDIT WILL BE ALLOWED ON ANY RETURNED CUSTOM OR SPECIAL ORDER PRODUCTS.
ESTIMATES: TES assumes no responsibility for the accuracy of the estimates of Buyer’s requirements. The Buyer must supply exact order quantities to TES.
SPECIAL AND CUSTOM ORDERS: Signed Purchase Orders, indicating exact order quantities, are required for “Special” or “Custom” orders, sizes, fabrication, etc. and once accepted by TES are not cancelable in whole or in part. Quoted prices for Special or Custom items are based on the estimated quantities quoted. Purchase Orders for quantities, in total, less than those quoted are subject to price adjustments. TES does not obligate itself to honor original Purchase Order unit prices on subsequent additions/addendums to Buyer’s original Purchase Order. Prices and quotations for “Special” or “Custom” items, given verbally or in writing, are firm for acceptance for only thirty (30) days from date given, unless extended in writing by TES. From date of receipt of signed Purchase Orders, quoted pricing will be protected for shipment within ninety (90) days. After that period of time, units not shipped are then subject to invoicing and storage charges of 5% of unit price per month. Payment for units so billed will be due and payable as per terms set forth in Article 2 herein; and TES maintains with respect to such payments its rights and remedies, including the right to be reimbursed for attorney’s fees and costs as described in Article 6 in the Credit Application Terms and Conditions. Failure on the part of the Buyer to order and take delivery of such standard units may result in a price increase for the special units.
QUALITY AND CLAIMS:
TES’s products are guaranteed to conform only to such specifications quoted or as TES may publish at the time of shipment.
Seller shall not be responsible for damage of product after delivery. Therefore, it is also Buyer’s responsibility to make inspection of products upon delivery. Claims for damaged items, that are visible on the exterior surfaces, must be noted on carrier’s Bill of Lading to be considered for credit, and Buyer shall immediately notify Seller so that Seller can inspect such items prior to their removal from the shipment. IF, FOR ANY REASON, THE PURCHASED OR ORDERED MATERIALS ARE OTHERWISE REGARDED AS
Company Name: __________________ Initials: ___________
TEXAS EROSION SUPPLY, LP.
TERMS AND GENERAL CONDITIONS OF SALE
UNSATISFACTORY, TES MUST BE NOTIFIED BEFORE INSTALLATION IS BEGUN. USE OF PRODUCT BY BUYER SHALL CONSTITUTE ACCEPTANCE. TES’s liability, in respect to claims by any Buyer that material purchased or ordered is defective, shall be limited to accepting the return of that material before installation and then only if TES’s investigation supports the claim. TES will not be liable for and will not recognize any claims made after the start of installation of TES’s products said to be unsatisfactory.
EXCEPT AS EXPRESSLY SET FORTH IN WRITING, TES DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MATERIALS SOLD TO BUYER ARE SOLD AS IS. WHEREAS NOTWITHSTANDING, IF TES FURNISHES TO BUYER ANY WRITTEN LIMITED WARRANTY WITH RESPECT TO MATERIALS, THE LIMITED WRITTEN WARRANTY WILL PREVAIL. TES may provide written certification(s) of compliance with buyers required product specifications on a case-by-case basis, as requested by buyer. Requests for such product certifications must be included, in writing, with buyer’s purchase order. Absent receipt of specific written certification requirements with buyer’s purchase order, TES will manufacture and/or provide products as described in Item A above. Failure on buyer’s part to provide specific written product/certification requirements with buyer’s purchase order will not release buyer of it’s obligations described herein with regard to products manufactured and/or delivered pursuant to buyer’s Purchase Order, in as much as such products are in compliance with Item A above.
TES does not obligate itself to furnish signed receipts for material delivered. Signed receipts may be provided to Buyer on an as-requested basis.
Any charges incidental to inspections or tests made by or on behalf of the Buyer, to determine compliance with specifications, shall be paid by the Buyer unless otherwise specifically agreed to in writing by TES.
FORCE MAJEURE: TES shall not be liable for any failure or delay of performance due to causes beyond its control, including, but not restricted to acts of God or the public enemy, floods, fires, hostilities, war (declared or undeclared), acts of either general or particular applications of any de jure or de facto government or any of its subdivisions, bureaus or agencies, strikes or other labor troubles whether direct or indirect riots, insurrections, civil commotion, loss or shortage of labor, transportation, raw materials or energy sources or failure of any usual means of supply. Should failure or delay in TES’s performance occur because of any of the foregoing, TES reserves the right as to any materials so affected of either canceling the order therefore or delaying performance for a reasonable period of time, during which period of delay the applicable order shall remain in full force and effect. TES shall notify Buyer as to the reason for its failure or delay in performance, and as to whether it has cancelled the applicable order or delayed performance thereunder. If performance is delayed, TES shall also notify Buyer as to the period of time during which delay is likely to continue. TES may allocate available material between its own uses and those of its customers in such a manner as TES may consider equitable. TES shall not be liable under any circumstances whatsoever for loss, damage, or expense directly or indirectly arising from use of material, nor shall TES be liable for consequential or any other damages with respect to any order. For any cause whatsoever, whether beyond TES’s control or not, TES’s liability for failure or delay in performance shall not include incidental and consequential damages.
INFORMATION NEEDED BY SELLER FOR FILING PRELIMINARY NOTICES: Buyer agrees and recognizes that it is a material obligation of Buyer, to furnish all information needed by TES to timely file a Preliminary Notice on any construction project for which TES is furnishing labor and/or materials hereunder.
Company Name: _______________ Initials: ___________ph here.
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