Terms and Conditions of Sale
- Acceptance. No order shall be binding upon us until
accepted in writing by an authorized official at our Home Office.
- Freight. All prices are F.O.B. our dock or point of
shipment, or as otherwise stated. Air Freight shipments will be made
upon request, and will be sent F.O.B. shipping point, FREIGHT COLLECT
- Catalogue Weight, Dimensions and Design Loads. Catalogue
weights and dimensions are careful estimates but not guaranteed. Load
designs are based on tests as submitted or by calculations of static
load applications. In most cases, the load is stated with applicable
factor of safety.
- Errors. Should an error be made filling an order, notify us
promptly and we will immediately attempt to adjust the matter without
expense to purchaser.
- Cancellations. Cancellation of orders will be accepted only
with the understanding that we will be reimbursed for expenses
incurred as a result of the cancellation. Order for special or non-catalogued
items are not subject to cancellation after production is started
under any circumstances.
- Returned Material. Permission to return any standard
merchandise must be obtained in writing form Home Office in Houston,
Texas. Request to return merchandise must be made within 120 days from
the date of shipment and subject to the following conditions:
- Return transportation must be prepaid
- Material not in first class, salable condition, will be subject
to the cost of reconditioning
- Merchandise credit will be allowed on the basis of the price
charged for the merchandise, less a minimum handling charge of 25%
for merchandise in standard packages, 30% for merchandise in less
than standard packages, and less any outbound freight allowed or
paid by us. Returns will only be considered for standard catalogue
items, and in normal quantities determined by the Company. Any
special or non catalogued items are not subject to return for credit
under any circumstances.
- Delivery. The estimated shipping date is based on
production time required to process the order commencing with the date
the order is received by us. If it is necessary to revise the design,
specifications or conditions of sale, the shipping date shall be
automatically extended by the period of time required to actually
achieve mutually agreed upon corrections or adjustments of the design,
specifications or conditions of sale.
- Damage or Loss in Transit. Delivery of goods to a carrier
at our plant or other shipping point shall constitute delivery to
purchaser regardless of freight payment. All risk of loss or damage in
transit shall pass to purchaser at that time. Purchaser shall make
claims for loss or damage to goods in transit against the carrier. We
will assist purchaser in securing satisfactory adjust of such claims.
- Warranties. We guarantee to repair or replace, at our
option, any products we find in our sole discretion to be structurally
defective in material or workmanship for a period of five (5) years
from date of delivery to purchaser. Such warranty specifically
excludes repair of non-structural rust damage to products. Our
obligation with respect to material found by us to be defective shall
be limited to replacement or repair and in no event shall we be liable
for transportation to or from our factory, installation, adjustments
or any expenses or damages arising in connection with such material.
- Limitations of Liabilities.
- Except as specifically provided in this agreement, we make no
warranties, expressed or implied, and specifically disclaim and
warranty of merchantability or fitness for a particular purpose.
Purchaser's right to recover damages for any reason whatsoever shall
be limited to the total of amounts paid by purchaser for purchase of
- Neither we nor our affiliated parties shall be liable for any
indirect, incidental or consequential damages, foreseen or
unforeseen, including lost profits, sustained in connection with the
use of product provided under this agreement, regardless of the form
of action, whether in contract or in tort, including negligence,
strict liability or otherwise.
- Any action against us must be brought within 12 months after the
cause of action accrues. We shall not be liable for any delay in
performance due to causes beyond our reasonable control. We shall
not be liable for any delay, loss, damage, or product failure
attributable to any equipment or actions of any person other than
ourselves, our employees and agents.
- Claims. Claims for defective material, shortages, delays,
failures in shipment or delivery for any other cause shall be deemed
waived and released by purchaser unless made IN WRITING WITHIN 30 DAYS
AFTER ARRIVAL OF MATERIAL. Under no circumstances shall purchaser
install damaged or defective material if claims are to be made.
- Liability for Misuse. We shall not be liable for damages to
property or persons due to improper installation of our material or
through attempts to utilize the material under conditions which exceed
the designed capabilities. Purchaser agrees to indemnify and hold us
harmless from any and all claims, liabilities, damages, costs and
expenses asserted against us or incurred by us because of injuries to
persons or damages to property resulting from the improper
installation or misuse of the material.