1. Payment Terms: Unless otherwise specified and subject to purchasers credit approval, payment for materials furnished or installed under this contract is due thirty (30) days after their receipt by the purchaser, without any retention. A deposit may be required for large orders and/or special order items. Returned checks and balances older than 30 days may be subject to additional collection fees, including all accounting and attorney fees, and interest charges of 1.5% per month. Accounts with a past due balance will be placed on “hold” for any additional orders until balance is paid in full, or a satisfactory payment plan has been established.
2. Material Delivery: Unless otherwise noted, the quoted prices include delivery F.O.B. job site with maximum legal loads. F.O.B. jobsite means truck delivery as close to the job or accessible storage area as practical, with the truck operating under its own power. The purchaser agrees to provide suitable access for delivery trucks (without pushing or towing) by properly preparing the unloading site at the time of delivery. Pipe unloaders are available for Tongue and Groove Pipe for sizes 12”-48” in 8 foot joint lengths. All Profile Rubber Gasket RCP, Precast Box Culverts, Four Foot RCP, and specialty Precast Products will require unloading by the purchaser. One hour is the maximum time allowed for unloading on the jobsite, a service charge of $75.00 per hour will be charged to the purchaser for truck delayed on jobsite.
3. Purchase Orders: Gossett Concrete Pipe does not require purchase orders, however if your accounting department requires purchase order numbers on invoices, please advise us at time of order.
4. Returns: All sales are final. All products that are accurately ordered and furnished on a job may not be returned for refund or credit.
5. Notice regarding Defective Materials: Should the materials delivered not conform to the requirements of this contract, or be otherwise defective, purchaser shall provide written notice to the seller within (7) days of the date of delivery.
6. Submittal Approval: Unless otherwise stated, the materials sold under this contract are pre-engineered products which are manufactured in accordance with ASTM standards, and are not intended for unusual or specific application. In the event that purchaser requires specially engineered materials, production of said materials shall be accomplished in accordance with approved shop drawings signed by the purchaser.
7. Safety: The Purchaser agrees to provide a safe delivery site and comply with all Federal, State, and local safety requirements. The purchaser agrees to hold seller harmless and to defend any and all actions, claims, suits, or proceedings that may subject the seller to liability due to the purchaser’s failure to properly handle the product or provide a safe site for delivery.
8. Purchasers Bankruptcy: Should the purchaser become bankrupt or insolvent during the period covered by this contract, the seller may immediately terminate this contract by written notice to the purchaser. This termination shall not prejudice seller’s rights to the amounts then due under this contract.
9. No damages for delay: The Purchaser agrees that, in further consideration of the compensation set forth herein, the seller will not be liable, for any damages or costs incurred by the purchaser due to delays in the approval, delivery and/or installation of said materials.
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