Our conditions of sale:
Toggle proposals are intended for prompt acceptance and are subject to change without notice.
You agree to carefully check material against shipping papers upon unloading by you at destination. No claims for shortages or for improper, defective or damaged material will be recognized by us unless notice specifying in detail the nature and extend of the shortage defect or damage is telephoned, or written notice mailed to our office, within five
(5) working days from unloading accompanied, in case of claim for shortage or damage, by original shipping list or freight bill with a notation on the face thereof by your agent as to the items and quantity short or damage. Seller shall have the right of inspection within (5) working days thereafter at the job site without penalty.
Upon receipt by us of above notice, so substantiated, we agree to replace such shortages and material not up to contact requirements. The seller shall not be subject to any other or further liability and no claims for labor or for consequential damages will be allowed. We will in no case pay or be liable for any claims resulting from use of improper, defective or damaged material, and no claims will be allowed on account of any purchases or returned material, unless authorized in writing by our representative.
When the seller is requested by purchaser to ship material from unapproved, detailed drawings, seller shall not be held responsible for omissions, subsequent corrections or additions of material that later appear on approved plans and are required.
Contingencies beyond our reasonable control (including lockouts for reasonable cause, strikes, accidents, fires, riots delays in transportation and inability to obtain material from mills) shall be sufficient excuse for any delay in delivery.
Material shall be at your risk from delivery by us to carrier at F.O.B. shipping point.
Where material is to be delivered by truck, we will deliver alongside curb at point nearest the job site where there is a passable pavement.
Prices to be increased or decreased to extent of increase or decrease in freight rate from basing point to destination at date of shipment as compared with rate at date of quotation.
We assume no responsibility for the design on these jobs where we prepare placing drawings from designs furnished by others.
Your failure to furnish lists of material to approve placing drawings, or to make payments as provided herein will entitle us to stop shipments without notice to you, to retake possession of any shipments already made, and, upon notice to you, to cancel the unexecuted portion of the contract and to hold you for damages.
Title to material shall remain in us until payment in full by you.
All terms and limits of credit specified herein are subject at all times before and after acceptance to be changed, or withdrawn by us, and if credit is withdrawn, we at our option may refuse to ship any more material unless cash is paid in advance.