TERMS AND CONDITIONS OF SALE
A. The venue for any and all disputes arising out of the sale, delivery, and/or placement of materials and/or services between the parties shall be venued in Montgomery County, New York. Seller
reserves the right to change venue in its sole discretion to any county within New York State.
acknowledges and accepts the assessments of additional charges for vehicular waiting time, exceeding a fifteen (15) minute delivery time period at the site of product discharge. Vehicular waiting time charges shall be assessed at a rate of $1.50 per minute beyond the established delivery time period. Additional and separate charges may be assessed for less than full vehicular loads. The cost of all additional charges shall be subject to modification without notice at the sole discretion of Sellers
C. Terms and Conditions of Sale. Prices as offered do not include state, county or city sales tax. All invoices are due net 30 days from delivery unless alternate arrangements are granted. In writing, by Seller
; invoices remaining delinquent beyond 30 days shall bear a 1 1/2% monthly finance charge (18% per annum); Purchaser
hereby accepts liability and responsibility for payment of reasonable attorney's fees, costs and expenses incurred by Seller
in recovering any delinquent indebtedness referred to an attorney for recovery. The Purchaser
will within 48 days after receipt of invoice, inform by mail any dispute with the invoice, price, quality or quantity of the product(s). The Purchaser
agrees to reimburse Seller
for any costs, including filing of mechanic's liens and or attorney's fees incurred by Seller
for defending itself against any legal action brought by Purchaser
D. SELLER DISCLAIMS ANY AND ALL EXPRESS WARRANTIES RELATING TO THE MATERIALS OR SERVICES. SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY RELATING TO THE MATERIALS OR SERVICES. SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR THE PARTICULAR PURPOSE EXTENDED TO OR RELATING TO THE MATERIALS AND/OR SERVICES.
E. The Purchaser
agrees to provide suitable roadways or approaches to points of delivery other than on paved streets. The Seller
reserves the right to stop deliveries if the roadways or approaches are unsatisfactory to him. Any special equipment required to move Seller's
equipment while on the Purchaser's
job site will be the responsibility of Purchaser
subject to Seller's
approval as to equipment to be utilized. If the Purchaser
orders deliveries beyond the curb line, the Purchaser
assumes all liability for damages to sidewalks, driveways or other property and agrees to indemnify the Seller
against all liability loss and expense incurred as a result of such delivery, including damages to the Seller's
equipment and loss of time, for any damage, direct or indirect, resulting from the delivery. The Purchaser
will mark out and make the Seller's
driver directly aware of any and all safety hazards, either known by the Purchaser
or should have been known by the Purchaser
through a reasonable inspection of the premise.
is responsible for companies with all local, state and federal safety requirements. Purchaser
shall fully indemnify Seller
from any violations of safety requirements, which results, directly or indirectly, from acts or omission of the Purchaser
or its agents, servants, or employees. Purchaser
hereby expressly agrees to hold harmless and fully indemnify Seller
from any damages incurred by Seller
as a result of the delivery of concrete for and on behalf of Purchaser
will have the right to inspect the goods upon receipt of delivery while goods are still on the truck. Purchaser
must reject goods immediately after receipt of delivery with just cause and signed documentation detailing witnessed issue. Failure of Purchaser
to comply with these conditions will constitute irrevocable acceptance of the goods by Purchaser
accepts payment liability for all material ordered and subsequently canceled.
agrees that a $30.00 fee will be imposed for returned check (General Obligations Law 5-328). In addition if Purchaser
fails to pay for a dishonored check after, it may be sued for the value of the check plus double damages up to $750.00 (General Obligations Law 11-104).
acknowledges that it has or will obtain from Seller's
, a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) prior to the acceptance and use of all products. Failure of the Purchaser
to obtain the MSDS or SDS is a direct waiver, with prejudice, of all rights and remedies at law that Purchaser
may have now or will have in the future against Seller
acknowledges that any changes made to the CJAEC will supersede any prior CJAEC. It is understood that the Seller's
delivery of goods to the Purchaser
constitutes the Purchaser's
acceptance of the Offer and the terms and conditions of the CJAEC in the absence of the buyer's signature. It is also understood that any offer or delivery ticket that fails to disclose necessary terms and conditions will be governed by the CJAEC.
K. The Seller
will exercise diligence which is normal and customary within the industry to assure that its products meet all acceptance criteria upon arrival at the site. The Seller
has no control over the acceptance testing procedures or equipment and hence assumes no liability concerning the possible rejection of materials.
L. In the event of a claim or back charge, the maximum amount of such claim shall not be greater than the cost of the products supplied during the instance of the event creating the back charge. Warranty is limited to supply of replacement material, or credit for cost of same material, at our option.
Additional Terms - Customers with credit accounts, please see the terms and conditions of the credit agreement.