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Terms & Conditions

1. Contract Price: Defined: Base price together with approved alternates; seamer rental, if any; drawings; fabrication and delivery. Buyer is responsible for taxes, cost of performance/payment bonds, building permits, and other fees as required by federal, state or local laws not specifically stated herein. Buyer acknowledges Seller is a supplier of goods and is not acting as the Buyer’s architect, engineer, contractor, or steel erector. Contract price will also include charges to Buyer in accordance with Paragraph 9 of this Contract describing additional charges for delay. All references to Seller refer to AIM STEEL BUILDINGS, Inc (hereinafter "Seller"). The following terms and conditions as well as the Seller’s Terms of Use for this Website (the "Terms and Conditions") shall apply to any and all sales between Seller and the Buyer and shall not be waived, modified or amended without the express written consent of the Seller's President or Executive Vice-President. Terms contained within any other purchase order or agreement issued by Buyer conflicting with these Terms and Conditions shall be of no force and effect. All sales by Seller of any nature to Buyer shall be made under the provisions of this Agreement. Any documents that Buyer may use for its convenience including, but not limited to, purchase orders or sales acknowledgement forms shall be deemed to be for the administrative convenience of Buyer only, and this Agreement as well as the terms and conditions as stated in Seller's invoices and bills of lading shall supersede and take precedence over any of Buyer's terms and conditions which may be contained on any such forms. All orders are subject to approval and acceptance by Seller.

 

2. Conformity of Goods: Except where this Contract may expressly provide otherwise, the specifications of the goods described herein shall be governed by the recommended code of standard practice for the design, manufacture, sales, and erection of metal buildings latest edition published by the Metal Buildings Manufacturers Association, 1230 Keith Building, Cleveland, OH 44115. In the event the Metal Buildings Manufacturers Association’s standards are silent as to the interpretation of a specification of the goods, the Uniform Commercial Code, Article 2, under the laws of the State of Texas shall govern. Any non-conformity in the goods shipped must be reported within 24 hours to Seller or Buyer waives any remedies for non-conforming goods.

 

3. Specifications and Building Code Compliance: The specifications as detailed in this Contract shall govern in all instances including, but not limited to, where the related drawings indicate a specification or addition to the contrary. The Buyer, evidenced by clicking the I agree button, accepts this provision and is solely responsible for the accuracy of the specifications as detailed in this Contract. That is, it is the sole responsibility of the Buyer to verify the specifications as contained in this Contract to the Buyer’s drawings and local building and insurance codes for conformity, and any non-conformity shall be interpreted in favor of the specifications in this Contract.

 

4. Compliance with State and Local Building Codes: It is solely Buyer’s responsibility to verify that the building codes stated on the front of this Purchase Order complies with local building and insurance codes. Buyer understands and agrees that local ordinances are outside of the scope of the Seller’s knowledge and that Seller assures only that the building will meet specific loadings as stated in the Purchase Order.

 

5. Adopt UCC Terms: Unless specifically defined herein the terms used in this Contract shall be defined by the Uniform Commercial Code §2-103. In addition, the definition and principles of construction set forth in Article 1 are applicable. Except where otherwise expressly stated in this Contract, all terms herein employed shall have the same definition as set forth in the UCC in the State of Texas.

 

6. Variation of Conforming Goods: The goods must conform to the specifications set forth in this Contract except that variation is permitted in quality or quantity if the variation is in accordance with seller's standards or usage of trade customs.

 

7. Permit Hold Orders: In some instances an order is placed on "Permit Hold" status, either at the request of the Buyer or at the unilateral discretion of Seller. When an order is placed on Permit Hold status, one or more sets of permit drawings, which are to be submitted as part of the permit application, are forwarded to Buyer by Seller. When Buyer obtains necessary permits, Buyer must submit to Seller a written request to release the order for fabrication and written notification that Buyer has obtained the necessary permits. Buyer is subject to any cost increases which Seller incurs after the date the order was placed with Seller. Should Buyer be subject to any such price increase, Seller will provide Buyer with a Change Order which specifies the adjusted price. Buyer shall be required to sign and return the Change Order within ten (10) business days from the date that the Change Order was shipped to Buyer. In the event Buyer fails to return the signed Change Order within that period of time, Seller shall consider the order to be cancelled and Buyer’s deposit will be forfeited.

 

8. Changes, Extras, or Discrepancies in Plans or Contract Provisions: Buyer may request changes or add extras. Seller shall only be bound to comply with changes or extras which have been approved by Seller and a change order signed by the Buyer or Buyer’s agent. The change order shall specify the change and the contract price will be modified accordingly. All change orders shall be subject to these terms and conditions.

 

9. Delay: Seller shall not be liable for any loss, cost, or damages which Buyer may suffer by reason of Seller’s delay. If any of the following events occur, Buyer shall bear the expense for delay. The events are:

•  a) Buyer, its agents or employees, notifies Seller to place order on “hold” until further notice;

•  b) Buyer delays delivery of parts after fabrication has begun.

 

In the event a) above occurs, Seller may then charge Buyer whatever cost or damages Seller incurred by reason of the delay, including incidental and consequential costs. In the event b) above occurs, Seller will immediately invoice Buyer and Buyer’s payment is due upon receipt of invoice.

 

10. Risk of Loss: Other Liability: Buyer understands and agrees that the Seller has contracted with the carrier of the goods as described in this Contract and that the carrier shall accept risk of loss while the goods are in transit. Immediately upon arrival of the goods by the carrier and prior to unloading same, Buyer shall bear risk of loss as to any parts of the shipment, personal injury (i.e. for unloading) and any other liability which may occur. Seller shall not be responsible for spotting, switching, drayage, demurrage or other transportation charges unless agreed to in writing prior to delivery. Buyer shall hold Seller harmless from any loss, costs, claims, suits, damages, and attorney’s fees arising from any alleged or real injury (including death or total destruction) to any person or property which arises out of work performed or materials supplied hereunder.

 

11. Representative’s Authority: Buyer understands and agrees that no agent, employee, or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods sold hereunder or the building to be erected therefrom, which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact or representation made by any such agent, employee or representative which is not set forth herein shall not bind Seller.

 

12. Delivery and Payment: All shipments shall be F.O.B. factory. Contract price shall be paid by Buyer with cashier’s check payable to Seller or its assigns (together with any balance due on the purchase price) prior to unloading shipment at its destination. Seller does not guarantee date of delivery and in no event shall be responsible for delay damages. Seller will exercise good faith in working toward requested delivery dates. No statements made by Seller’s agents or employees with regard to delivery dates shall be binding to Seller. Buyer is responsible for demurrage charges from truck line. Payment may be required immediately upon receipt of invoice by Seller and prior to Buyer’s receipt of building in accordance with Paragraph 10. The Seller shall provide Buyer with a packing list of materials to be delivered. Buyer shall inventory the materials at the time of delivery or waive any discrepancies.

 

13. Assignment of Contract: In the event of default by Buyer of any of its obligations hereunder, Buyer hereby irrevocably appoints Seller to act as its agent and attorney-in-fact to sell the building to any third party at the same price as on the face of this contract.

 

14. Option of Seller to Deliver in Installments: Seller shall have the option to deliver goods in two or more installments as Seller shall elect.

 

15. Limited Warranty: Seller warrants only that its products are free from defects in materials and workmanship on the date of shipment from its plant. The Seller’s obligations under this warranty shall be limited to repairing or replacing (but no dismantling and installing) such products which prove to be defective within one (1) year from the date of the original shipment by Seller, provided, however, Buyer has performed maintenance for the general upkeep of the building. Any products repaired or replaced shall be subject to warranty only for the remainder of the time applicable to the original warranty period. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE OF THIS CONTRACT, INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND WHATSOEVER. Seller shall, in its sole discretion, determine whether correction of any defect or failure under this warranty shall be by repair or replacement. Seller’s liability shall not arise unless repairs are made under the supervision of, or with written approval, of Seller. Shipping costs incurred in returning defective material shall be paid by Seller if such shipment is authorized in writing by seller. If the product is defective, return shipment shall be prepaid by Seller. Title to any returned materials shall pass immediately to Seller. This warranty excludes accessories, parts, or attachments, including but not limited to doors, hardware, windows, and ventilators. Seller does not warrant products that are not manufactured by Seller except to the extent of the warranty that Seller may actually pass through or assign from the manufacturer. Buyer acknowledges, agrees and stipulates that oilcanning of materials shall not be a cause of rejection of materials. Notwithstanding the foregoing, installation of materials shall unequivocally constitute acceptance of materials.

 

16. Maintenance: Roof and wall panels should be cleaned on a regular basis to prevent staining or discoloration of panel finishes. Buyer should take precautions to properly maintain the building once erected to insure that no damage is caused by the accumulation of snow or ice on the top, ends, or sides of the structure.

 

17. Forfeiture: Buyer has placed on deposit with Seller an amount as described on the front of this Contract. This deposit is required for expenses Seller shall incur in the preparation of buildings drawings. Buyer understands that drawings are commenced immediately upon receipt of Buyer’s order. Therefore, in the event of cancellation or other breach of Buyer’s obligations under this Contract, the deposit shall be retained by Seller as liquidated damages. Buyer agrees that this represents the approximate damage to Seller due to the breach of Buyer and is not intended in any manner to be a penalty.

 

18. Governing Law: This Contract shall be governed by and construed according to the laws of the State of Texas.

 

19. Jurisdiction and Venue: Notwithstanding the Arbitration Clause, it is agreed by and between Buyer and Seller that all disputes or other matters whatsoever arising under, in connection with or incident to the Contract shall be litigated, if at all, in and before a court located in Houston, Texas to the exclusion of the courts of any other state, territory or country. Buyer hereby waives any jurisdiction or venue objections that Buyer may have to any such action or proceeding being brought in any court located in Houston, Texas.

 

20. Attorney Fees: In the event Buyer in any manner defaults or breaches the terms and conditions of this Contract, or threatens to do same, or in the event it becomes necessary for Seller to employ an attorney to enforce any provision of this Contract, obtain injunctive relief, collect damages on account of a breach or threatened breach of this Contract, or if Seller prevails in a tort action commenced by Buyer, Buyer shall pay to Seller, Seller’s attorney fees and costs.

 

21. Separability Provisions: Each provision of this Contract shall be considered separable and if for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Contract which are valid.

 

22. Cancellation: In the event of cancellation, Buyer agrees to pay Seller for any and all costs and damages occasioned by the cancellation hereof.

 

23. Inspection: Claims for shortages or defective materials must be made to Seller in writing within two (2) days after delivery of shipment (which the Parties agree is a reasonable time) or claim shall be conclusively waived.

 

24. No Incidental, Special or Consequential Damages: Notwithstanding any other agreement to the contrary, Buyer hereby agrees and stipulates that Seller shall not be liable for any incidental, special, liquidated, compensatory, expectation, exemplary or consequential damages, which Buyer may suffer for any reason, including reasons attributable to Seller.

 

25. Force Majeure: Seller shall not be liable to Buyer for liquidated damages, back charges or loss of use to Buyer arising out of any delay or any other reason in carrying out this Agreement. Under no circumstances shall Seller be liable in any way to Buyer, building owner or any other party for delays, failure in performance, or loss or damage due to force majeure conditions including, without limitation: fire; flood; epidemics; quarantine; lightening; strike; embargo; explosion; power surge or failure; acts of God; war; labor or employment disputes; civil disturbances; acts of civil or military authority; inability to secure materials, fuel, products or transportation facilities; acts or omissions of suppliers; or any other causes beyond Seller's reasonable control, whether or not similar to the foregoing. FURTHER, BUYER HEREBY AGREES AND STIPULATES THAT, IN THE EVENT SELLER RECEIVES NOTIFICATION OF A SCHEDULED PRICE INCREASE FROM ANY OF ITS SUPPLIERS BETWEEN THE DATE OF THIS AGREEMENT AND THE DATE SCHEDULED FOR DELIVERY OF THE MATERIALS COVERED HEREBY, SELLER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO INCREASE THE PURCHASE PRICE STATED HEREIN IN AN AMOUNT CORRESPONDING TO SAID PRICE INCREASE. Buyer agrees this limitation of Seller's liability is reasonable. Buyer further agrees that this limitation of Seller's liability is part of the consideration for this Agreement and is reflected in the amounts charged by Seller hereunder. Buyer intends that this limitation on Seller's liability be liberally construed in favor of Seller to eliminate any other liability of Seller other than repair or replacement of defective products.

 

26. Waiver of Trial by Jury: EACH PARTY HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH RESPECT TO THIS AGREEMENT AND/OR THE AGREEMENTS, INSTRUMENTS AND DOCUMENTS CONTEMPLATED HEREBY OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITH. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE. EITHER PARTY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER.

 

27. Indemnification: BUYER ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR ACTIONS BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH, TO PERSONS OR DAMAGES TO OR DESTRUCTION OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT BY BUYER, ITS AGENTS AND EMPLOYEES, AND ITS SUBCONTRACTORS, THEIR AGENTS AND EMPLOYEES, INCLUDING CLAIMS OR ACTIONS FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED ACTS, OMISSIONS OR NEGLIGENCE OF SELLER, SELLER'S REPRESENTATIVES, OR THE EMPLOYEES, AGENTS, INVITEES, OR LICENSEES THEREOF. BUYER FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SELLER AND ITS REPRESENTATIVES, AND THE EMPLOYEES, AGENTS, INVITEES AND LICENSEES THEREOF IN RESPECT OF ANY SUCH MATTERS AND AGREES TO DEFEND ANY CLAIM OR SUIT OR ACTION BROUGHT AGAINST SELLER, SELLER'S REPRESENTATIVE, AND THE EMPLOYEES, AGENTS, INVITEES AND LICENSEES THEREOF.

 

28. Entire Agreement: These Terms and Conditions, the scope of work stated on the face of your Purchase Order as well as Seller’s Invoice and Bill of Lading including their respective terms and conditions contain the total agreement of the parties and all agreements entered into prior to or contemporaneously with the exercise of this Contract are excluded whether oral or in writing.