Standard Terms and Conditions for the sale of all products by Eagle Tubular Products, Inc.
Customer Acceptance of Terms & Conditions These terms and conditions shall constitute the entire understanding and agreement between Eagle Tubular Products, Inc., hereafter called "Seller" and the "Buyer", meaning the person, company or entity to which this quotation, order or contract is directed. Any terms, conditions or shipping instructions listed on the buyers purchase order or any other form or document used in connection with the sale pursuant to this contract will be considered void and of no effect unless that document is signed by an Officer of Eagle Tubular Products or if our contract is modified to include any such terms and conditions and signed by both "Seller" and "Buyer". This contract may not be assigned to any other entity or entities without a supplemental agreement agreed to and signed by an Officer of both "Seller" and "Buyer".
Pricing and Payment Terms All products sold by Eagle Tubular Products are sold FOB shipping point. Due to market volatility, pricing is subject to change without notice on all sales quotations until an order or contract is placed and accepted by both Buyer and Seller. All payment terms are subject to credit approval by Seller. Seller reserves the right to demand partial or full payment in advance on any and all orders or contracts. All payments must be in US Dollars. Payment or payments must be made by Buyer within the terms agreed upon by both parties. In the event of delinquent payments, Seller shall be entitled to receive interest on outstanding balance from Buyer of 1% per month of 12% per annum. In the event of any legal action due to nonpayment of any portion of Sellers invoice, Buyer agrees that Seller shall be entitled to recover from Buyer, all reasonable costs and expenses of collection, including attorney fees and Court costs.
Limited Warranty & Limitation of Liability Seller warrants that the products provided will conform to the descriptions listed on our invoice to the buyer, and be within industry standard tolerances and permissible variations. It is understood and agreed that seller's liability, whether in contract, tort, for defective or nonconforming products, negligence, or otherwise, shall not exceed the purchase price paid by buyer and under no circumstance shall seller be liable for exemplary, indirect or consequential damages. At seller's sole discretion, it may arrange to repair, replace, or repay the purchase price paid by buyer for any nonconforming or defective material, if seller is notified in writing within 12 months from the date of seller's invoice. Seller assumes no responsibility for products that are altered after delivery, improperly installed by buyer or buyer's subcontractors or assign's, or soil, environmental conditions, weather, or acts of God that could cause installation problems or failures. This is the sell's sole warranty pertaining to the products provided. Seller makes no other warranty, expressed or implied with regards to merchantability or fitness for any specific purpose.
Delivery/Inspection/Claims All products are sold FOB shipping point. Your order or contract may include freight charges built into your product pricing or to be prepaid by Seller and added to your order and subsequent invoice. All shipping arranged by Seller is contracted to outside parties. Delivery dates are estimates only and not to be understood as a guaranteed delivery date. Seller will assume no liability for any loss, damage or expense resulting from delay or failure to deliver or perform due to any cause beyond its control, such as an act of God, strikes, labor disputes, riots, civil disturbances, fire, flood, war, governmental orders or restrictions, delay in transportation or materials, theft, accidents, or any other cause for which the seller is not solely responsible. If there is no inspection procedure specified or if inspection by Buyer is not made as specified, such inspection shall be waived and once the delivery has been made by Seller, this shall constitute acceptance of shipment by Buyer. Any and all claims from Buyer against coating or paint applied to products must be made prior to unloading the truck or as it is being unloaded, while still on fork truck or crane. No claims for paint scratches or other handling damage will be allowed after the product is unloaded as this damage could have been caused at the delivery site. Claims for shortages, defective or damaged products must be made within 5 days from the date of delivery. Buyer agrees to pay seller reasonable storage fees if Seller is unable to deliver products as the result of any action from Buyer that delays shipment. All completed orders are due and payable 30 days from the scheduled completion or ship date, regardless of whether or not Buyer is able to pick up or take delivery of product or products ordered.
Cancellations/Returns Orders may be cancelled by Buyer only with written consent from seller and may be subject to a re stocking fee. Cut to length, fabricated, and processed orders, along with special order materials, are non-cancellable and non-returnable. Any credit issued or restocking fee imposed is at the sole discretion of the seller.
Compliance with laws, patents and intellectual properties Buyer warrants to seller each of the following: {1} that buyer shall fully comply with all laws, rules and regulations applicable to all products and services provided by seller in this quotation, order or contract. {2} no engineering, design, drawing or specification provided to seller from buyer, nor any contemplated use by buyer of the products supplied by seller, infringe on any patent, copyright or any intellectual property rights. Buyer agrees to hold seller harmless from any claims, actions or legal proceeding arising from the above. {3} Shop drawings created by seller and supplied to buyer are the intellectual property of seller, and are only intended for use by buyer for the specified contract and are not to be re used for any other project or location, nor reassigned to any other person, entity, or company without written authorization signed by an officer of the seller.
Taxes Any and all sales, use, excise or similar tax or charge and all penalties and/or interest imposed by any taxing authority, upon the products and/or services provided within this proposal or contract, are not included in any price quoted. The seller is only obligated to collect sales tax for products sold and delivered within the state of Illinois, or products picked up at our Alton, IL facility, from customers that do not have a re sale certificate.
Choice of Law This sales order or contract has been made in Madison County, IL and will be governed by the state of Illinois. Any and all claims, actions suit's, or proceedings arising from this order or contract will be brought exclusively in a court having jurisdiction over Madison County, Illinois.