Terms and Conditions
Patriot Truss & Components LLC’s (“Patriot”) Terms and Conditions govern the sale of goods, equipment, and services by Patriot. As used herein, "Purchaser" means the party identified on the Sales Invoice, and "Contract" means the Sales Invoice and these Terms and Conditions. The Contract between the parties supersedes any oral quotation that may have been furnished by Patriot to Purchaser with respect to Patriot’s goods, equipment, or services (collectively, “goods”). Any different or additional terms in Purchaser's offer or acceptance are hereby objected to and rejected; however, any such different or additional terms shall not operate as a rejection of this Contract unless the description, quantity, price, or delivery schedule is materially affected.
1. Estimates/Quotes. Estimates/Quotes and related pricing are good for 7 days from the date issued (unless otherwise written on face of estimate) and may be withdrawn by Patriot at any time prior to timely acceptance. Patriot agrees to only supply the goods listed on an Estimate/Quote at the unit prices shown subject to the Terms and Conditions stated herein. An Estimate/Quote, unless otherwise indicated in writing, does not constitute a "lump sum" bid, nor does Patriot warrant or represent those quantities shown or price(s) will be adequate to supply Purchaser's project or job.
2. Specifications. Purchaser assumes responsibility for verifying the specifications (e.g., spans, pitches, overhangs, bearing locations, point load locations, size and location of required openings, and other contractor-verifiable items related to the proper function and appearance of the goods), quantities, omissions, and clerical errors (e.g., transpositions, errors in extensions, quantities, footages, or addition); and accordingly, Purchaser is urged to check and review all specifications and quantities and agrees to notify Patriot at least 5 days prior to the scheduled cutting and/or manufacture of the goods of any changes Purchaser wants made. Purchaser further acknowledges that Patriot is responsible only for the goods supplied by Patriot, and that Patriot is not responsible for building design.
3. Purchase Price and Payment.
a. Purchaser is liable for full the purchase price per the terms of and at the time described in the Contract, all without regard to whether the goods have been installed or are functioning to the satisfaction of Purchaser. No setoff or abatement is allowed. Unless otherwise stated on the invoice, goods are sold subject to the prevailing state, regional and local sales taxes, which can change without notice. Should the financial responsibility or credit of Purchaser at any time become unsatisfactory to Patriot, Patriot may require payment of any shipment hereunder in advance or additional security satisfactory to Patriot by providing written notification to Purchaser. Such conditions shall be effective upon notification (either orally or in writing) to Purchaser and shall be imposed without liability to Patriot.
b. If shipment is delayed at Purchaser's request, then the payment terms commence when Purchaser is notified that the goods are ready for shipment. If Purchaser fails to make payment in accordance with the terms herein or fails to comply with the provisions hereof, Patriot may cancel any unshipped portion of the goods, and Purchaser shall remain liable for completed and partially completed work to the same extent as provided in Cancellations below. In the event of a change in engineering or any other change requested by Purchaser, Purchaser shall be responsible and liable for all costs involved therein at the normal rates chargeable therefore by Patriot.
c. Unless otherwise agreed to in writing by the parties, payment terms are net 30 days from date of shipment of goods or equipment or completion of services, as applicable. If Purchaser fails to make payment on time, all discounts are disallowed and payment in full is immediately due. Late payments will be charged interest on any outstanding balance of 1.5% per month or the highest monthly interest rate lawfully charged, whichever is less. Purchaser shall be responsible for all fees, costs and expenses, including reasonable attorneys' fees, incurred by Patriot in collecting or attempting to collect any sum due under the Contract.
4. Delivery.
a. Unless otherwise agreed to in writing by the parties, all sales of goods have delivery terms F.O.B. Patriot’s facility. Delivery of the goods to a common carrier or public hauler for cartage to the carrier shall constitute delivery to Purchaser. Title to and risk of loss of the goods or equipment shall pass to Purchaser upon the delivery to Purchaser or an agent of Purchaser. Any claim for the shortage or damage occurring after such delivery or for transportation overcharges should be directed by Purchaser to the carrier together with transportation papers, noting shortage or damage, if any, and signed by the carrier's representative. All deliveries by Patriot are made using high capacity, gross vehicle weight equipment. Purchaser is responsible for ensuring adequate access to delivery location and assumes liability for damage to property or equipment when trucks are required to leave highways or accepted streets. This includes any underground service structures, curbs or sidewalks and landscaping of any kind. Claims against carriers must be filed by Purchaser on all shipments. Should shipments be held or stored by Patriot beyond the delivery date at Purchaser’s request, Purchase agrees to pay reasonable charges for such storage.
b. The delivery schedules for goods commences no earlier than the date of issuance of Patriot's Sales Invoice. In the case of specialty goods or equipment, the delivery schedule starts upon receipt of complete information and written approval of engineering drawings. Shipment dates are approximate and are based upon prompt receipt by Patriot of all necessary information. In no event shall Patriot be liable for damages or losses incurred by Purchaser or any other party by reason of delay in delivery of goods or equipment or placing equipment into satisfactory operation for any cause.
c. Patriot shall not be liable for failures or delays in performance, production or shipment by reason of the following matters: fires, floods, or other casualties, wars, riots, civil commotion, embargoes, governmental regulations, or Patriot's inability to obtain necessary materials from its usual sources of supply; delays in transit; existing or future strikes or other labor troubles affecting production or shipment whether involving employees of Patriot or employees of others; other contingencies of manufacture or shipment whether or not of a class or kind mentioned herein if not reasonably within Patriot's control. Date of delivery shall be extended for a period equal to the time lost by reason of any delay occasioned by causes beyond the reasonable control of Patriot.
5. Inspection. Purchaser must carefully inspect the goods upon receipt of shipment and take any delivery exceptions on the bill of lading at the time of receipt, including for shortages and visible transit damage. Claims by Purchaser for shortages or visible transit damages must be made to Patriot in writing and accompanied by the bill of lading with exceptions noted within 24 hours of receipt. All other claims, including for any defects or quantity variances that a thorough visual inspection would determine must be made in writing to Patriot within 30 days of receipt. If Patriot is not timely notified, Purchaser waives any recourse or claims for repair or replacement in those situations. No goods returned will be accepted for credit or replacement unless such return is first authorized in writing by Patriot and subject to a 25% restocking charge. No specialty goods or equipment returned will be accepted for credit, repair, or replacement unless such return is first authorized in writing by Patriot and is accompanied by Patriot's return tag.
6. Installation. Unless agreed to in writing by the parties, installation of goods and equipment shall be Purchaser's sole responsibility and at Purchaser's expense. Patriot will provide, upon Purchaser's request, personnel to install goods at Purchaser's cost and subject to a separate written installation services agreement between the parties.
7. Limited Warranty.
a. For one year after delivery, Patriot warrants that, if the goods are installed properly, all goods sold hereunder are of good, sound quality, and fit for the purposes for which they customarily are used. This is a one-year limited warranty from the date of delivery. If any goods appear to be defective, Purchaser shall immediately discontinue use and notify Patriot. Patriot's entire liability shall be, at Patriot’s option: (i) to repair or replace the defective goods or parts thereof found to be in breach of this limited warranty; or (ii) if Patriot is unable to provide such remedy, to refund the monies paid for the defective goods following return of any defective goods to Patriot, as applicable and subject to the limitations of Patriot's warranty. These remedies are Purchaser's sole and exclusive remedies and are available only if Patriot is notified in writing of the claimed defect within the one-year timeframe of this limited warranty. In no event, shall Patriot's liability arising out of alleged defects in goods exceed the cost of correcting defects or making replacements as required in the warranty. Upon the expiration of the one-year warranty period, all liability of Patriot to Purchaser under this Contract shall terminate, and no action arising out of the sale of the goods may be brought by the Purchaser or user after expiration of the applicable warranty period, regardless of the legal theory under which the action is brought.
b. Any goods or parts not manufactured by Patriot are warranted only as warranted by the manufacturer of such goods or parts. Otherwise, all such goods or parts are sold on an "AS IS" basis. A copy of such manufacturer's applicable warranty and service undertaking (if any) will be furnished to Purchaser upon request.
c. THE ABOVE LIMITED WARRANTY EXTENDS SOLELY TO THE ORIGINAL PURCHASER, IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE SPECIFICALLY EXCLUDED, AND CONSTITUTE PURCHASER'S SOLE AND EXCLUSIVE REMEDY. Some states and countries do not allow the limitation or exclusion of implied warranties, so this limitation or exclusion may not apply to Purchaser.
d. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PATRIOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, LOST PROFITS, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF GOODS OR THE USE OR INABILITY TO USE THE GOODS EVEN IF PATRIOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY OF ANY CLAIM. Some states do not allow the limitation or exclusion of death, personal injury, incidental or consequential damages, so the above limitation or exclusion may not apply to Purchaser.
8. Cancellations. Accepted orders are not subject to cancellation except upon: (i) written approval of Patriot; and (ii) the payment of any fair and equitable charge to Patriot. In the case of any goods covered herein manufactured by Patriot, this will be based upon its actual costs to the date cancellation is received and approved, including all charges made by suppliers or subcontractors of Patriot, any commissions on such sales paid by Patriot prior to receipt of notice of such cancellation, plus 15% of such costs, charges, and commissions.
9. Miscellaneous. In the event any term or provision of the Contract or these Terms and Conditions shall be found invalid or contrary to applicable law it shall be deemed severed and stricken from this Contract and these Terms and Conditions and the validity of the remaining provisions shall not be affected thereby. Purchaser, as an inducement to Patriot to sell to Purchaser, expressly represents to Patriot that Purchaser has not done and will not do either directly or indirectly, anything which has the effect of releasing, waiving, or surrendering Patriot's mechanic’s lien rights. No waiver of lien for goods shall be required of Patriot until the same shall have been fully paid for. Purchaser agrees to pay for all court costs, recording fees, reasonable attorney's fees, and other expenses incurred by Patriot in securing Patriot's mechanic’s lien right in the event of default by Purchaser to pay according to the terms stated in the Contract.
PLEASE READ THE ABOVE TERMS AND CONDITIONS AND DO NOT HESITATE TO ASK US ABOUT ANY OF THEM IF YOU SHOULD HAVE ANY QUESTIONS OR DO NOT UNDERSTAND THEM.