ORDER: Buyer (“Buyer”) and Forterra Pipe & Precast, Ltd. d/b/a Rinker Materials, for itself and/or on behalf of one or more of its subsidiaries doing business as Rinker Materials (“Seller”) acknowledge, understand and agree that the purchase by Buyer of products described in the quotation (or tender as the case may be) is governed by these terms and conditions.Products described in the quotation (or tender as the case may be) are open for acceptance for thirty (30) days from the date thereof. All orders are subject to approval of the Buyer’s credit.Seller reserves the right to adjust pricing (specified in a quotation, tender or otherwise) for ordered, but not yet delivered, products at any time to account for cost increases and volatility in respect of materials, fuel, energy and/or transportation.
Prices are based on the use of Normal Portland Cement, with rubber gaskets complying with CSA A257.3. A premium will be added for any other type of Cement or Gasket.
Prices are also based on deliveries made during normal working hours.
FABRICATION: Upon receipt of the shop drawings approved by the competent authorities, the Seller agrees to fabricate the products enumerated in the tender (or quotation as the case may be) under the stipulated terms and conditions and in accordance with the schedule established based on the Buyer’s requirements and the orders on hand.
PAYMENT: Our payment conditions are net thirty (30) Any unpaid balance after said time will be subject to administration charges of 2% per month (24% per annum). The Seller reserves the right to hold further deliveries if the Buyer fails to honour the agreed terms and conditions. The Seller further reserves the right to demand advance payment for any shipment made hereunder or to terminate the contract should it deem that the Buyer’s solvency is no longer acceptable.A discount of 3% for concrete products will be allowed if payment is received by the 25th of the month following delivery, provided there are no overdue invoices outstanding – HST is not subject to discount.
DELIVERY: One (1) hour is allowed for unloading. Any waiting time in excess of one (1) hour will be billed at the current hourly rate. When delivered by truck, within 250 kilometers of the Regional Municipality of Waterloo, Regional Municipality of Durham, Metropolitan Toronto, City of Windsor or City of Ottawa, FOB site is included in the contract price, the products will be delivered as near as possible to the stipulated delivery area. For delivery outside these areas please contact our office for pricing. The Buyer will provide and maintain the access roads necessary for delivery of the products. Delivery beyond a point accessible to loaded trucks shall be at the risk of Buyer.Less than truckload quantities (tractor trailer) are priced FOB plant with delivery charges extra. As for the coordination of deliveries, it is the Buyer’s responsibility to advise the Seller 48 hours (forty-eight) before each delivery. The Buyer should make themselves aware of any freight conditions of the product such as wide loads, permit loads etc. The Buyer shall give the Seller 4 week`s delivery notice.Once delivered (either at the job site or the plant, as the case may be), risk of loss and damage to the product shall transfer from Seller to Buyer.
SALES TAX: Unless otherwise indicated, pricing does not include federal or provincial sales taxes or other taxes. Should the taxes be modified during the term of the contract, the difference will be charged to the Buyer.
FORTUITOUS CIRCUMSTANCES: The Seller will not be liable for any claim, cost, damage or expense whatsoever resulting directly or indirectly from any delay in delivery or the impossibility for the Seller to deliver its products, in the event that such delay or failure to deliver is caused by an accident, fire, strike, work stoppage or slowdown, riot, weather conditions, acts of God, fortuitous events, unavailability or scarcity of labor, power, transportation and/or materials or any other cause beyond the control of the Seller.
DELAYS: Should delays occur at the Buyer’s work sites, the Seller is in no way liable for losses of time attributable to production workers or equipment or losses of profit or indemnities for which the Buyer may be accountable to third parties.
SITE INSPECTIONS: The Buyer agrees that all products supplied and delivered to a designated work area (in case of an FOB site order) or at the plant (in case of an FOB plant order) will be inspected by its authorized representative and that any errors with regards to weight, quantity or specifications or any errors with regards to production work orders submitted or approved by the Buyer shall be indicated on the packing list. Any claims ensuing from said errors shall be submitted in writing to the Seller within twenty-four (24) hours of receipt of the products, and prior to installation of same, in which case the Seller will be liable solely for the correction, repair or replacement of said products and will bear no liability with regards to any other claims or damages, including labor cost or other consequential damages. After said twenty-four (24) hours, it will be assumed that the Buyer has accepted the products and declared itself satisfied with same.
INTERPRETATION OF PLANS AND SPECIFICATIONS: The Buyer bears sole responsibility for interpretation of the plans and Any drawings and specifications of any Seller quotation or proposal are confidential engineering data and represent Seller’s investment in engineering skills and development and remain the property of Seller.
WARRANTIES: The Seller supplies the warranties set out here below for all products fabricated at its plant:
warranty against all hidden defects;
warranty of product conformity to the applicable standards;
warranty of repair or replacement of any product found to be defective or inconsistent with the stipulated standards, at the expense of the Seller;
warranty that should a deficiency develop as a result of hidden defect within the twelve (12) months after shipping but not thereafter, the Seller will repair or replace, at its discretion, the product deemed defective, provided that the Buyer gives the Seller written notice of the alleged defect within seven (7) days of its The Buyer shall, on request, return the defective product to the Seller for examination and testing.The foregoing warranty is subject to standard manufacturing and color variations, efflorescence, tolerances and classifications. Seller is not responsible for installation or defective conditions caused by installation. It is understood, and the Buyer agrees, that the foregoing constitutes the only warranties provided by the Seller and that any other Seller’s warranty, whether explicit or implicit, legal or contractual, is hereby disclaimed, excluded and prohibited. Any product which is not fabricated by the Seller is not warranted, which carry only the warranty, if any, the manufacturer provides to the Seller if permitted by the terms and conditions of such warranty. In no case, however, does the Seller commit itself to a warranty which extends beyond the repair or replacement of defective products or the issuance of a credit, at its discretion. When the products are fabricated in accordance with the plans and specifications of the Buyer, the Seller assumes no liability for loss or damage attributable to inaccurate or inappropriate drawings.
WAIVER: The fact that the Seller waives any of its rights pursuant to non-fulfillment of the clauses of this contract will not mean that it waives its rights with regards to any other breach. Any such waiver must be in writing.
CANCELLATION/RETURNED MATERIAL: No order can be cancelled wholly or in part nor be altered without the written consent of the Seller. Given a duly approved order, the Buyer agrees to make full payment of any cancellation required by it and described in the order. The amount of credit, if any, allowed to the Buyer for products returned shall be at the sole discretion of the Seller and will be subject to freight charges. Special precast concrete products ordered by Buyer are not subject to cancellation. Any non-standard products not taken will be charged to the Buyer. No credit will be issued for any returned or not-taken product when resold. There will be a 25% handling charge for any standard stock products returned.
For greater certainty, the terms and conditions of this tender (or quotation as the case may be) will be the terms and conditions of the contract upon the issuance of the purchase order by the
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Rinker Materials Corporate Office
19500 State Highway 249, Suite 540
Houston, TX 77070
United States
