ORDER: Buyer (“Buyer”) and Forterra Pressure Pipe, ULC d/b/a Rinker Materials (“Seller”) acknowledge, understand, and agree that the purchase by Buyer of products described in the quotation is governed by these terms and conditions.Products described in the quotation 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 the quotation) 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 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 quotation 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 Agreement To Purchase/Purchase Order should it deem that the Buyer’s solvency is no longer acceptable.
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, FOB site is included in the Agreement To Purchase/Purchase Order, the products will be delivered as near as possible to the stipulated delivery area. 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.As for the coordination of FOB site or FOB plant, it is the Buyer’s responsibility to advise the Seller 48 hours (forty-eight) before. The Buyer should make themselves aware of any freight conditions of the product such as wide loads, permit loads etc.Less than truckload quantities are priced with extra delivery charges.
Once FOB site or FOB plant, 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 Agreement To Purchase/Purchase Order, 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 FOB site or FOB plant 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 Ship ticket/packing slip. 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, layout drawings and Any drawings and specifications of any Seller quotation 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 Agreement To Purchase/Purchase Order 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. Given a duly approved order, the Buyer agrees to make full payment of any cancellation required by it and described in the order. Products are custom-designed and thus no returns for any products will be accepted. Buyer shall be responsible for using any products on projects other than the project specified on the quotation – Seller shall not be responsible for product quality or performance.
For greater certainty, the terms and conditions of this quotation will be the terms and conditions of the Agreement To Purchase/Purchase Order upon the issuance of the purchase order by the Buyer.
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Rinker Materials Corporate Office
19500 State Highway 249, Suite 540
Houston, TX 77070
United States
