Business Terms & Conditions

Terms and Conditions of Sale

1. General: The following terms shall take precedence over all other terms understanding and custom.
2. Warranty: Goods furnished are guaranteed to be free from all latent defects in material and workmanship under normal use and service for a period of one (1) year; however, Seller will not be obligated beyond the replacement of such goods as prove to be defective. Whether the goods are manufactured by Seller or by another, such replacement shall be Buyer’s exclusive remedy and neither Seller nor the manufacturer shall be subject to any other or further liability and no claim for consequential or incidental damages will be allowed. (SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER ARE FIT FOR ANY PARTICULAR PURPOSE.)
3. Prices: Prices for undelivered portions of continuing orders are subject to change whenever Seller’s costs are affected by Federal or State legislation changes in costs of raw materials, and/or labor rates, together with applicable overhead for such costs.
4. Quantity: Seller reserves the right to deliver goods in quantities not to exceed 10 percent more or less than the quantity specified by Buyer.
5. Credit: All orders shall be subject to credit approval at Seller’s main office.
6. Taxes: Prices do not include sales, use, excise or similar taxes. If Seller should be required to pay such taxes, invoices will be increased accordingly.
7. Waiver: Waiver by either party of any default by the other shall not be deemed to waive any subsequent default.
8. FOB Point: Quotations and sales are FOB point of shipment unless otherwise expressly stipulated.
9. Terms: Terms of payment are net cash thirty (30) days after shipment. Interest on any unpaid balance will be charged to the Buyer at an annual interest rate of eighteen (18) percent on past due accounts. Seller may suspend credit, refuse shipment, or cancel order whenever Seller believes Buyer’s credit is impaired.
10. Shipments: Seller’s shipping dates are approximate and based on receipt of orders with complete information and authority to proceed with manufacture. (They can be changed without notice as a result of manufacturing personnel and raw material supply problems.)
11. Cancellation: Orders may not be cancelled, reduced, changed or suspended without Seller’s written consent and payment of reasonable and proper cancellation charges.
12. Contingencies: Seller shall not be responsible for any loss, delay or damage caused by fire, strikes, lockouts, government acts or requirements, embargoes, insurrection, riot or any other cause or causes beyond its control.
13. Contract: This contract shall be binding upon and inure to the benefit of the parties, their successors and assigns, provided that Buyer may not assign the contract without Seller’s prior written consent.
14. Employment Laws: Seller certifies that goods of its manufacture covered hereby are produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of the regulations and orders of the United States Department of Labor issued under Section 14, and with all Fair Employment Practices Laws.
15. Quality: If samples of goods are submitted to the Buyer, future production will be based on the sample standards. It must be recognized that some changes will occur through normal tool wear, production, and subsequent tool rework.
16. Manufacturing Variations: All goods shall be subject to normal manufacturing variations of Seller and its raw material suppliers as recognized in the reinforced plastic fiberglass industry. Seller reserves the right to change raw materials specifications and/or raw materials at any time and assumes no obligation to continue to supply any product, or products previously sold.
17. Tooling: All dies and tools are integral parts of Seller’s manufacturing process and all charges paid for same by Buyer will be considered as part of the purchase price of goods ordered. Buyer shall acquire no title in such dies and tools and shall have no right to remove same from Seller’s possession provided; however, all tools and dies ordered by the Buyer shall be used exclusively for his work. (The right of exclusivity shall be with the end user of the goods produced from said tooling.) Tools inactive for a period of twenty-four (24) months following the most recent order are subject to loss of exclusivity or other disposition by the Seller, without notice, at Seller’s sole discretion.
18. Packaging: Seller shall provide adequate packaging for all goods shipped in accordance with recognized industry practice. All special packaging requirements of Buyer shall be to Buyer’s account.
19. Goods Returned: Goods may not be returned without Creative Pultrusions’ written permission unless otherwise agreed upon. Stock items, when returned, will be credited at lowest prevailing price, and subject to a minimum charge of twenty-five (25) percent for handling and restocking. Return transportation charges must be prepaid. Nonstandard or special items are not subject to cancellation, change, reduction in amount, nor return for credit without written consent and upon terms which indemnify us fully against loss. Only merchandise in resaleable condition will be accepted.
20. Patents: Buyer shall hold Seller harmless against any claims, loss or expenses resulting from infringement of patents, copyrights or trade marks which may arise from compliance with Buyer’s designs, specifications or instructions.

ANY SHORTAGE OR DAMAGE MUST BE REPORTED TO CUSTOMER SERVICE AT 1-888-274-7855 or 1-814-839-4186 WITHIN (10) DAYS FROM DATE OF RECEIPT OF SHIPMENT!

CPA001-0669.5C

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