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STUD - TRACK - ANGLE - HAT CHANNEL - FLAT STRAP - END CAP - ROLL FORMING - BRAKE SHAPE - LEVELING - SHEARING |

United Steel Manufacturing - 2966 E. Victoria Street, Rancho Dominguez, CA 90221 Phone: 310.223.4444 Fax: 310.223.4438 Email: info@steelunited.com |
Proud Memeber |
Steel Stud Manufacturers Association |
TERMS AND CONDITIONS QUOTATIONS AND ORDERS All quotations by us (whether oral or written) shall be offers to sell by us at the quoted prices and on the terms hereinafter set forth. All such quotations are subject to change without notice and to continued availability of the quoted material and, unless otherwise agreed, are binding upon us only if the buyer immediately submits an order. All contracts to sell are subject to strikes, accidents or other causes of any kind beyond our reasonable control. No order placed with us shall be binding upon us until full specifications identifying the material being ordered have been provided to us and the order has been accepted by us. Acceptance is defined by the faxed receipt of our order acknowledgment. A buyer may not, except with our written consent, cancel any order for material which we have special ordered from the mill, which we have cut or otherwise processed in accordance with the buyer's instructions, or which has been shipped by us. All special order material is subject to final mill acceptance. We will, at a buyer's request, estimate the anticipated time of delivery of any order, but we will have no liability for any non-timely delivery. In the event that an order is placed with us by telephone and the buyer does not send us a confirming order before we ship in response to the order, our records as to the terms of the order shall be conclusive. TITLE AND RISK OF LOSS If material is shipped to a buyer via a carrier designated by the buyer, title and risk of loss to the material shall pass to the buyer when the material is loaded at our plant. If material is shipped to a buyer via any other carrier, title and risk of loss to the material shall pass to the buyer upon deliver at the buyer's plant and buyer's release of the shipping documents. However, buyer must note any shortage or damage on both the buyer's copy and the carrier's copy to be signed by the carrier's driver or representative. If buyer does not do so, we will be responsible for any shortage or damage only (i) in the case of a carrier that is owned or operated by or affiliated with us, if we establish to our reasonable satisfaction that there was in fact a shortage in the delivery or that the damage occurred prior to receipt of the material by buyer, as applicable, or (ii) in the case of any carrier that is not owned or operated by or affiliated with us, if we are able to recover the shortage or damage from such carrier. TECHNICAL ADVICE None of our agents, employees or representatives have any authority to bind us to any affirmation, representation, or warranty other than those stated herein or on our delivery receipt or invoice form. In particular, any technical advice we furnish with respect to the use of material is given without charge, and we shall have no obligation or liability for the advice given or the results obtained, all such advice being given and accepted at buyer's risk. WARRANTY We warrant that all material, at the time of shipment by us, shall conform to any specification set forth on the face of our delivery receipt or invoice and shall conform to the description contained in the Certificate of Tests or Certificate of Compliance if either has been furnished by us in connection with a sale. We do not warrant against any non-conformity to the extent that such non-conformity results from damage, misuse, abrasion, corrosion, negligence, accident, tampering, faulty installation, improper storage, inadequate maintenance, or any other cause affecting the material after shipment of the material. WE DISCLAIM ALL OTHER WARRANTIES WITH ERESPECT TO MATERIAL SOLD OR SERVICES RENDERED, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS OF THE MATERIAL OR SERVICES FOR ANY PARTICULAR PURPOSE. BY PLACING AN ORDER WITH US, A BUYER AFFIRMS THAT THE BUYER HAS NOT RELIED UPON THE SKILL OR JUDGMENT OF US OR ANY OF OUR AGENTS, EMPLOYEES, OR REPRESENTATIVES TO SELECT OR FURNISH MATERIAL FOR ANY PARTICULAR PURPOSE, AND THE SALE IS MADE WITHOUT ANY WARRANTY BY US THAT THE MATERIAL IS SUITABLE FOR ANY PARTICULAR PURPOSE Except for the specifications and certificates (if any) specifically referred to above, any description of the material or service contained on our sales forms or any other correspondence is for the sole purpose of identifying it, is not a part of the basis of the bargain, and does not constitute a warranty that the material or service shall conform to that description. The use of any sample in connection with a sale for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the material will conform to the sample. Any affirmation of fact or promise made by us is not part of the basis of the bargain and shall not constitute a warranty that the material will conform to the affirmation or promise. EXCLUSIVE REMEDY We will, at our option and as a buyer's exclusive remedy, replace with new material, or refund the purchase price for, material that is defective at the time of shipment if the buyer gives written notice of the defect to us within 45 days after receipt. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as we are willing and able to replace defective material or refund the purchase price within the time specified. UNDER NO CIRCUMSTANCES WILL WE BE REPSONSIBLE FOR ANY OTHER DAMAGE, INCLUDING ANY DIRECT OR CONSEQUENTIAL DAMAGE OR LOSS ARISING FROM CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITIING THE GENERALITY OF THE FOREGOING, LOSS OR DAMAGE TO BUILDINGS, CONTENTS, PRODUCTS, OR PERSONS (OTHER THAN INJURY TO PERSONS IN RESPECT OF WHICH LIABILITY IS IMPOSED BY LAW). Buyer must immediately discontinue use of any item claimed to be defective. No charge for labor or expense required to repair defective material or occasioned by it will be allowed. LIMITATION OF ACTIONS No action against us for breach of any sales agreement may be brought more than one year after the cause of action accrues. ACCEPTANCE Our sales are made pursuant to our terms and conditions. If we receive a purchase order or other document from a buyer that limits acceptance to its terms or states that our acknowledgement, shipping of material, commencing work, or other act or failure to act constitutes acceptance of any offer on the terms of the purchase order or other document, any responding document sent by us which expresses acceptance or confirms the order is expressly conditioned on buyer's assent to the terms set forth herein and in such responding document. Such assent shall be deemed given when the buyer accepts shipment of any of the material described. We hereby object to any term contained in a buyer's purchase order or other document if the term is different from or in addition to the terms herein. |