a) Prices contained in the Seller’s published price lists, if any, are subject to change without notice. Prices in individual written quotes or proposals are firm only for a period of thirty (30) days from the date quoted. After that period, the Buyer should inquire of Seller as to their validity and request a written confirmation or revision. Prices do not include taxes, and Buyer shall pay all applicable sales or other taxes levied with respect to Goods (and replacements) in the Agreement unless exempt. All prices are in U.S. dollars. Buyer shall pay all government fees levied on the installation and inspection of the Goods. Buyer shall pay upon receipt all invoices rendered by the Seller, for any such items Seller may pay, and for the Goods.
b) Prices contained in the signed order form are subject to change after ninety (90) days from the date Buyer’s deposit is received by Seller if the Buyer is not ready to proceed with the installation of the Goods purchased.
c) Manufacturer is solely responsible for delivering and installing those items shown on the order form. Any items discussed between Buyer and Seller but not included in the signed order form will not be fulfilled by the Manufacturer. Buyer is responsible for reviewing the order and verifying all items needed are included at the time of purchase.
d) This Agreement is for the delivery and erection of fabricated metal structures, and the goods shall be delivered F.O.B. at the Buyer’s place of delivery. Risk of loss passes to the Buyer upon tender of the Goods to the Buyer. Seller’s breach of the Agreement shall not affect the passing of the risk of loss to Buyer notwithstanding any provision of law to the contrary.
e) Seller may unilaterally increase prices to cover increased costs (plus reasonable overhead and profit) of design, materials, and manufacturing required by changes requested by Buyer after the date of quote.
f) All amounts not paid to Seller when due shall incur a carrying charge of 10% per annum to the extent allowed by law and otherwise at the highest written contract date allowed by law.
g) For orders with subtotals exceeding thirty thousand dollars ($30,000), half of the remaining balance may be collected prior to delivery and installation of Goods, when the manufacturing of Goods begins.
h) All amounts due upon installation are to be rendered by the Buyer immediately after delivery and/or installation. Balances not paid by the Buyer within 24 hours of delivery and/or installation are subject to repossession of goods. If installation cannot be fully completed, the Buyer may be subject to partial payment for the services or goods rendered and completed.
a) Shipping and installation dates are based on Seller’s engineering and manufacturing capacity and scheduling and may be revised by Seller upon receipt or scheduling of Buyer’s order. All shipping dates are estimated after Buyer’s signed Purchase Order and down payment are received by Seller, and other conditions including, but not limited to, site preparation, permitting, etc., are completed by the Buyer and Buyer notifies Seller. If Seller arrives to place or deliver and installation of Goods is not fulfilled due to Buyer’s failure to prepare for delivery and installation, the Buyer is responsible for paying a restocking fee of up to 5% of the order subtotal.
b) Dates for Seller’s performance are estimates only. In addition, the Seller shall not be in default because of its delay or failure to deliver or perform resulting, in whole or part, from acts of God, fires, floods, embargoes, strikes, or any other cause beyond the Seller’s control.
a) If shipment of any item or other performance by Seller is delayed at the request or due to the fault of the Buyer, the Seller may store the item at the risk and expense of the Buyer.
b) Dates for Seller’s performance are estimates only.
a) If the Agreement provides provisions for Buyer’s inspection and/or acceptance of the Goods, Seller’s standard product testing procedures shall be the criteria for inspection and/or acceptance.
The Buyer is responsible for providing the factory-approved installers with the location of any underground cables, gas lines, or other utilities. FLSS is not responsible for damage to utility lines.
Limited Warranty: Seller warrants for a period of twenty years from the date of completion of installation against rust through on the framing only, assuming normal user care and maintenance.
Warranty Disclaimer: The warranties in this Agreement are in lieu of all other warranties, express or implied.
Remedy: Buyer agrees that its sole and exclusive remedy against Seller is limited to the repair and replacement of non-conforming goods.
Limitation of Liability: Seller’s maximum liability for any damages related to this Agreement is limited to the purchase price of the Goods.
FLSS does not warranty any products not installed and anchored by a factory-approved installer. Installation by any other party will void your warranty.
Any modification, addition, or alteration of the structure without express design approval by FLSS will void the warranty.
Any claim under this warranty must be made in writing and sent to Frontline Steel Structures, P.O. Box 6611, Mount Airy, NC 27030, and be received within 30 days of discovering the claimed defect.