Safety Columns

Application - The terms and conditions herein shall apply to all sales from Seller to Buyer and to any quotations by the Seller of proposed sales.

Acceptance - All orders are subject to final approval and acceptance by the corporate office of the seller. No terms, provisions or conditions of purchase, other than those stated herein, shall be effective unless expressly and particularly accepted by Seller in writing and signed by its authorized representative. All proposals negotiations and representations, if any, made prior to this agreement, are merged herein.

Payment - Seller’s prices are F.O.B. Point of Shipment, unless otherwise specified. Terms of payment are net cash thirty (30) days after date of Seller’s invoice, unless otherwise specified, except that terms of payment are at all times subject to the approval of Seller’s Credit Department. Prices shall be subject to adjustments for Seller’s cost increases in materials, labor, equipment or transportation.

Taxes and Freight - Buyer shall be responsible for applicable local, state or federal taxes, and all freight bills required for this proposal unless otherwise specified. If sales, use or other State or Municipal taxes, in addition to any listed specifically as part of the stated purchase price are imposed upon the Seller Buyer shall promptly reimburse seller for same.
Quantities involving one or more carloads or truckloads of material are to be shipped at the carload or truckload rate (whichever is applicable) and the minimum rate, or actual weight, whichever is higher and any additional expense incurred by the Seller in making less than minimum carload or truckload shipments in order to meet the Buyer's demands, will be assumed by the Buyer.
Unless stated otherwise, the prices quoted herein assume compliance with Seller standard boxing/packaging practices. Requirements that do not comply with Seller standard practices are subject to non-standard charges. Standard guidelines and non-standard charge rates will be furnished upon Buyer's request.

Damage in Transit - Carriers (not Seller) are responsible for material lost or damaged in transit and Buyer should immediately give written notice of such loss or damage to carrier. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless Buyer shall have entered full details thereof on its receipt to the carrier.

Delivery - Shipping or delivery date is approximate. Seller shall not be liable for delays in or failures of delivery due to strikes or labor troubles, suppliers’ delays, accidents, fire, flood, acts of God, action by governmental authority, changes requested by Buyer, or causes beyond its’ control. If shipment is delayed at the request of the Buyer, payment shall be made by buyer as though shipment has been made as specified and for any expenses incurred by Seller due to Buyer’s request in delaying shipment and the material shall be at the Buyer’s risk and subject to reasonable storage charges.

Material Standards - All materials shall be furnished subject to the standard manufacturing and commercial variations and practice of the Seller. The Seller reserves the privilege of shipping overages or underage of weight, length, size and/or quantity in accordance with the Seller’s standard practices, if applicable. Engineered products are manufactured according to Seller current product specifications. The specifications embodied in a quotation and/or sales order hereby acknowledged have been provided to Seller by the customer and have been exclusively relied upon by Seller. The dealer or sales representative representing the transaction to Buyer is an independent contractor who is solely responsible for the accuracy of any measurements or other specifications which may have been provided to the customer. Seller expressly disclaims any knowledge concerning the accuracy or propriety of such measurements or other specifications. The Buyer bears responsibility for determining if such products meet the requirements of plans, specifications, or other contract documents for a particular project. Seller disclaims responsibility for compliance with contract documents.

Claims for Defective Materials - Claims for errors, shortages, imperfections, deficiencies, etc., will not be accepted by Seller unless made within thirty (30) days after receipt of the material, and Seller shall in no event be liable for labor charges consequential damages arising from Buyer’s purchase or use of unsuitable or defective material. In case any material furnished by Seller is not in accordance with this contract Buyer will immediately discontinue its use and advise Seller of the facts, so that Seller may have a reasonable opportunity to investigate and decide what shall be done in the circumstances and so that possible loss or damage to either party may be prevented or minimized. Buyer’s remedies with respect to any product furnished by Seller here-under that is found by Seller to be defective or otherwise not in conformity with this contract shall be limited exclusively to the right to replacement thereof at the delivery point specified herein or to repayment of the price plus any transportation charges paid by Buyer. This obligation of Seller is expressly in lieu of any other obligation or of any warranty, expressed or implied including any implied warranty of merchantability or fitness.

Specials - Special items not considered as standard inventory by Seller, and/or manufactured by Seller to Buyer’s specifications or job requirements will become the sole property of the Buyer and will not be accepted for return.

Cancellation - On all cancelled orders Buyers shall compensate Seller for its performance, commitments and damages as follows:

1. Normally stocked catalog items- Buyers shall pay Seller a cancellation fee equal to 25% of the purchase price.
2. Special items not ordinarily stocked- Buyer shall pay all engineering, labor, and material costs used or committed by Seller plus 10% of the full purchase price. In no event shall the full amount exceed the purchase price. Such commitments include allocation of manufacturing time that cannot be re-allocated.
3. Engineered Products - Buyer may cancel its order, reduce quantities, revise specifications or extend schedules only by mutual agreement as to reasonable and proper cancellation charges or pricing adjustments. These charges will take into account expenses already incurred and commitments made by Seller. The following schedule of cancellation charges will apply:
1. Order entered, drawings started - $400.00
2. Order entered, drawings complete, material in process - 65% of Total Project Cost
3. Order complete. Ready to ship – 100% of Total Project Cost

Compliance with the Law - Seller makes no warranty regarding the Occupational Safety and Health Act Standards or other government requirement if Seller’s products do not meet such standards and requirements. Seller shall cooperate with Buyer to meet them, but Seller may charge Buyer the reasonable value thereof.

Floors - Buyer is responsible for the load bearing capacity of the floor upon which purchased products may be installed or constructed. Buyer shall pay for all material and labor required to modify uneven floor surfaces.

Governing Law - The parties acknowledge that the transaction that is the subject matter of this contract will be governed by the laws of the State of Michigan.

Integrated Agreement - The terms of this contract are intended by the parties as a final expression of their agreement with respect to such terms and also as a complete and inclusive statement of such terms and are incorporated into all quotations or purchase documents.

Heartland Steel Products warrants its products to be free of defects in material and workmanship and according to agreed specifications and for ordinary applications for which they were designed. This warranty shall extend for a period of ONE YEAR from the date of shipment. This warranty does not apply to parts which, through normal use, require replacement during the warranty period. Seller’s liability under the warranty shall be limited to repair or replacement of MATERIALS ONLY, F.O.B. Seller’s point of shipment.