Terms of Sale

1) Taxes. Any taxes which we may be required to pay or collect under any existing or future law upon or applicable to the sale, purchase, manufacture, processing, transportation, delivery, use or consumption of any of the goods covered hereby shall be for the account of the Purchaser unless otherwise definitely indicated.

2) Terms of Payment.½% 15 net 30 days from the date of delivery. This sale is subject to approval of Purchaser’s credit by the Seller. If the account is placed with an attorney for collection, buyer agrees to pay 25% of the unpaid balance as a reasonable attorney’s fee. Written permission from us on all returned goods for credit, is required.

3) Delivery. The time required for completion of fabrication is subject to adjust by Seller because of strikes, fire, acts of God, war, riot, nonavailability of materials, embargoes, delay in receipt of information required from Purchase or any other cause beyond Seller’s control and Seller shall not be liable for damages, loses or expenses sustained by Purchaser resulting from Seller’s failure to make delivery as agreed. The delivery date is Seller’s best estimate and assumes that Purchaser returns approved drawings to Seller within four weeks after the return thereof. If Purchaser causes more than (2) months to elapse between date of quote and date of approval, then Seller reserves the right to adjust selling price based on current costs at time of completion unless otherwise agreed. Seller cannot guarantee a specific time of delivery, due to traffic and delays. Seller will not accept crane or back charges. All orders will be invoiced for payment two weeks after fabrication completion or upon shipment of order whichever occurs first.

If invoice is not paid within terms, a monthly storage fee will be charged.

4) Limited Warranty:

a) Seller warrants goods manufactured by it as follows:

i) Seller is a licensee of The Steel Tank Institute. If the goods are tanks and if they are warranted by The Steel Tank Institute, the Limited Warranty provided by The Steel Tank Institute and Seller will be supplied to the Purchaser and shall be in effect. The Steel Tank Institute Limited Warranty, if applicable, provides that the sole responsibility of the Warrantors therein shall be, at the option: repair of the original tanks; or refund of the original purchase price. Warrantors under The Steel Tank Institute Limited Warranty shall not be responsible for: failure of the piping system connected with the steel tank; labor or other installation costs of any replacement tanks, NOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES TO PERSON OR PROPERTY RESULTING FROM FAILURE OF THE TANK.

ii) If the goods are not warranted by The Steel Tank Institute the following limited warranty shall be in effect. Seller warrants that the goods conform to stated specifications within limits of standard manufacturing tolerances and variances and are free from defects in materials and workmanship one year from date of delivery. At this option, Seller will replace, repair, or refund an allowance for any nonconformity with stated specifications or any defects in materials or workmanship in the goods demonstrated to its satisfaction to have existed at time of delivery; provided the Purchase gives Seller written notice upon discovery thereof and, in any event, within one (1) year after completion of delivery, and provided further the Purchaser shall test the goods, if tanks, at the installation site prior to installation in accordance with Federal and State Regulations and laws. This warranty and liability shall be limited to the Purchaser and shall not extend to Purchaser’s vendees. Seller’s sole liability under this warranty is limited to making replacement, repair, or allowance within a reasonable time after receipt of written notice from Purchaser. In no event shall Seller’s liability exceed the purchase price of the goods. Damage caused by chemical reaction, electrolytic action, or foreign materials are to be assumed by Purchaser and in no way considered a part of this warranty. 

iii) To permit the Seller and, where applicable, The Steel Tank Institute to fulfill the terms of this limited warranty, the purchaser represents and agrees that, upon discovery of a suspected tank failure or leak covered by the warranty, the purchaser shall give the seller written notice thereof sufficient to permit seller to inspect the tank site prior to and during excavations and the tank itself thereafter.

b) SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE) ON ANY GOODS NOT MANUFACTURED BY SELLER.

c) THE STEEL TANK INSTITUTE LIMITED WARRANTY OR, IF APPLICABLE, THE FOREGOING LIMITED WARRANTY SET FORTH IN PARAGRAPH 5 (a) (ii) IS THE SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS AND IS MADE INLIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.

d) NO WARRANTY, EXPRESS OR IMPLIED, (INCLUDING ANY IMPLIED WARRANTY OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE), IS EXTENDED TO ANY OF PURCHASER’S VENDEES. HOWEVER, IF BY OPERATION OF ANY LAW OTHERWISE, ANY EXPRESS OR (IMPLIED WARRANTY IS EXTENDED TO ANY OF PURCHASER’S VENDEES, THESE DISCLAIMERS OF WARRANTY SHALL LIKEWISE EXTEND TO SAID VEBDEES.

5) EXCLUSION OF REMEDY. THE ONLY REMEDY THE BUYER HAS IN CONNECTION WITH THE BREACH OF PERFORMANCE OF ANY WARRANTY, AS A RESULT OF NEGLIGENCE OR ANY OTHER CAUSE, ON PRODUCTS OR GOODS PURCHASED FROM SELLER ARE THOSE SET FORTH ABOVE. IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO DAMAGES TO PERSON, TO PROPERTY OR OTHER COMMERCIAL LOSS. NO WARRANTY, EXPRESS OR IMPLIED, SHALL EXTEND TO ANY OF PURCHASER’S VENDEES. HOWEVER, IF BY OPERATION OF LAW OR OTHERWISE, ANY EXPRESS OR IMPLIED WARRANTY IS EXTENDED TO ANY OF PURCHASER’S VENDEES, THIS EXCLUSION OF REMEDY SHALL LIKEWISE EXTEND TO SAID VENDEES.

6) Governing Law. The Seller and Purchaser agree that North Carolina is the place of the
contract for the sale of goods and the contract shall be governed by the laws of the State of North Carolina.

7) If there is any contradiction or conflict between the provisions of the quotation or sales order ant The Purchaser’s acceptance (or purchase order), the provisions of the quotation or sales order, shall control and constitute the terms and conditions of the contract.

8) Partial shipment. Unless otherwise specified, Seller shall have the right to make partial
shipment. Each partial shipment shall be deemed a separate sale and payment shall become due therefore, in accordance with the terms of payment.