When signing National Building Systems’ Proposal document, the Buyer agrees to accept the following Terms and Conditions.
Terms and Conditions:
PRODUCT TO BE SUPPLIED BY SELLER:
Seller shall supply only the materials specifically listed in the Proposal; any items not specifically listed are not a part of the agreement between Buyer and Seller. With respect to specific lengths and quantities, Seller will supply the amounts requested in writing by the Buyer or the amounts shown on the placement plan material list that has been approved by the Buyer.
DELIVERY OF MATERIALS:
Buyer shall inspect the materials upon delivery and shall notify Seller immediately if there are any damaged or missing items. Damaged or missing items are to be noted on the Bill of Lading or other delivery document prior to acceptance of materials by the Buyer. In the event of damaged or missing items, Seller’s sole responsibility shall be to repair, replace, or supply any non-conforming products in a reasonable amount of time.
The materials are being sold without any warranties from the Seller, whether express or implied, including the implied warranties of merchantability and fitness. For warranties pertaining to specific manufacturers, refer to the applicable product information published by those manufacturers.
Buyer shall indemnify and hold harmless Seller against all claims, losses, costs and expenses, including but not limited to, all expenses of litigation, court costs and attorney’s fees, in any way arising out of or in connection with the use or performance of these products.
CONFLICTING TERMS AND ENTIRE AGREEMENT:
To the extent that any terms or conditions of this agreement conflict with the Buyer’s purchase order, Buyer and Seller mutually agree that the terms or conditions contained herein shall supersede any conflicting terms or conditions. Seller and Buyer mutually agree that this agreement embodies all of the parties’ agreements and that any subsequent amendments must be in writing and signed by both parties.