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Terms and Conditions
1. Delivery. Delivery of goods and supplies at the Seller’s place of business or by the Seller’s employees shall constitute delivery to the Buyer. When delivery is made to a common carrier at any of Seller’s facilities or other shipping point, such delivery shall constitute delivery to the Buyer, and regardless of freight payment, title and all risk of loss or damage in transit shall pass to the Buyer at that time.
2. Acceptance of Orders, Modifications and Cancellations. No order for goods or supplies shall be binding upon the seller until accepted by Seller. Such acceptance occurs by Sellers signing of a Purchase Acknowledgment Form or by shipment. Any such order shall be subject to these standard conditions of sale. Acceptance is conditioned on assent to these conditions; which assent shall be deemed given unless Buyer shall expressly notify the Seller to the contrary before delivery or other performance by the Seller on such order. Failure of the Seller to object to conditions combined in any purchase order from a Buyer shall not be construed as a waiver of these conditions of sale, nor an acceptance of any such other provisions. No order may be altered or modified from these terms and conditions by Buyer unless agreed to in writing and signed by a Corporate Officer of the Seller.
3. Prices. Prevailing prices are subject to change without notice. In the event of a price change, material on order but unshipped, shall be adjusted to the price in effect at time of shipment unless provisions to the contrary are agreed to in writing and signed by a Corporate Officer of the Seller.
4. Payment Terms. All invoices are due in full (net) on the last day of the month following the date of the invoice. When the date of the invoice is the 25th through the last day of the month, then an additional month for payment in full is given. A finance charge of 1.75% per month, which is an annual percentage rate of 21%, is charged on all invoices not paid by the due date, and similarly for each month thereafter until the invoice is paid. Invoices will be issued and are payable as shipments are made, including partial shipments. In the event that Buyer is even more than (60) days past due on any obligation owing to Seller, Buyer shall not be allowed to purchase goods with credit, until suitable and acceptable arrangements are made.
5. Cash Discounts. Seller offers a cash discount for early payment of credit invoices. The amount of cash discount varies from product to product. Each invoice will indicate the amount of cash discount, if any, applicable to the merchandise shipped on that invoice. Buyer earns that discount only if payment is made on or before the 10th of the month following the date of the invoice to the Buyer. Seller reserves the right to negotiate with its customers separately on the amount of cash discount offered based on lawful business purposes. No separately negotiated cash discount is allowed unless agreed to in writing and signed by a Corporate Officer of the Seller.
6. Credit Limit. Seller shall determine from time to time the limit of credit available to Buyer. Buyer’s credit with Seller is revocable by Seller, at any time. Seller may terminate or reduce the amount of credit available to Buyer, without the necessity of giving any further notice. Seller shall not be required to order, place for order, submit bids for building projects, perform bids for building projects, or sell any goods to buyer by extending credit exceeding the credit limit or in the event that Buyer’s credit with Seller is terminated, reduced, or suspended.
7. Bidding of Projects. Buyer anticipates requesting from Seller certain bids, quotations, or bill of materials from time to time. Buyer further acknowledges that Seller will use its best efforts to provide a reasonable quantification of product required the cost of such material. Buyer shall independently evaluate each such bid, quotation, or bill of material before Buyer relies upon such in any fashion. In the event that an error or omission occurs during the preparation or submission of the bid, quotation, or bill of material, Seller shall have a period of (15) days after being notified of the error or omission to correct the same. Any bid, quotation, or bill of material that Seller submits to Buyer shall represent Seller’s understanding of the materials required for a project. Seller shall not be responsible for actual needs if differing from any bid, quotation, or bill of material submitted. Unless otherwise expressly agreed to by Seller, the bid, quotation, or bill of material shall expire (15) days after the submission of the same. All costs incurred for the unloading of materials shall be the sole obligation of Buyer.
8. Return of Goods. No goods or supplies may be returned to the Seller without first obtaining in writing a Return of Goods Authorization. All returns not caused by error of the Seller may be subject to return charges stated on the Seller’s Return Goods Authorization.
9. General. Seller shall not incur any liability to Buyer for delay, non-performance or other defaults relating to the sales of any goods which are subject to this agreement which result from or are substantially contributed to, directly or indirectly, by strikes, lock-outs, fires, wars, floods, delays in carriers, government acts, delays, unavailability of materials, and defaults of contractors and subcontractors of either party or any other circumstances beyond Seller’s direct or indirect control.
10. Electronic Records. Seller may use and store electronic records and electronic signatures. Buyer agrees that, upon the request of Seller, it will conduct business by electronic means, including legal effect or enforceability, recognition of electronic signature, and the delivery of information, statements, and invoices by electronic means.
11. Attorneys Fees. Buyers failure to comply with these terms and conditions will oblige buyer to pay all costs and expenses, including reasonable attorney’s fees and legal costs and expense, incurred in connection with enforcement or collection. Seller may employ and pay another to help with enforcement or collection, including an attorney. Buyer shall pay Seller those costs and expenses. Attorneys fees and costs shall be allowed for non-litigation collection efforts, lawsuits, appeals, materialman liens, bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), bankruptcy appeals, and any anticipated and actual post-judgment collection fees and costs. Buyer will also pay any court costs, recording costs, and any other costs of collecting any invoice(s). Buyer shall also pay all court costs and such additional fees as the court directs.
12. Limited Warranty. Truss-T Hanger, LLC, an Idaho Corporation (“Seller”), makes no warranty, express or implied, with respect to any Truss-T Hanger™ goods (“Goods”) which carry a manufacturer’s or distributor’s warranty which runs for the benefit of the buyer of the Goods (“Buyer”) or any person. Seller warrants that at the time of delivery all Goods are free from defects and are fit for the purpose of hanging and/or fastening products from pre-engineered steel trusses in accordance with the instructions included with all or any Goods, including allowable proportions of defect permitted by industry standards. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. ANY EXPRESS WARRANTY BEYOND THOSE SET FORTH ABOVE SHALL BE VALID ONLY IF GIVEN IN WRITING AT THE TIME OF SALE. IN CONSUMER SALES TRANSACTIONS IN THE STATES OF CALIFORNIA AND OREGON, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY SHALL BE VALID FOR ONE (1) CALENDAR YEAR BEYOND THE DATE OF DELIVERY. Any claims made after proper notice for breach of the foregoing warranties must be commenced within the lesser of one year or the minimum time allowed by applicable state law. Seller will, at Seller’s option, refund the purchase price of the Goods, repair the goods or provide other goods to replace any warranted goods which prove defective at the time of delivery. BUYER’S REMEDIES AS STATED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES, AND SELLER IS NOT LIABLE FOR ANY DAMAGES, WHETHER ORDINARY, INCIDENTAL OR CONSEQUENTIAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THOSE PROVISIONS OF THIS LIMITED WARRANTY WHICH WOULD BE INVALID UNDER APPLICABLE STATE LAW DO NOT APPLY TO RELEVANT TRANSACTIONS IN THOSE STATES.
AGREEMENT TO TERMS
I have read the Truss-T Hanger, LLC ‘s Terms and Conditions. I agree to each of the Terms and Conditions of Sale. I promise to pay all invoices in accordance with the Terms and Conditions set forth above. I agree to pay a finance charge of 1.75% per month, which is an annual percentage rate of 21%, on any balance not paid by the last day of each following month. I further assume responsibility for all bills contracted in my name at the above address. In the event it is necessary for your company to incur any collection costs or institute suit to collect this agreement, I promise to pay such additional costs. These additional costs include reasonable attorney’s fees and costs as described in the Terms and Conditions, 11 Attorneys Fees. I authorize the release of credit information to Dun and Bradstreet and other appropriate inquiring companies. I hereby waive any requirement that my signature be in writing, and expressly acknowledge that clicking the I AGREE button below serves as an valid and binding offer which Truss-T Hanger, LLC may, in its sole discretion accept or decline.
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