All orders between Buyer and HardPine, Inc., Seller, are subject to the following guarantee and conditions:
- Terms of Payment: Thirty percent (30%) down, balance due upon delivery or within thirty days of completion, unless
such other credit terms are agreed to by the Seller and confirmed in writing. Amounts past due shall bear interest at 1-
1/2% per month on the unpaid balance. All orders are subject to credit approval. Applicable sales, use, local, State and
Federal taxes not included. Buyer agrees to assume and pay, report, and remit to the proper authorities, all such taxes.
Buyer is responsible for all collection costs incurred by the Seller including reasonable attorney’s fees should Buyer fail to
comply with any of these credit terms. - The terms and conditions of this document constitute a contract for all current and future transactions and will govern
in the event of conflict with the terms and conditions stated in plans and specifications or documents furnished by others.
An Express Mechanic’s lien is hereby acknowledged on above material to secure the amount of this invoice. - The Seller’s liability to the Buyer for any defective or imperfect materials or any materials that do not conform to
specifications, as related to the Seller, shall in no event be more than the stated selling price of such materials. THERE
IS NO EXPRESS WARRANTY OR MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EITHER
EXPRESS OR IMPLIED, WHICH EXTENDS BEYOND THE DESCRIPTION OF THE MATERIAL. Buyer may not rely on
oral statements in conflict with these terms and conditions made by the Seller’s agents. Seller must be immediately
notified by the Buyer regarding all claims for alleged defects, imperfections, or variations from the specifications,
wither in person or via telephone: and in writing by the Buyer within fifteen (15) days of delivery and before
additional construction interferes with their correction. Seller must be afforded first opportunity to correct and
bring to resolution all alleged defects, imperfections, of variations from specifications. Additional costs will not
be defrayed, if variations from specifications are not apparent on documentation submitted to the Seller by the
Buyer. - The Seller will not be responsible for loss or damage arising from delays caused by circumstances beyond the Seller’s
reasonable control, including lack of complete or correct data, tardy approval of shop drawings, strikes, weather, or other
acts of God. - All materials shall be manufactured in accordance with the Seller’s engineering details, as approved by the Buyer or
his approving agent. - The Seller will not be responsible for field measurements.
- Seller will not erect material or assume responsibility for erection unless specified in writing as part of this order.
- All material is custom made; therefore, cancellation or changes will be accepted only before fabrication has begun on
the order provided. Buyer pays all costs incurred by the Seller, such as for shop drawings, engineering, etc. All
cancellations must be confirmed in writing. - Seller will not supply any hardware or accessories unless specified in this order.
- Correction of minor misfits shall be considered a legitimate part of erection and not the responsibility of the Seller.
- Buyer will be responsible for property damage and personal injury arising from improper handling and/or improper
bracing and/or failure to properly protect the components after receipt. Buyer is responsible for adhering to all bracing
requirements (temporary and permanent) after receipt. - Estimated delivery dates are based on Seller’s current production and delivery schedules and can be changed only
with the Seller’s consent. Delivery times are given by the delivery date only and not a specific hour. - Acceptance of these terms and conditions is presumed and made a part of the Buyer’s and Seller’s contract unless
objection in writing delivered to Seller is made to these terms before Seller has done any work on Buyer’s order. - HardPine, Inc. retains any lien rights.