Terms. These Terms and Conditions constitute a binding contract between you (“Buyer”) and Sonoma Reinforcing, Inc. and its affiliates (collectively, “Seller”) and are referred to herein as either “Terms and Conditions” or this “Agreement”. These Terms and Conditions are subject to change without prior notice.
SALE OF MATERIALS.
a. Seller agrees to sell, transfer and deliver the Materials to Buyer for the purchase price set forth in the Order, subject to all of the covenants, terms and conditions hereof.
b. Buyer agrees to purchase the Materials, subject to all of the covenants, terms and conditions hereof, and to pay Seller the purchase price set forth in the Order. Typographical and other clerical errors in the Order are subject to correction.
c. All new accounts will have a Credit Limit of $7,500.00 for the first six months of opening account. Seller will release new Orders to Buyer once Buyers account is paid in full.
d. Seller has a firm policy of collecting Pre Lien Information for orders over $5,000. Seller is responsible for providing Conditional and Unconditional Releases to Buyer. If Buyer does not want to provide Pre Lien information Buyer can instead pay for the Order upon delivery with cash or check. Seller does not accept credit cards at this time.
e. All purchases must be done in the Sales Office and be written up and approved by Management before going into the Shop for fabrication.
f. An account that is not used for twelve months or more will be subject to closure at Seller’s discretion. If Buyer’s account becomes closed they must resubmit an account application to become active again.
PURCHASE PRICE AND TERMS OF PAYMENT.
a. Products shipped against this Agreement shall be invoiced at the price set forth in the Order. Unless otherwise specified on the Order, payment of the purchase price shall be due Twenty-Days after the date of Seller’s correct invoice for such shipment or the date on which the Products are received by Buyer.
b. The purchase price for the Products shall include all taxes, customs duties, customs fees or other governmental charges due with respect to the Products.
c. Any account not paid within Twenty-Days shall be considered delinquent and a finance charge will be assessed. Finance charges will be charged at a monthly rate of 1.5% per month (18% per annum). In the event legal action is necessary to collect amounts due, the Buyer will pay all reasonable collection fees and costs.
d. Breaking Seller’s Terms and Conditions will result in cancellation of Buyer’s account and any open invoices will be due immediately.
MISC. SALES (COUNTER SALES).
a. Buyers without an account can purchase materials on a COD basis. Payment at the time of order, will-call pickup, or delivery can be made by check or cash only. Credit and Debit cards are not accepted.
b. Prices are subject to change at any time by Seller without notice to Buyer. Price quotes are only good for 24 hours.
c. Buyer is responsible for the accuracy of the Order before being placed in the Shop for fabrication.
d. All Custom Orders are FINAL with NO EXCEPTIONS.
e. Returns on Stock Inventory must be approved by the Office. Returns will be subject to a 15% Restocking Fee.
f. Seller agrees to refund Buyer within Five (5) business days by check. Refund checks will be mailed to Buyer via standard USPS.
Risk of Loss.
a. For all shipments, title to Products and risk of loss or damage pass from Seller to Buyer upon delivery to job site.
b. Shipping and delivery dates, if any, are approximate and are not guaranteed. Seller shall not be responsible for any damages or penalties whatsoever, whether direct or indirect, incidental, special or consequential resulting from Seller’s failure to deliver or delay in delivery for any reason. Delay in the delivery of products hereunder shall not relieve Buyer of its obligations to accept and pay for products.
Warranties.
a. Seller warrants to Buyer only that Products shall be free from defects in material and workmanship for a period of one year from the date of delivery, subject to Seller’s standard practices, manufacturing variations and commercial variations. Seller makes no other representations or warranties to Buyer regarding the Products and expressly disclaims all other implied or express warranties, including all warranties of merchantability and fitness for a particular purpose.
