REVIEW OUR TERMS AND CONDITIONS.





TERMS AND CONDITIONS


All sales made by contractor are subject to the Terms and Conditions, which shall prevail over any inconsistent terms of Purchaser’s purchase order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Contractor unless they are specifically authorized in writing by Contractor’s authorized representative. No modification or alteration of these provisions shall result in Contractors shipment of goods following receipt of Purchaser’s purchase order, or other documents containing provisions, terms, or conditions in addition to, in conflict with, or inconsistent with these provisions. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein.


Prices in quotations made by Contractor are subject to change without notice, and all quotations expire and become invalid if not accepted with in 30 days from the date of issue, unless otherwise noted by Contractor in writing. And jobs that continue on for more than one (1) full year (commencement to completion) may be subject to price increases. Price extensions when made are for Purchasers convenience only, and they, as well as any mathematical, stenographic or clerical errors, are not binding on Contractor.


Contractor shall not be liable for delay in progress and all quotations and agreements are contingent upon any cause beyond Contractor’s reasonable control, including, but not limited to, governmental actions, strikes or other labor troubles, fire, damage or destruction of goods, manufacturers shortages, inability to obtain materials, fuels, or supplies, acts of God, or any other cause whatsoever beyond Contractor’s control.


Payment of progress invoices constitutes acceptance of the total estimate price, which is listed on each invoice.


Goods are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Purchaser by the original manufacturer of such goods. ALL OTHER WARRANTIES ARE EXCLUDED WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY OF FITNESS FOR PARTICULAR PURPOSE. Contractor’s liability hereunder, and purchaser’s exclusive remedies hereunder. Whether in contract or in tort or pursuant to statute. For breach of warranty or for negligence, are expressly limited to the giving of credit or replacement. CONTRACTOR MUST BE GIVEN WRITTEN NOTICE IDENTIFYING DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS BY PURCHASER. CONTRACTOR MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF REQUESTED BY CONTRACTOR, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITH THE PROVIDED TIME, OR FAILURE TO RETURN ALLEGEDLY DEFECTIVE GOODS TO CONTRACTOR FOLLOWING CONTRACTOR’S REQUEST CONSTITUTES A WAIVER OF ALL CLAIMS AGAINST THE CONTRACTOR. CONTRACTOR’S MANUFACTURER OF SUCH GOODS, PURCHASER AND CONTRACTOR AGREE THAT CONTRACTOR SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FOR THE SALE, HANDLING, INSTALLATION OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN PURCHASER AND CONTRACTOR . PRODUCTS THAT ARE SUPPLIED BY AND INSTALLED BY OUR COMPANY ARE WARRANTIED TO BE FREE OF DEFECT FOR THE AMOUNT OF ONE (1) YEAR FROM ORIGINAL COMPLETION/INSTALLATION REPLACEMENTS WILL NOT GIVE THE RIGHT FOR THE WARRANTY PERIOD TO BE EXTENDED.


No credit for goods returned by purchaser shall be given without Contractor’s written authorization. All returns are subject to a restocking charge. No claim for shortage of goods or damage to goods shall be allowed unless Purchaser, with in ten (10) days after receipt of shipment, gives Contractor written notice of the claim for shortage or damage and in such written notice fully describes the shortage and/or damage alleged. Contractor shall not be liable to Purchaser for goods which are damage or lost while in the possession of a common carrier, and it will be Purchaser’s responsibility to recover any and all damage directly from the common carrier.


Contractor assumes no responsibility whatsoever for the contractor's interpretation of plans or specifications provided by Purchaser and Purchaser’s acceptance must be premised on final approval by architects, engineers, or other third parties, and not on Contractor’s interpretation.


Unless otherwise stated, payment terms are net 30. Payment is due in the form of cash, check, or money order. Purchaser agrees to pay Contractor on past due accounts a monthly interest charge of 18% annually. The interest rate provided herein shall continue to accrue after Contractor obtains judgment against Purchaser.


Purchaser agrees to pay Contractor all cost and expenses of collection, suit, or other legal action, including all actual attorney’s and paralegal fees, incurred pursuit, through trial, on appeal, or in any administrative proceedings brought as a result of the commercial relationship between them.


Purchaser waives any and all privileges and rights which Purchaser may have relating to venue. Purchaser and Contractor agree that any legal action brought as a result of the account or business relationship between Purchaser and Contractor shall be brought in the venue of the state where the sales for the Contractor to Purchaser occurred, where the Purchaser is locates.


If purchaser fails to comply with these Terms and Conditions, or Purchaser’s credit becomes unsatisfactory in Contractor’s sole discretion, Seller reserves the right to terminate or restrict any order upon notice to Purchaser. Purchaser certifies that it is solvent and that it will immediately advise Contractor if it becomes insolvent. Purchaser agrees to send urban Plumbing Service, Inc. written notice of any changes in the form of ownership within five days of such changes.


PURCHASER AND CONTRACTOR AGREE AND INTEND THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS DOCUMENT AND THAT PURCHASER AND CONTRACTOR ARE THE SOLE INTENDED BENEFICIARIES OF THIS DOCUMENT.