SELLER’S TERMS TO GOVERN

Only the terms and conditions stated herein shall be binding upon STAN WEAVER & COMPANY (Seller) herein known as STAN WEAVER or SELLER. Purchaser or Buyer herein will be known as PURCHASER. Except as otherwise provided, all quotations and sales shall be subject to SELLER’S standard terms and conditions and BUYER is conclusively presumed to have accepted such terms and conditions unless otherwise agreed in writing. No modifications, amendment, or change, whether in Buyer’s purchase order, shipping release, forms or otherwise shall obligate the SELLER unless authorized in writing by STAN WEAVER.

PRICES

Prices are valid if accepted within Thirty (30) days of Quotation date and are subject to change if quoted products have not been ordered within the Ninety (90) days of acceptance. Field work, start up or training is NOT included in any pricing unless so stated in writing.

TAXES

Prices are subject to all applicable taxes. To the prices quoted PURCHASER is responsible for any sales or use tax, customs; whether international, federal, state or local, payable on the transaction for any applicable statute. Tax exemption certificates must accompany the purchase order. STAN WEAVER is not authorized to collect or remit taxes on orders shipped to destinations other than the State of Florida. It is the customer’s responsibility for the reporting and payment of other said taxes, if any. Entities operating outside of the United States and purchasing goods for exportation will be required to pay all applicable sales taxes to the Freight Forwarder’s shipping address. Credit of sales taxes will only be issued upon our receipt of the required Bill of Lading.

ACCURACY OF SPECIFICATIONS

Quotations are based on the accuracy of the specifications provided. STAN WEAVER reserves the right to re-quote a job at time of submission if construction specifications, shipping requirements, payment terms, or other materials do not conform to the information on which the original Quotation was based. Clerical errors are subject to correction. PURCHASER must review all materials to be ordered, especially sizes, quantities, widths, heights, and voltages, including those of louvers and heaters and all other products. When a Quotation is based upon a customer takeoff, STAN WEAVER is not responsible for models, accessories, quantities, or sizes. PURCHASER must check for accuracy.

ORDER ACCEPTANCE

Acceptance of orders is subject to credit approval by SELLER. The PURCHASER understands that the products being ordered by STAN WEAVER from the manufacturers we represent are specially fabricated materials and cannot be cancelled or changed without written authorization from STAN WEAVER. Additional charges or cancellation fees may apply.

PRODUCTION SCHEDULES

Estimated production schedules or lead times will be provided by SELLER to PURCHASER. Lead times are based on working days and do not allow for transit time. Lead times and shipment dates are Quotations only and may be subject to change as per manufacturer’s updates. SELLER cannot be held responsible for delays in the manufacturer’s production schedules due to customer approval of drawings, color matching or engineering issues.

SHIPMENT

Shipments are standard delivery FOB factory ground freight allowed to Florida unless noted otherwise. Shipping instructions must be available at the time of all order releases unless noted on the original purchase order. All risk of loss, damage and other incidence of title and ownership shall pass to the purchaser upon delivery to carrier at factory shipping point and such delivery shall constitute delivery to PURCHASER. Shipping dates or shipment arrival at destination will not be guaranteed by SELLER.

LIABILITY DISCLAIMERS

Purchaser agrees to release STAN WEAVER, who assumes no liability or responsibility for any loss, damage or delay in PRODUCTION OR SHIPPING SCHEDULES caused by strikes, lockouts, fire, theft, riot, war, nuclear disaster, acts of terrorism, acts of God, or any cause beyond its control and any event for consequential damages.

STORAGE

Orders delivered to STAN WEAVER will be subject to storage fees if not picked up within Five (5) days.

SHIPPING CLAIMS

In no event shall SELLER be liable for special or consequential shipping damage. Any claims for loss or damages in transit should be filed by the PURCHASER (Consignee) with the transportation company. Claims for shortage or damage of material must be reported to STAN WEAVER within Five (5) days from receipt of shipment at destination or within Five (5) days of STAN WEAVER invoice, whichever comes first. PURCHASER will be responsible to pay for both shipments as PURCHASER is responsible to file the freight claim. SELLER is not responsible for installation or mishandling of products as labor and handling are the responsibility of others.

RETURNS

PURCHASER may not return products without a STAN WEAVER Return Goods Authorization (RGA) or manufacturer’s Return Materials Authorization (RMA) or RGA. Products ordered from manufacturers on behalf of PURCHASER are specially fabricated materials and are subject to the manufacturer’s return policy. Products authorized for return will be subject to restocking fees.

TERMS / PAYMENTS / CLAIMS / LIENS

PURCHASER is subject to credit approval with credit terms as established on the SELLERS credit application. Terms are Net Thirty (30) calendar days from the date of invoice for customers with approved credit terms. No hold-back, deferred payment or retainage will be allowed. Any payment not made within Thirty (30) days of the due date shall accrue interest at a rate of 1 ½ % per month.  The PURCHASER shall provide a copy of any Notice of Commencement filed on record for the project and/or a Project Worksheet prior to SELLER starting work under the contract. As security for payment on any sum due under the terms of this agreement, SELLER has the right to file a Notice to Owner and/or lien on the project. If payment is not made, the customer is liable for all collection cost incurred. SELLER reserves the right to revoke or change credit terms to customers account or on subsequent orders.

PURCHASER invoices past due Sixty Five (65) days will be put on a credit hold and materials will not be released until the payment is made and the hold is released. Purchaser invoices past due Seventy Five (75) days will initiate the filing of a Lien on the project. If payment is made by Eighty (80) days, no Lien will be filed. If monies are not received by Eighty (80) days the Lien will be filed on the project,

The material is subject to shipment in whole or in part at the option of the SELLER and each shipment is subject to immediate invoicing.

Failure of PURCHASER to comply with the terms of payment or with any other terms of sale, SELLER shall have the right to withhold further deliveries or to cancel the unfilled portion of any order and charge PURCHASER for cancellation fees. All unpaid accounts shall thereupon become due and payable without prejudice to any claims for damages against SELLER.

It is understood that purchasing products from SELLER constitutes the PURCHASER'S acceptance of STAN WEAVER’s Standard Terms and Conditions. In the event PURCHASER’S purchase order states terms additional to or different from STAN WEAVER’S Standard Terms and Conditions, then PURCHASER has 72 hours to provide a written objection to SELLER. SELLER has 72 hours to accept or deny changes. The failure of PURCHASER to deliver notification of objection to SELLER shall be deemed PURCHASER’S acceptance. The laws of the State of Florida shall govern the validity, interpretation, and enforcement thereof.