Policies
[This document resides on
the back of each Shope Concrete Products customer invoice]
Shope Concrete Products Standard Terms &
Conditions of Sale
In consideration
of the mutual promises and agreements contained herein, the buyer
(“Buyer”) and Shope Enterprises, Inc. dba Shope Concrete Products (“Shope”)
hereby agree as follows:
|
1. |
WARRANTY |
| |
Shope
warrants that the products provided to the Buyer in
connection herewith (collectively “Products”) conform
substantially to the descriptions set forth on the reverse
side hereof and shall be free from material defects. THE
FORGOING WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND OF ALL OTHER OBLIGATIONS OR
LIABILITIES ON THE PART OF SHOPE. Shope does not guaranty
delivery times shall coincide with Buyers requested time
schedule. Shope shall not be responsible for Products left
on Buyers jobsite or otherwise or for damage done by third
parties. |
| |
|
|
2. |
LIMITATION OF REMEDIES |
| |
Buyers
remedy for breach of any of the forgoing warranty shall be
limited to (a) the replacement or repair by Shope of defects
in the Products or (b) the reimbursement of the price paid
by Buyer for the Products. The determination, of which such
remedy, shall be applicable and shall be determined by Shope,
to its sole discretion. THE ABOVE STATED REMEDIES ARE SHOPES
ENTIRE AND EXCLUSIVE LIABILITIES AND BUYERS EXCLUSIVE
REMEDIES FOR ANY CLAIM FOR DAMAGES IN CONNECTION HEREWITH.
By way of illustration and not limitation, in no event shall
Shope be liable for any direct, indirect, special or
consequential damages or delay whatsoever or loss of use and
Shope’s liability under no circumstance will exceed the
contract price for the Products for which liability is
claimed. Shope shall not be held liable for any loss due to
a failure to deliver the Products as requested by Buyer,
including any loss of time or increased expenses for Buyer’s
contractor. All claims for breach of any of Shope’s
warranties shall be barred unless Buyer notifies Shope in
writing within 30 days of discovery of the breach.
Additionally, any claim arising out of or related to this
Agreement must be brought no later than one (1) year after
the same has accrued, or it shall be deemed waived. Shope
shall not be responsible for any repairs performed by third
parties unless such repairs are authorized by Shope in
writing in advance. |
| |
|
|
3. |
PRICES /
PAYMENT |
| |
The Buyer
shall pay promptly the sums set forth on the reverse side
hereof. Unless stated otherwise, (a) payment is due on the
eleventh (11th) day of the month following
delivery or, if earlier, acceptance of the Products and (b)
the sums owing shall be discounted by one percent (1%) in
the event they are paid on or before the tenth (10th)
day of such month. By way of illustration, in the event that
the Products are delivered to Buyer on either April 12 or
May 9, the payment shall be due and payable May 11.
Notwithstanding the above, sums owing for Products that are
custom modified shall be due, without discount, immediately
upon completion of manufacturing. Buyer shall be responsible
for all customs, duties, and taxes such as sales, use
excise, retailer’s occupation or similar taxes, and any
costs for shipping and travel by employees of Shope. |
| |
|
|
4. |
DELIVERIES |
| |
Off road
deliveries shall be made by Shope subject to the discretion
of its driver and only under its truck’s own power. If
Shope's delivery truck becomes stuck, in the event it is
unable to move because of the poor road or driveway
conditions, and requires a tow truck or other assistance,
buyer shall be liable for all expense related thereto,
including towing costs and damage to the vehicle. |
| |
|
|
5. |
ACCEPTANCE |
| |
Terms and
conditions of this agreement contain the entire agreements
of the parties. No waiver, alteration or modification of any
of the provisions hereof shall be binding on Shope unless
made in writing and signed by a duly authorized office of
Shope. |
| |
|
|
6. |
RISK OF
LOSS |
| |
Buyer is
responsible for verifying quantity and condition of the
Products upon delivery. The Buyer shall be responsible for
all risk of loss to the Products after delivery thereof, due
to any cause whatsoever. Buyer acknowledges that it shall be
buyer’s responsibility if Buyer desires, to insure against
this risk. |
| |
|
|
7. |
CANCELLATION CHARGES |
| |
Orders
placed by Buyer may not be cancelled without Shope’s written
consent. Buyer agrees to indemnify Shope against all loss,
damage or expense incurred due to cancellation including,
but not limited to the cost of special materials, no
resalable goods, completed or in process, labor, engineering
time, overhead, and profit. A minimum charge of 20% of the
contract price shall be applied in the event of a
cancellation. Notwithstanding the previous, in no event
shall modified Products be returnable to Shope or credit
given if such Products are not used by Buyer. |
| |
|
|
8. |
ATTORNEY
FEES |
| |
In the
event an arbitration, suit or action is brought by any party
under this agreement to enforce or interpret any of its
terms, or in any appeal there from or in any bankruptcy
action, it is agreed that the prevailing party shall be
entitled to reasonable attorney’s fees and/or collection
costs. |
| |
|
|
9. |
JURISDICTION / VENUE |
| |
This
agreement shall be binding upon the successors and assigns
of Shope and Buyer, and shall be governed by and construed
in accordance with the laws of the State of Washington. In
the event of litigation between the parties to enforce any
terms of the agreement, the parties agree that venue shall
be in either the Superior Court of the State of Washington
for Pierce County, as shall be determined by Shope. |
| |
|
|
10. |
FORCE
MAJEURE |
| |
Shope shall
not be held liable for any loss, damage, or delay due to
accident, fire, labor difficulties, acts of God, material
shortages, carriers delay, or any cause beyond Shope’s
control. |
| |
|
|
11. |
INDEMNIFICATION |
| |
Buyer shall
indemnify, save harmless and defend Shope from all liability
for loss, damage, or injury to person or property in any
manner arising out of or incident to the performance of this
Agreement. |
| |
|
|
12. |
NO
ASSIGNMENT |
| |
Buyer
agrees that it will not assign this Agreement in whole or in
part without Shope’s prior written consent. |
| |
|
|
13. |
PERSONAL
GUARANTEE |
| |
By
accepting the Products, to the extent that the Buyer is a
corporation, limited liability company, or other similar
entity, the individual members, shareholders and/or owners
of the Buyer hereby guarantee the obligations owing to Shope.
|
| |
Return
to top |
|
|
Printer
Friendly
Standard Terms |
Standard Terms
Printer Friendly HTML
Standard Terms
Microsoft Word Format
 
Standard Terms
Adobe PDF
|
|
|
