Terms and Conditions of Sale

  1. All prices for items in this contract / proposal are FOB Buyer’s delivery location, unless otherwise specified.
  2. All orders processed by Simpson Steel Building Company (hereinafter “Seller”) will require a minimum, nonrefundable, deposit of thirty percent (30%) of the total order with the balance due by wire transfer no later than seven (7) days prior to the Load Date (the date upon which the delivery truck is loaded with the purchased items), unless specified otherwise, in writing and signed by both parties.
  3. Seller will arrange freight to jobsite.
  4. All orders are subject to approval and acceptance by Seller.
  5. Custom-fabrication of materials shall not begin until a minimum of thirty percent (30%) deposit is received.
  6. The Buyer has and does by these presents grant to Seller and Seller has and does hereby retain a security interest in all parts and accessories described in and being purchased by the Buyer pursuant to this Agreement. The security interest herein granted by the Buyer and retained by Seller is to secure payment of the full purchase price and all other charges due and owing Seller by the Buyer under the terms of this sale. This security interest constitutes a “purchase money security interest” pursuant to the Uniform Commercial Code. This instrument is a contract, security agreement and financing statement between the parties hereto.
  7. If, at the Buyer’s request, the delivery of materials is delayed, then upon request, Seller will agree to extend the time in which the wire transfer is to be made.
  8. Buyer will reimburse Seller for the cost of storing materials if shipment is delayed by the Buyer and the Buyer will assume any damages to the material caused by any deterioration.
  9. The Buyer may cancel an order by giving written notice to Seller. In the event of such cancellation, the Buyer agrees to pay Seller for all costs and damages incurred by Seller in preparing to perform the terms of the order and in performing the terms of the order prior to the receipt by Seller of such written notice, including but not limited to Seller’s expenses of purchase of material, fabrication and overhead.
  10. Buyer hereby waives any and all claims against Seller, and Seller, shall not be liable to Buyer, for any claims, damages, direct or consequential, relating in any way directly or indirectly to damages that may be sustained by Buyer, including loss of use, arising out of delay in carrying out this contract due to fire, strike, weather, acts-of-God, war, insurrection, pandemic, mob action, act of government, loss, damage, material shortages, floods, storms, supplier shortages, or other acts or circumstances outside of the control of Seller.
  11. Seller warrants its products against failure due to defective workmanship or materials, provided however that Seller’s liability shall be limited to the replacement of defective parts, FOB manufacturing plant (dismantling and installations are not included), or repair of defective parts. Except to the extent of the warranty Seller may actually receive from the manufacturer. Seller makes no warranty, express or implied, as to the merchantability or fitness for any particular purpose of the property sold under this contract. Claims for shortages or defective materials must be made to Seller in writing withing ten (10) days after receipt of shipment, or shall be conclusively waived.
  12. Please refer to the Metal Building Manufacturer’s Association (“MBMA”) “common Industry Practices” for any and all questions regarding shortages, back charges, freight claims, etc. Copies available upon request.
  13. In acceptance of this proposal, Buyer and Seller are in agreement that the exclusive venue and jursidiction for any and all claims and/or disputes shall be Crawford County, State of Arkansas, and for the purposes of this agreement only, Buyer and Seller irrevocably submit to the jurisdiction of the State of Arkansas and agree to not file any motions or objections to venue, personal jurisdiction, or subject matter jurisdiction.
  14. In the event of a breach of this Agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees, and costs of the other party incident to any action brought to enforce this Agreement. In the event Buyer fails to pay Seller all amounts which become due under this Agreement, or fails to perform its obligation hereunder, and Seller refers such matter to an attorney, Buyer agrees to pay, in addition to the amount due, any and all costs incurred by contractor as a result of such action, including, to the extent permitted by law, reasonable attorney fees and costs.
  15. Any changes required by Buyer or Buyer’s permit authority will be the responsibility of the Buyer, and the associated costs for such will be added to the contract price.
  16. Pricing is subject to the availability of steel and related pricing. Should an increase in steel prices take place prior to final delivery the resulting increase shall be added to the contract price. Seller will make every effort to mitigate the increase in cost due to steel price increases.
  17. This Agreement contains the entire Agreement of the Parties and supersedes any previous understanding, commitments or agreements, oral or written, with respect to the subject matter hereof.
  18. This Agreement may be modified from time to time by the mutual written consent of the Parties.
  19. Neither Party may assign or transfer its interest hereunder without the prior written consent of the other.
  20. Each provision of this Agreement is severable. If any is declared void, illegal or unenforceable, the remaining paragraphs shall retain their full force and effect.