Terms of Service
For design services, or design-build services, our standard terms and conditions are per the Design-Build Manual of Practice Document Numbers 520, 525, 530, and 535 (as appropriate). Published by the Design-Build Institute of America, Washington, D.C.
For contracting services, our standard terms and conditions are per AIA Document Numbers A-101, A-111, A-201, and A-401 (as appropriate). Published by the American Institute of Architects, Washington, D.C.
License, bonding, and insurance information is available upon request.
For purchased products and all other services performed without a written contract signed by both parties, our standard terms and conditions are as follows:
DISCLAIMER OF EXPRESS WARRANTIES
There are no warranties which extend beyond the specification, if any, and descriptions stated on the order acknowledgement or on the label or directions included with shipment of the product. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, and no such affirmation, representation, or warranty shall be enforceable by Buyer or by anyone claiming through Buyer.
DISCLAIMER OF IMPLIED WARRANTIES
SELLER MAKES NO GUARANTEE OR IMPLIED WARRANTY. IT IS SPECIFICALLY AGREED THAT THE GOODS SOLD UNDER THIS CONTRACT ARE SOLD WITHOUT ANY WARRANTY OF MERCHANTABILITY. IT IS ALSO SPECIFICALLY AGREED THAT SELLER MAKES NO WARRANTY THAT THE GOODS SOLD UNDER THIS CONTRACT ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE MATERIAL DOES NOT CONTAIN HAZARDOUS SUBSTANCES OR ANY OTHER IMPLIED WARRANTY WHATSOEVER.
REMEDIES IN THE EVENT OF CLAIM
Inspection and evaluation of goods shall be made within five days after arrival of material. In the event of any claim relating to the nature of the product purchased, Buyer must submit to Seller within the five day inspection period a full and final written statement of the claim. In the event of such claim, Buyer.s sole and exclusive remedy shall be replacement of the defective product or, at the option of Seller, return of the purchase price. The parties agree that such replacement or refund shall be in lieu of all other remedies at law or in equity, including but not limited to the right of indemnity. IT IS AGREED THAT USE OF MATERIAL BY BUYER CONSTITUTES ACEPTANCE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
Without in any manner limiting any other term of this agreement, the parties agree that in all events Seller shall not be liable for damages for injuries to persons or property or other incidental or consequential damages or specific performance under any tort, negligence, strict liability, contract, or other legal or equitable theory, including indemnity. Seller shall have no liability for Buyer.s cost of effecting cover, or for the loss of profit, revenue, or property arising out of the delivery, installation, or use of Seller.s product, even if Seller shall have been advised of the possibility of such potential loss or damage. Seller shall not be liable for any delays or defaults in making delivery, including but not limited to delays or defaults due to action of any governmental authority, shortage of labor, raw materials, production facilities, or transportation, labor difficulties, fires, floods or accidents. Seller may, in its discretion, postpone dates of delivery to a time or times when such causes have been removed.
Buyer shall indemnify and hold harmless Seller, its Officers, agents, and employees from and against any and all liabilities, damages and losses, including costs and expenses associated therewith, for death or injury to any persons whomsoever and for the loss of, damages to, or destructions of any property whatsoever, caused by, arisen out of, or in any way connected with the delivery, installation, or use of the product purchased under this agreement from Seller.
Each shipment under this or any other order is a separate contract, and failure of Seller to deliver any shipment or any part of any shipment, or the nonconformity of any shipment or part of any shipment, does not relieve Buyer of the obligation to accept and pay for the balance of the goods. In event of any failure of tender by Seller, Seller reserves the right to promptly correct the tender upon written notification by Buyer of the defect in tender. Delivery which is made within 14 days of the delivery date specified in the order acknowledgement and which does not vary by more than five percent (5%) greater or less than the quantity contracted for, shall constitute compliance under this contract.
Any material returned for credit is subject to verification by Seller.
LIMITATIONS OF TERMS
The terms contained herein shall control the parties. transaction. No agent, employee, or representative of Seller has any authority to waive, vary or change these terms nor to accept additional terms added by Buyer. Buyer.s acceptance is expressly limited to Seller.s terms, notwithstanding any provision contained in Buyer's forms.
No employee, agent, or sales person, other than an authorized officer of Seller has the authority to waive or vary any term of this agreement for an order or to take oral order or make any sales or other terms or create any express or implied warranties of merchantability, fitness for purpose, or of title. Buyer hereby expressly agrees that any order for purchase from Seller shall incorporate the terms and conditions stated herein.
This agreement shall be deemed to have been made in Kansas and shall be interpreted, and the rights and liabilities of the parties be determined, in accordance with the laws of the State of Kansas.
In the event that an action or proceeding shall be commenced to enforce terms of this contract, The prevailing party shall be entitled to enforce terms of this contract, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs. In the event that Buyer fails to make complete payment when due, interest shall be added to the balance at 1.5% per month or the maximum legal rate allowable by law. SELLER RESERVES ANY MECHANICS LIEN OR BOND RIGHT, OR OTHER REMEDY FOR NON PAYMENT PROVIDED BY LAW.
Risk of loss and/or damage to material shall be the responsibility of Buyer once the material is delivered by Seller to a common carrier. Any chartering arrangements made by Seller shall be binding upon Buyer. If Buyer has any particular conditions or restrictions pertaining to loading or discharge facilities, Buyer must notify Seller of the same prior to completion of chartering arrangements. Acceptance of a shipment by a common carrier shall constitute delivery of the material to Buyer. All taxes and other charges imposed/levied by any governmental authority with respect to this transaction shall be paid by Buyer. Any increase in freight charges shall be for Buyerr's account.
Seller's obligation hereunder is specifically contingent upon approval of Buyer's credit.
THESE TERMS AND CONDITIONS SUPERSEDE ALL OTHER TERMS AND CONDITIONS WHETHER ISSUED BY BUYER OR SELLER
ACCEPTANCE OF GOODS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
Use and Application Information
The manner in which you use and the purpose to which you put and utilize our products, technical assistance and information (whether verbal, written or by way of product evaluations) including any suggested recommendations are beyond our control. Therefore, IT IS IMPERATIVE THAT YOU TEST OUR PRODUCTS, technical assistance and information to determine to your own satisfaction whether they are suitable for your intended uses and applications. YOUR USE OF OUR PRODUCT CONSTITUTES ACCEPTANCE. This application-specific analysis must at least include testing to determine suitability from a technical as well as health, safety, and environmental standpoint. Such testing has not necessarily been done by us. Unless we otherwise agree in writing, all products are sold strictly pursuant to the terms of our standard conditions of sale. THE CONDITIONS OF SALE ARE FOUND ABOVE. All information and technical assistance is given without warranty or guarantee and is subject to change without notice. It is expressly understood and agreed that you assume and hereby expressly release us from all liability, in tort, contract or otherwise, incurred in connection with the use of our products, technical assistance, and information. Any statement or recommendation not contained herein is unauthorized and shall not bind us. Nothing herein shall be construed as a recommendation or use any product in conflict with patents covering any material or its use. No license is implied or in fact granted under the claims of any patent.
Health and Safety Information
Appropriate literature has been assembled which provides information concerning the health and safety precautions that must be observed when handling Athletic Polymer Systems products mentioned in this publication. Before working with any of these products, you must read and become familiar with the available information on their hazards, proper use, and handling. This cannot be overemphasized. Information is available in several forms, e.g. material safety data sheets (MSDS) and product labels. Consult your Athletic Polymer Systems representative or contact the Athletic Polymer Systems Safety Officer at 1-620-231-4239.
For materials that are not Athletic Polymer Systems products, appropriate industrial hygiene and other safety precautions recommended by their manufacturer(s) must be followed.
All information contained herein is subject to change without notice.
© 2005 Athletic Polymer Systems, Inc.