Terms and Conditions of Sale
All references in this document to "Seller" shall mean Gulf Coast Supply and Manufacturing, LLC.
All sales made by Seller are subject to these Terms and Conditions of Sale, 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 Seller unless they are
specifically authorized in writing by Seller's authorized representative. No modification or alteration of these provisions shall result by Seller's 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. Seller’s terms and conditions are subject to change upon written notice and all future sales and extension of credit are at the sole discretion of the Seller.
Prices in quotation made by Seller are subject to change without notice, and all quotations expire and become invalid if not accepted within 30 days from the date of issue, unless otherwise noted by Seller in writing. Price extensions, when made, are for Purchaser's convenience only, and they, as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Seller to Federal, State or local authority. Any taxes now or hereafter imposed upon sales of shipments will
be added to the purchase price. Purchaser agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption
Seller shall not be liable for delay or default in delivery and all quotations and agreements are subject to any cause beyond Seller's reasonable control, including, but not limited to, governmental action, strikes, or other labour 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 Seller's direct and immediate control.
Goods not manufactured by Seller 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 warranty claims shall be made directly to the manufacturer in accordance with the manufacturer’s
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER'S LIABILITY HEREUNDER, AND
PURCHASER'S EXCLUSIVE REMEDIES HEREUNDER, EITHER 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. PURCHASER, IN
ADDITION TO COMPLYING WITH THE MANUFACTURER’S WARRANTY, MUST GIVE SELLER WRITTEN NOTICE IDENTIFYING THE
DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS. SELLER MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF REQUESTED BY SELLER, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED, OR FAILURE TO RETURN ALLEGEDLY DEFECTIVE GOODS TO SELLER FOLLOWING SELLER'S REQUEST CONSTITUTES AWAIVER OF ALL
CLAIMS AGAINST SELLER. SELLER'S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT IS LIMITED TO THE EXTENT THAT SELLER IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS. PURCHASER AND SELLER AGREE THAT SELLER SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, IN ANY WAY ARISING FROM 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 SELLER.
No credit for goods returned by Purchaser shall be given without Seller's prior written authorization. All returns are subject to a restocking charge of not less than 20%. No claim for shortage of goods or damage to goods shall be allowed unless Purchaser, within ten (10) days after receipt of shipment, gives Seller written notice of the claim for shortage or damage and in such written notice fully describes the shortage and/or damage
alleged. Seller's responsibility ceases upon issuance of Bill of Lading. Seller shall not be liable to Purchaser for goods that are damaged 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. Special order items are considered billable at time of order and are non-returnable. All material shall be shipped/delivered uninsured unless stated otherwise. Any change in quantities or destination may result in a price adjustment by Seller.
Seller assume no responsibility whatsoever for Seller'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 Seller's interpretation.
Unless otherwise stated, payment terms are 10th prox. Payment is due in the form of cash, check, credit card, or money order. Seller may apply
Purchaser's payment against any open charges within Seller's sole discretion. Purchaser agrees to pay Seller on past due accounts a monthly interest charge equal to the maximum interest charge permitted to be charged by the law governing the account between Purchaser and Seller.
The interest rate stated herein shall continue to accrue after Seller obtains a judgment against Purchaser. All payments shall be applied to late fees
first, interest second, and principal last.
Purchaser agrees to pay Seller all costs and expenses of collection, suit, or other legal action, including all actual attorney's and para-legal fees,
incurred pre-suit, during suit, through trial, after suit, on appeal, or in any administrative proceedings brought as a result of the commercial relationship between them. Seller may assign any cause of action that Seller may have against Purchaser to Gulf Coast Supply and Manufacturing, LLC., or any any affiliate thereof without the consent of Purchaser. To the extent Seller agrees to release a lien or waive bond rights, this does not
constitute a waiver or release of Seller’s rights or claims in contract, tort or equity. All releases are expressly contingent upon receipt of good funds
in-handpaid to Seller.
Purchaser waives any and all privileges and rights that Purchaser may have relating to venue. Purchaser and Seller agree that any legal action
brought as a result of the account or business relationship between Purchaser and Seller shall be brought in the venue of the state where monies
are due to Seller or, at the election of the Seller, where Purchaser is located, including, but not limited to Dixie County, Florida.
If Purchaser fails to comply with these Terms and Conditions of Sale or Purchaser's credit becomes unsatisfactory in Seller'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
Seller if it becomes insolvent. Purchaser agrees to send Seller written notice of any changes in the form of ownership of Purchaser's business
within five days of such changes.
PURCHASER AND SELLER AGREE AND INTEND THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS DOCUMENT AND THAT
PURCHASER AND SELLER ARE THE SOLE INTENDED BENEFICIARIES OF THIS DOCUMENT.