U.S. Terms and Conditions of Sale – CertainTeed Roofing Products
Acceptance of this order and shipment of the materials and quantities listed are subject to the following conditions:
- Failure to notify Seller immediately of any errors or of non-acceptance of the conditions herein shall constitute acceptance by Buyer.
- WARRANTY – Seller warrants only that materials shipped in accordance with this order shall meet Seller’s manufacturing specifications, classifications and standards of quality and grade, regardless of any trade term or designation specified. No material shall be returned, for any cause, without Seller’s prior written approval. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND SELLER SHALL NOT BE LIABLE FOR GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SELLER’S SOLE LIABILITY HEREUNDER SHALL BE LIMITED, AT SELLER’S OPTION, TO EITHER FURNISHING AN EQUAL QUANTITY OF NEW MATERIAL TO REPLACE DEFECTIVE MATERIAL OR TO REFUNDING THE PURCHASE PRICE. However, in the event that such roofing materials are shingles, which are to be used for a purpose that would categorize them as a consumer product under the terms of the Magnuson-Moss Warranty Act, then the terms of Seller’s written limited warranty would apply. Copies of such written limited warranty are available from your dealer, contractor, or Seller. No representative of Seller, or its distributors or dealers, is authorized to modify this section or to issue any other warranty regarding materials delivered hereunder.
- Seller shall not be liable for delays or failure to perform hereunder due to actual or threatened labor trouble, riot, civil commotion, war, fire, epidemic, act of God, or compliance with any order, rule or regulation of any governmental body or agency, transportation delays, shortage or failure of supply of power, fuel, raw materials or equipment or any other cause beyond Seller’s reasonable control.
- Seller shall have the right to cancel this order, or any portion thereof, if unable to ship within the time specified or because of discontinuance of production of any item listed at the plant from which shipment is to be made.
- This order is subject to all conditions of Seller’s published merchandising plan in effect at the time of shipment covering any, or all, of the products ordered.
- FREIGHT, PACKAGING, AND DELIVERY – Freight charges to the destination, rail or truck, may be prepaid in accordance with Seller’s Merchandising Plan. Seller reserves the right to ship orders at the most economical rate. Where Buyer requests special packaging or handling the additional cost will be billed to buyer.
- RISK OF LOSS. All shipments of goods hereunder shall be FOB Seller’s or Seller’s supplier’s plant. The risk of any damage, loss or shortage to said goods shall pass to Buyer upon delivery of said goods by Seller to the common carrier, even though Seller may agree to be responsible for costs of shipment. Any claims for loss, damage or breakage should be filed by Buyer with the Carrier in writing immediately on receipt of the material, supported by an inspection report or signed delivery receipt noting loss or damage. Non-defective returns may be subject to a restocking fee of 15% of the invoice price of the products returned, including any discounts. Buyer may in addition be assessed additional costs incurred by Seller that are directly associated with any such return, at Seller’s discretion. Such costs may include but are not limited to freight, handling, etc. No material shall be returned, for any cause, without Seller’s prior written approval.
- Any governmental taxes or charges applicable to this shipment at the time of shipment shall, at the option of Seller, be charged to, and paid by Buyer.
- Shipment is subject to credit approval by Seller’s Credit Department.
- In the event of a published price increase by Seller on any, or all, of the materials listed herein on which shipment cannot be effected prior to the effective date of the increase, such items will be shipped and invoiced at the price in effect at the time of shipment unless the order is canceled by Buyer.
- PAYMENT OF UNDISPUTED INVOICES – Invoices rendered by Seller covering goods not in dispute shall be paid by Buyer, regardless of disputes relating to other invoices or other delivered or undelivered goods, and as to such disputed invoices Buyer waives the right to assert offsets, defenses, or counterclaims.
- LIMITATION ON CIVIL ACTIONS – Buyer agrees than any civil action against Seller arising out of the contract for sale of goods hereunder shall be brought or commenced within one (1) year of the date the cause of action occurred: otherwise it shall be barred. This limitation does not apply to those claims brought pursuant to the written limited warranty.
- The above conditions will not be abrogated or altered, in any way, nor shall any collateral agreement be binding, unless covered in writing and signed by an officer of Seller. In the event of any conflict between the terms hereof and any purchase order of Buyer, the terms hereof shall govern. No modification of said Conditions shall be effective unless made in writing on a subsequent date hereof and executed by Seller. Acceptance by Buyer of any roofing materials delivered hereunder shall constitute acceptance of said Conditions.
- The terms and conditions hereof shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
We hereby certify that the materials herein were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act of 1938, as amended, and with regulations and orders of the U.S. Department of Labor issued under Section 14 thereof.