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Boys Contracting Terms and Conditions

ACCEPTANCE:

Unless otherwise stated herein, quotations must be accepted by a purchase order acknowledging in writing delivered to Boys Contracting, LLC (Seller) within thirty (30) days from the date of the quotation or before shipment of product, whichever is first. All quantities are estimates only. The Purchaser is responsible for actual item quantities required for completion of the scope of the work. Prices quoted are based upon quantity as indicated. All shipments are subject to prior approval of Purchaser’s credit. Any order for goods and/or services which is placed with Seller, regardless of how placed, is subject to these terms and conditions. No modified or other conditions will be recognized by Seller unless specifically agreed to in writing and failure of Seller to object to provisions contained in any purchase order or other communications from Purchaser shall not be construed as a waiver of these terms and conditions, nor acceptance by Seller of any such provisions. No order accepted by Seller may be altered or modified by Purchaser unless agreed upon in writing by Seller, and no such order may be cancelled or terminated except upon payment on Seller’s loss, damage, and expense arising from such cancellation or termination, as set forth hereafter.
It is recognized that purchaser may have forms that have terms and conditions printed therein which differ from or add to the terms and conditions contained herein, and that such order forms may limit acceptance of the terms and conditions of such purchase order forms. In the interest of economy and convenience, it will be permissible for purchaser to place an order with seller on such purchase order form, but it is expressly understood that none of the terms and conditions therein shall be deemed effective and that in the case of such conflict, the terms and conditions set forth herein shall be deemed effective and agreed to between seller and purchaser and that acceptance of such forms shall not be deemed to be an acceptance of the terms and conditions of such forms.

TERMS OF PAYMENT:

Boys Contracting to be paid by General Contractor only. Invoice will be paid for material on-site. Boys Contracting will coordinate with customer & owner for payment of materials draw date.

Terms are thirty (30) days net, from invoice date, unless otherwise agreed to in writing. Retainage will not be accepted at any terms. All amounts due bear interest during the time they remain unpaid at a rate of 1.5% per month (18% per annum). If Purchaser shall fail to make payments in accordance to the terms agreed upon, Seller may defer further shipments until such payments are made or terminate the contract. Seller may otherwise defer shipment, require payment for any shipment hereunder in advance or terminate the contract if the Purchaser’s financial responsibility becomes unsatisfactory to the Seller. Minimum order is $25. Bank checks are accepted. In the event of a failure by Purchaser to make payment as required by these terms, Purchaser shall reimburse to Seller the reasonable attorneys fees, and costs incurred by Seller as a result of such failure. Specific job discounts are applied to the initial invoice if paid within thirty (30) days. If invoice is not paid within time limits, discount is null and void.

AVAILABILITY:

Availability is based upon current inventory levels of contracted vendor and production schedules as of the date of quote. Actual availability can only be determined on the date the order is placed.

PRODUCTS WARRANTY:

Having no control over the use of the products by Purchaser, Seller and its vendors assumes no liability connected with their use. Under no circumstances is Seller or its vendors liable for any loss, damage, or expense of any kind arising out of the use or inability to use its products. Once materials are delivered to and accepted at venue of Purchaser’s choice, Seller assumes no responsibility for damages, loss, or any other expense of any kind. Purchaser has sole responsibility for materials on-site. Seller will assist Purchaser within its ability to negotiate with Manufacturer to rectify problems arising from the use of manufacturer’s product(s).

FREIGHT TERMS:

Freight is FOB Shipping Point unless stated otherwise. All freight quotes are estimates only and are subject to actual costs incurred. If Purchaser requests product to be shipped from a location other than the quoted shipping point, Purchaser is responsible for additional freight cost. Orders that are in stock can be shipped  the same day. If overnight or next day delivery is needed, Seller will be happy to ship merchandise by any available express service Purchaser chooses. 

SHIPPING ERRORS:

Any claim of error in weight, number, or other specifications must be noted on the bill of lading and any claim arising therefore must be made in writing within the ten (10) days after receipt by Purchaser of the equipment, material of goods sold, or such claim shall be considered waived.

CANCELLATIONS:

Any order, resulting from this quotation, is not subject to cancellations as a whole or in part, and is not subject to change without written approval of the Seller. In the event Seller approves of a cancellation, Seller shall be entitled to the full contract price less any expenses saved by reason of such cancellation.

FORCE MAJEURE:

Seller shall not be responsible for any direct or indirect damages whatsoever caused by delays beyond the control of the seller, and without limiting the generality of the foregoing it shall not be responsible for any damages due to delays caused by fires, strikes, lockouts, labor difficulties, material procurement delays, or any other cause beyond its control.

DAMAGE IN SHIPMENT:

Despite Seller’s best efforts, items may occasionally be damaged in transit. Freight carriers are liable for damages only when damage is indicated on the bill of lading before Purchaser signs for the shipment. Therefore, Seller recommends that Purchaser, immediately upon receipt, inspect the outside and contents of all cartons received. If any damage is found, Purchaser should write details on the bill of lading and save the shipment, including the outside container and inside packing material. Ask the delivery carrier to make an inspection immediately. Per ICC regulations, it is the responsibility of the consignee to file a damage claim with the carrier promptly after inspection.

RETURNED MATERIAL:

The amount of credit, if any, allowed to Purchaser for materials returned, shall be the sole discretion of Seller. Most items may be returned within 30 days of receipt. Please call, fax, or write Seller for a Return Authorization Number and shipping instructions prior to return. Seller’s standard restocking charge is 25%. Shipping charges should be prepaid unless otherwise arranged in advance. All merchandise must be carefully packed and will be subject to a charge if not in saleable condition.

CONSTRUCTION, VENUE, SEVERABILITY:

This contract shall be governed and construed in all respects by the laws of the State of Minnesota. The parties hereto agree that the only proper venue for any cause of action arising hereunder shall be in the state courts of the County of Grant, State of Minnesota and buyer consents to such jurisdiction. In the event that any provision of this contract is declared void or unenforceable by any competent legislative or judicial authority, said declaration shall not affect the enforceability of any other provision of this contract, it being the intent of the parties that this contract shall severable and applied as if such void or unenforceable provision had not been included herein.

ADDITIONS:

Purchaser acknowledges that Seller has contracts with vendors (to be listed at time of sale) that may supersede these conditions. Purchaser will only have correspondence with Seller and not with contracted
vendors unless directed.