TERMS AND GENERAL CONDITIONS
TERMS OF SALE - All invoices are due and payable on the 10th of the following month. If payment is not made by Seller's last work day of the month following the invoice date this agreement shall be deemed breached. It is agreed that Seller's actual damages as a result of such a breach are difficult and impracticable to determine and include, among other things, administrative costs for billing, accounting for and collecting past due payments as well as the cost to Seller of the amounts past due. Buyer agrees to pay Seller delinquency charges on all amounts past due at the annual rate of 18% from the date each payment became past due until paid. This is considered to be a reasonable method for fixing Seller's damages so arising. Buyer agrees to pay Seller's reasonable attorney's fees incurred with or without suit, to collect any amount paid.'
CALIFORNIA PRELIMINARY NOTICES, - Under section 15 of Article XX of the California Constitution. all subcontractors and material men are required to file California Preliminary Notices. Therefore, when placing your order for the first delivery to a job, please supply all information needed to complete a preliminary notice.
SUBJECT TO MECHANICS LIEN - "If bills are not paid in full for labor, services, equipment or materials furnished or to be furnished, the improved property may be subject to mechanics lien."
PRICES - These are subject to change without notice.
NON-STANDARD STUCCO AND GROUT COLOR - Monolite Exterior Stucco is an integrally colored Portland Cement base product offered in a variety of attractive colors. While special colors can be shown on request, the standard colors have proven to be the most satisfactory, as the darker colors of stucco are extremely hard to apply without laps or variations in color. If a special color stucco or grout is requested, the order must be paid for in advance and there will be no returns allowed. Due to a wide variety of application techniques employed in the field, we cannot guarantee an exact color match and will accept no liability for the final color in the finished state due to these variations in applicator techniques. Please ask for and approve a color sample before the material is run. NOTE: Application over bonding agent may cause variation in color.
DELIVERIES & UNLOADING TIME - We make deliveries inside curb line and on the lot at customer's risk only and accept no responsibility whatsoever for damages resulting from such deliveries. Delivered prices are quoted on the basis of full truckload lots. Partial loads shall be subject to a minimum delivery charge. For minimum delivery charges, or for quotations outside the greater San Diego area, please call our sales office. During inclement weather, all deliveries will be held pending notification from the customer. Unloading time will be limited to 45 minutes for a truckload and 20 minutes for less than truckloads. Additional standby time due to adverse conditions, spotting or stocking material, waiting for other crafts or contractors, will be charged at the current rate. Due to ever-increasing costs, this will be strictly enforced.
LIABILITY - No claims for shortage allowed after 5 days from delivery. Any damage claims or defective material claims must also be reported in writing within 5 days from delivery and must be inspected by a representative from Squires-Belt before the problem is resolved.
PALLETS - It is the responsibility of the customer to arrange for the return of pallets. A deposit will be charged for the pallets and is refundable upon the return of the pallets to Squires-Belt's yard with original charge or cash invoice. If we have no record of the deposit being charged, a refund will be withheld.
RETURNS AND CREDITS - NO CREDIT FOR SPECIAL ORDER ITEMS OR SECONDS - Sales tickets are required for all merchandise returns. A 10% handling charge will be applied to all returns. If we have no purchase record of material being returned, credit may not be given. Credit will not be given on material returned after 30 days.
OVERRUNS- Customer must accept reasonable overruns on special order stucco.
MSDS - Employers are required by law to maintain MSDS (Material Safety Data Sheets) on all products containing hazardous materials. To comply with this law, Squires-Belt will have available upon request all necessary MSDS for its customers.
PROPOSITION 85 - In 1986. California voters approved Proposition 65, an initiative measure officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Proposition 65 requires an employer to warn persons of an exposure to certain chemicals which may occur in the course of the employer's business. These chemicals are those which have been placed on a list by the Governor as known to the state to cause cancer or reproductive toxicity. As the law currently exists, an employer must provide a Proposition 65 warning if he feels there is a potential for such exposure unless it can be proved with certainty, through scientific testing and analysis, that the exposure level is so small that it poses no significant risk to the person exposed. Some of the chemicals listed under Proposition 65 have long been used in building materials and may be found in some common construction products such as cement. lumber, paint, carpeting, plastics and glass.
Please do not hesitate to contact us if you have questions or concerns regarding our terms of use or practices.
