(see also: Terms of Use | Privacy Policy)

 

Sales Policy

Prices.

High Concrete Accessories (“HCA”) prices listed do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice.

Sales Tax.

Customers are responsible for all applicable taxes except in Iowa, Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, Wisconsin and Washington, D.C. Customers are responsible for providing a valid sales tax exemption certificate.

Payment Terms.

HCA accepts checks, money orders, Visa, MasterCard and American Express. For orders placed on account (“Bill Me”), payment terms are net 30 days from the date of shipment or pick-up. Export orders may be subject to special export payment terms and conditions. All payments must be in U.S. dollars. HCA shall have the right of set-off and deduction for any sums owed. If customer fails to make full payment within thirty (30) days of shipment or pick-up, HCA may defer future shipments until such full payment is made, or may, at its option, cancel all or any part of unshipped order(s). In the event HCA must undertake collection activities against customer, customer agrees that customer shall be responsible for all costs associated with such collection activities including all attorney’s fees.

Freight Policy

  

Shipping Charges.

Products are shipped F.O.B. shipping point with freight costs and handling fees paid by HCA and charged to the customer. Customers may choose to arrange alternative freight at the time of order. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, special handling or shipments outside the contiguous United States. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Risk of loss passes to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.

Limited Warranty

All products sold are warranted by HCA only to customers against defects in workmanship or materials under normal use for one year after date of purchase from HCA. Any product determined by HCA to be defective in material or workmanship and returned shipping costs prepaid, will be, as the exclusive remedy, replaced, or at HCA’s option, the purchase price refunded.

Warranty disclaimer. No warranty or affirmation of fact, express or implied, other than as set forth in the limited warranty statement above is made or authorized by HCA. HCA disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication.

Limitation of liability. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. HCA’s liability in all events is limited to, and shall not exceed the purchase price paid for the product that gives rise to any liability.

Additional Terms

Force Majeure.

HCA shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of HCA in the conduct of its business.

Modification of Terms.

HCA’s acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in HCA’s acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of HCA’s acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon HCA unless agreed to by HCA in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in HCA's acknowledgment, HCA’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by HCA of any of the terms and conditions contained in HCA’s acknowledgment.

Waiver, Choice of Law and Venue.

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the Commonwealth of Pennsylvania, excluding conflict of law rules, and venue shall be in Lancaster County, Commonwealth of Pennsylvania.

No Third Party Benefit.

The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.

Complete Agreement.

The terms and conditions in HCA’s forms, acknowledgments, quotations, invoices, and web site terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and HCA.