Standard Terms & Conditions
for sale and installation.
REB Storage Systems International – Standard Terms and Conditions of Sale and Installation
1. General Term and Conditions – These terms and conditions apply to any sales from Seller to Customer and any quotation or proposal by Seller. Any different or additional terms in any documents from Customer are objected to and rejected, are deemed to materially alter these terms, and will not become part of any contract.
2. Purchase price & Payment Terms – Payment for all material and goods purchased (the “Equipment”), as well as for freight and any installation or other services purchased, is due 30 days after date of Seller’s invoice, or earlier if otherwise agreed. Seller may submit periodic invoices for progress payments for the value of services preformed or purchased and materials incorporated in the work or stored on site, less previous invoice amount paid. Interest payable on late payments will be one and one half percent per month (or the maximum legal rate if less). All subject to credit approval.
3A. Payments: will not be held back under the following conditions:
- Should customer select own installer. See Installation Line item 12A:
- Customer handles the permitting process
- Customer coordinates freight
- Customer provides inaccurate information
- Delays due to the fire marshal review/approval
- Project is delayed due to labor dispute, construction delays, and/or acts of God
3B. Title - Title to the Equipment shall remain vested in REB Storage Systems International and shall not pass to the Customer until the purchase price for the Equipment has been paid in full and received by REB Storage Systems International.
4. Period of Quotation – Due to the volatility of the steel market, this quotation may be subject to additional steel surcharges at the time of shipment. Depending upon project size, site visits are required to finalize/ confirm quotations
5. Taxes – Customer will be solely responsible for payment directly to taxing authority or reimbursement to Seller, when paid by Seller, of all sales, use or similar taxes, and any duties or permits or any other fees imposed upon this transaction by any level of government whether due at the time of sale or later (excluding Seller’s income taxes).
6. Warranty – Seller warrants its products to be free of defects in material and workmanship and according to agreed specifications for which it is designed. The warranty offered shall be manufacturer’s standard warranty for respective product. Seller’s liability under the warranty shall be limited to repair or replacement. F.O.B. is Seller’s point of shipment. In no event shall Seller be liable for labor or consequential damages.
THERE IS NO IMPLIED WARRANTY BY THE SELLER FOR FITNESS OF PURPOSE.
Used equipment is sold “AS IS” and no warranty of fitness or merchantability.
7. Engineering Data – The proposal drawings and/or specifications of any quotation are confidential engineering data and represent Seller’s investment in engineering skill and development and remain the property of the Seller. Such are submitted with understanding that the information will not be disclosed or used in any manner detrimental to Seller. All specifications and dimensions of proposal drawings are approximate and are subject to change during detailed engineering. Purchased materials and/or components referred to by trade name and/or by manufacturer may be interchanged at the option of the Seller with other materials and/or components of at least equal quality and value. The Seller shall submit layout drawings, if required, to Customer who shall check and verify them with reasonable promptness. Customer must sign the drawings and send back to Seller, which thereafter will execute the work in accordance with approved drawings. Should a customer fail to review and return signed drawings prior to materials being manufactured, it will result in the Seller not being responsible for any issues that may arise when product arrives on-site and during installation
8. Deliveries – Shipping or delivery dates are approximate. Seller shall not be liable for delays in or failures of delivery due to strikes, labor trouble, supplier’s delays, accidents, fire, flood, acts of God, action by Government authority, changes requested by Customer, or causes beyond Seller’s control.
9. Freight Claims – It shall be the responsibility of the Customer to examine and inspect merchandise when delivered, and to make notations of any damages, shortages, or any such related complaint on the delivery receipt before the truck driver leaves the Customer’s facility. Following this review, the customer must then notify the Seller in writing of any complaint that was noted on the merchandise delivery receipt.
10. Ship/ Delivery Date Changes – Should the delivery date require change due to customer requirements, and the product is already in the manufacturing cycle, the product is the responsibility of the customer. It will be invoiced as of the original delivery date and REB Storage Systems International will assist our customer in obtaining a location to store the product.
11. Change Orders Prior to Material Manufacturing – Should the customer decide to make a change order prior to manufacturing (which is approximately a 3-4 week cut-off date prior to product ship-date), such orders and adjustments must be made in writing to the Seller. The contract price shall be adjusted according to the changes in the work specified; in addition all claims by the Seller for any extra work will be made in writing before the execution of the work.
12. Installation: Customer Responsibilities
12. A. Should a Customer select their own installation company – REB Storage Systems International will not be responsible any part of the installation, For example: poor installation, not completing the project as per installation drawings and manufacturers specifications, components not placed in correct locations, not anchoring and bolting correctly, damaging floors, etc.
12. B. When REB Storage Systems International Coordinates Installation – The Customer agrees to prepare site and provide utilities and other support as reasonably required by the Seller for installation and testing and to perform the following:
12. B.1. Floor - Floor shall be concrete or other sound materials acceptable to the Seller, and shall be flat and even. (Less than ¼” elevation variation over 10 linear feet in any direction). Any costs incurred for drilling anchor holes as a result of interference with reinforcing rods, mesh, or other materials due to hard anchor receiving materials shall be reimbursed by Customer. (Seller has designed the rack column base plates and their anchorage to the floor slab based on a 28-day concrete compressive strength of 3000 psi or other value if specified). The base plates have been sized such that the calculated bearing load, or stress, on the concrete floor slab is less than a maximum bearing strength permitted by the building code requirements for structural concrete (ACI 318-95). Seller is not responsible for the design of the floor slab and sub soil system.
12. B.2. Utilities - Provide water, light, electric current, and wiring compressed air and heat as may be required to install test and operate equipment. Provide a constant source of electrical supply at least 100 ft of extension cord per power tool required, and adequate outlets within the 100 ft perimeter. Provide sanitary facilities and fire protection equipment.
12. B.3. Free and Clear Access; unloading – Customer to provide sufficient lay down staging and assembly areas immediately adjacent to construction area. Provide sufficient free and clear access to roads, deck areas, and aisles. Should customer fail to give us a free and clear installation area, REB Storage Systems International reserves the right to charge the customer for any lost man hours. These charges will be based on a standard installation hourly rate, times the size of the install crew for the total man hours lost.
12. B.4. Coordination – Customer to coordinate the activities of Customer’s subcontractors with Seller to prevent interference with Seller’s work.
13. Permits, Licenses, and Fees – Unless otherwise stated, it is the responsibility of the Customer to obtain any required building permits, licenses, high-piled storage permits, or any other specific requirements. Any cost for said permits, licenses, fees, etc., are not included and are the responsibility of the Customer unless otherwise stated. This includes all building, fire and/or safety regulations, which may be required prior to issuance of permit. In the event that any of the above is denied due to the Customer’s negligence or non-compliance, all deliveries in this proposal will become due and payable nonetheless in accordance with stated terms. Orders are subject to present and future laws, regulations, and orders.
14. Cancellations – Orders are not subject to cancellation except with the written consent of the Seller and Customer will be subject to a minimum cancellation charge of 25% of the total contract amount.
15. Non-Union Labor – All the above quoted installation work has been based on using non-union labor, unless otherwise specified in the quotation.
16. Change Orders During Installation – Should the Customer decide to make changes during the project installation, a REB Storage Systems International change order must be signed by the appropriate decision maker (the Customer) and sent back to the REB Storage Systems International office for additional pricing. If the components need to be ordered, the REB Storage Systems International installation team will finish the project to the best of their ability, and will have to come back at a later date to finish the additional work as changed by the Customer. The Customer will be responsible for additional payment needed to finish the additional change order work, as it is not the Seller’s responsibility nor can the Seller be penalized for these changes made by the Customer. Original contract invoices must be approved and paid within the 30-day standard period. The additional change order work will be billed upon completion.
17. Re-use of existing equipment – No warranty is expressed or implied for any re-used or existing equipment. Seller will install equipment at Customer’s request, but cannot be responsible for any for any parts, components, or devices so used.
18. Customer Purchasing Design and Materials Only – In a situation where Customer purchases materials and design only and the Seller is not invited to install the project. The Seller will not be responsible for the capability of Customer’s installer. The Customer in this case must sign off the engineered drawings indicating that they are taking responsibility for the finished project. Invoices must be paid in full and are not to be held up as a result of disputes with the Customer’s installer.
19. Attorney Fees – In the event legal/action is taken to enforce or interpret any provision of this contract. Seller must be entitled to recover all costs incurred in connection herewith, including reasonable attorney fees.
20. Wavier – No wavier, alteration, or modification of any provisions on the face of hereof shall be binding unless done so in writing and signed by an authorized agent of the Seller. Any such alterations or modifications involving extra costs will become and extra charge over and above prices quoted. In the event of conflict or inconsistency between the conditions of the Customer’s purchase order and these terms and conditions. These terms and conditions shall apply.