Beck Industrial

TERMS AND CONDITIONS OF SALE

Beck Industrial’s provision of credit, acceptance of any purchase order and/or sale of any merchandise are expressly made conditional on Buyer’s assent to these terms and conditions. Buyer specifically agrees to purchase the merchandise specified on the Purchase Order, with payment due in full within 30 days of the order, and further agrees that all sales are subject to these Terms and Conditions of sale.

  1. Prices stated verbally, or on any quotation forms, or price list are subject to change without notice and are not binding on Beck Industrial unless the prices are confirmed by Beck Industrial's Order Confirmation issued in response to Buyer’s firm order for the products covered there under. All orders are subject to acceptance and approval, by authorized personnel of Beck Industrial, and Beck Industrial will not be bound by any order not accepted, in writing, by such personnel. All price lists, quotations, proposals, acceptances of orders, and sales of Beck Industrial products are conditional upon, and subject to these TERMS AND CONDITIONS OF SALE, WHICH SHALL BE PART OF ALL CONTRACTS FOR THE SALE OF BECK INDUSTRIAL PRODUCTS. Except as otherwise agreed in writing signed by Buyer and Beck Industrial, the applicable Beck Industrial sales order acknowledgement and/or quote, together with these terms and conditions constitute the entire agreement between Beck Industrial and Buyer relating to the sale of such merchandise by Beck Industrial. Terms or conditions contained in any document issued by Buyer that in any manner purport to alter, modify, change, suspend, or add to any term or condition contained herein shall be deemed excluded from such Buyer document and waived by Buyer. Beck Industrial and Buyer expressly agree that Beck Industrial may modify these terms and conditions from time to time, and such modifications shall be binding upon the Buyer.
  2. Risk of loss or damage in transit shall be borne by Buyer, and claims shall be made directly with carrier. Buyer may pick up the merchandise at Beck Industrial’s facility provided Buyer does so within 10 days after the date Buyer is notified of the availability of merchandise. Beck Industrial reserves the right to ship without further notification at any time after expiration of the 10-day period.
  3. Delivery dates are approximate. Beck Industrial shall not be responsible for non-shipment of merchandise or delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to, acts of God; adverse weather; acts of Buyer; strikes or other labor disturbances; Beck Industrial’s inability to obtain, or material increases in the cost of fuel, raw materials or parts; delays in transportation; repairs to equipment; fires; or accidents. Beck Industrial shall not be liable for Buyer’s losses relating to any delay in shipping and/or delivery of this order, including lost profits or lost revenue. Acceptance of merchandise upon delivery shall constitute a waiver by Buyer of any claim for damages on account of non-shipment or delays in delivery or performance.
  4. Subject to standard manufacturing variations, Beck Industrial warrants that the merchandise furnished hereunder shall meet specifications set forth on the face of the applicable Beck Industrial Order Confirmation. Beck Industrial makes no other warranties, express or implied, and specifically excludes all warranties of merchantability and fitness for a particular purpose.
  5. Buyer expressly agrees that it is solely responsible for the operation, maintenance and repair of the merchandise. It is Buyer’s sole responsibility to train its employees and operators to safely operate, maintain, and repair the merchandise. To the extent that the goods are resold, Buyer maintains full responsibility for the use, operation, maintenance, repair of the goods and training of the subsequent purchasers. Beck Industrial maintains no responsibility for the operation, maintenance, and repair of the goods. Where Buyer purchases merchandise, Buyer assumes full responsibility for the assembly of the unit, if any. Where Buyer supplies a truck(s) to Beck Industrial for equipment modification, Buyer assumes full responsibility for providing a truck(s) that meets or exceeds the minimum requirements for safe mounting and operation.
  6. BUYER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS BECK INDUSTRIAL, INDUCON EQUIPMENT COMPANY, LTD., INDUCON ENTERPRISES, INC., BECK MANUFACTURING INTERNATIONAL, INC., AND J. BECK, INC. D/B/A BECK STEEL, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS (“INDEMNITIES”) FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, DEMANDS, INVESTIGATIONS, OBLIGATIONS, JUDGMENTS, LOSSES, COSTS, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH ARE INCURRED BY, ACCRUED, ASSERTED, OR MADE AGAINST, OR RECOVERABLE FROM ANY OF THE INDEMNITEES ARISING FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, BUYER’S ACCEPTANCE, POSSESSION, TRANSPORT, USE, OPERATION, MAINTENANCE, REPAIR, SALE, RENTAL, OR CONTROL OF THE MERCHANDISE, WHETHER OR NOT THE SAME ARISES FROM DAMAGE TO PROPERTY, INJURY OR DEATH TO PERSONS, INLCUDING BUT NOT LIMITED TO BUYER’S EMPLOYEES, AGENTS, AND REPRESENTATIVES, FAULURE TO COMPLY WITH APPLICABLE LAWS, REGULATIONS AND ORDINANCES, CONDITION OF THE MERCHANDISE, LOSS OF USE OR SEIZURE OF THE MERCHANDISE, OR OTHERWISE, EVEN IF THE SAME ARE CAUSED IN PART BY THE INDEMNITEES’ OWN NEGLIGENCE, BUYER’S OBLIGATION TO INDEMNIFY SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS AND CONDITIONS, IF ANY.
  7. Buyer bears sole responsibility for operating under and following all weight laws and regulations.
  8. No claim for damages for goods that do not conform to specifications will be allowed unless Beck Industrial is given immediate notice after delivery of goods to the first destination to which they are shipped and allowed an opportunity to inspect them. Goods for which damages are claimed shall not be returned, repaired, or discarded without Beck Industrial’s written consent. Buyer’s exclusive remedy against Beck Industrial, and Beck Industrial’s sole obligation for any and all claims, whether for breach of contract, warranty, tort (including negligence), or otherwise, shall be limited to Beck Industrial’s replacing goods that do not conform to specifications or, at Beck Industrial’s option, refunding the purchase price. In no event shall Beck Industrial have any liability for damages in an amount exceeding the purchase price of the goods sold hereunder, nor shall Beck Industrial have any liability for incidental or consequential damages.
  9. If, in Beck Industrial’s opinion, Buyer’s credit becomes impaired, Beck Industrial may suspend performance until such time as Beck Industrial has received full payment for any goods already delivered or in process and is satisfied (in its sole discretion) as to Buyer’s credit for future deliveries. If Beck Industrial suspends performance and later proceeds with such order, Beck Industrial shall be entitled to such extension of time for performance as is necessitated by the suspension.
  10. All tariffs and taxes of any kind levied by any federal, state, municipal or other governmental authority, which Beck Industrial is required to collect or pay with respect to the production, sale, or shipment of merchandise sold to Buyer shall be the responsibility of Buyer. Buyer agrees to pay all such taxes and further agrees to reimburse Beck Industrial for any such payments made by Beck Industrial. Any prices quoted for merchandise are exclusive of any tariffs or taxes unless otherwise noted.
  11. Buyer is responsible for accepting and paying for the merchandise as agreed and specified in the Order Confirmation. Any late payments shall accrue interest at a rate of 18% per annum, or the highest rate allowed by law.
  12. In the event Buyer fails to make payment to Beck Industrial for any amounts due and owing to Beck Industrial (including any applicable surcharge or freight charge), Beck Industrial shall have the right to terminate any Buyer order or any unfulfilled portion thereof, and Beck Industrial may terminate any other agreement between Beck Industrial and Buyer. Beck Industrial shall have the right to employ an attorney to collect the balance due, and Buyer agrees to pay all collection costs incurred by Beck Industrial, including its reasonable attorney's fees.
  13. It is agreed that the parties hereto intend that all questions as to validity, interpretation, and required performance arising out of this contract is to be governed by the laws of the State of Texas. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of that state for any litigation which may arise out of or be related to this agreement. Buyer waives any objection based on forum non conveniens or any objection to venue of any such action.
  14. Beck Industrial reserves the right to enforce these terms and conditions at any time and none shall be deemed waived unless such waiver is in writing signed by a duly authorized officer of Beck Industrial. All rights and remedies granted herein are in addition to all remedies available at law or in equity.