VAN LINDA IRON WORKS, INC.
This order acknowledgement and the contract between VAN LINDA IRON WORKS and the Purchaser are subject to all the terms and conditions stated below.
A copy of our standard insurance coverage is available upon request. If your company or your customer requires more and / or different coverage than what is listed above, there will be an additional charge consisting of what are insurance company charges us together with a 10% administrative fee. This is due and payable in advance. Van Linda Iron Works will not proceed prior to receipt of these funds.
If a bond is required for this project, the cost of said bond will be over and above / in addition to the quoted contract price and shall be payable in advance. Van Linda Iron Works will not seek a bond prior to the receipt of these funds.
SHOP DRAWINGS / SUBMITTALS
Van Linda Iron Works agrees to provide six (6) copies of shop drawings / submittals as part of the above quoted price. Any additional copies will incur an additional charge of one dollar per page. C.O.D.
WARRANTY, REMEDY, LIABILITY, AND DISCLAIMER
VAN LINDA IRON WORKS warrants that the materials manufactured by it will, at the F.O.B. point, (i) be free from defects in materials and workmanship and (ii) conform to structural requirements supplied by Purchaser and agreed to in writing by VAN LINDA IRON WORKS. This warranty does not extend to any materials that have been misused or abused.
Should any failure to conform to the foregoing warranty appear within one (1) year from delivery of the materials by VAN LINDA IRON WORKS at the F.O.B. point, VAN LINDA IRON WORKS shall, upon receiving written notification and substantiation of the non-conformity, at its option, repair or replace the non-conforming materials. Purchaser will provide VAN LINDA IRON WORKS with access to the materials at no charge to VAN LINDA IRON WORKS. Any materials replaced by VAN LINDA IRON WORKS will become the property of VAN LINDA IRON WORKS. Repair or replacement of non-conforming materials is VAN LINDA IRON WORKS’ only obligation and the sole and exclusive remedy. In the event of failure to conform to the foregoing warranty. In no event will VAN LINDA IRON WORKS be liable for incidental or consequential damages. VAN LINDA IRON WORKS shall not be liable for the cost of removal or installation of any materials or any unauthorized warranty work, nor shall VAN LINDA IRON WORKS be responsible for any transportation cost, unless expressly authorized in writing by VAN LINDA IRON WORKS. All warranty work performed by VAN LINDA IRON WORKS or its authorized agents shall be deemed to have been performed at VAN LINDA IRON WORKS’ plant.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXCEPT FOR THAT OF TITLE), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE.
VAN LINDA IRON WORKS makes no warranty concerning materials supplied hereunder but not manufactured by VAN LINDA IRON WORKS. VAN LINDA IRON WORKS will use reasonable efforts, short of litigation, to require the manufacturers of such materials to comply with any warranties made by them.
All welding will be performed in accordance with the latest American Welding Society guidelines. Other welding specifications are applicable only if specifically included herein
Except as noted herein, the latest MANUAL OF STEEL CONSTRUCTION, ALLOWABLE STRESS DESIGN adopted by the AMERICAN INSTITUTE FOR STEEL CONSTRUCTION, INC. (A.I.S.C.) is an integral part of this contract and incorporated herein. As a minimum, all materials will be designed to support the stated dead load and live load in accordance with applicable A.I.S.C.
DESIGN CRITERIA as shown in the latest MANUAL OF STEEL CONSTRUCTION ALLOWABLE STRESS DESIGN manual. VAN LINDA IRON WORKS shall not be responsible for the engineering or design of any building or structure of any kind. Structural design, design loads and load calculations, along with certification / “sealing “of drawings and / or the resolution of any and all structural conflicts or questions are the sole responsibility of the Engineer of Record, and VAN LINDA IRON WORKS shall not be held liable for the results of any performance or lack thereof on its own part, based on direction from the Engineer of Record.
UNDER THE TERMS OF THIS AGREEMENT, THE PURCHASER SHALL BE SOLELY RESPONSIBLE FOR THE HANDLING, INSTALLATION, AND ERECTION OF MATERIALS AND VAN LINDA IRON WORKS SHALL HAVE NO LIABILITY OR RESPONSIBILITY, EITHER EXPRESSED OR IMPLIED, IN THIS AREA.
Unless otherwise agreed in writing by VAN LINDA IRON WORKS, all materials manufactured by VAN LINDA IRON WORKS are subject to VAN LINDA IRON WORKS’ standard inspection. If VAN LINDA IRON WORKS agrees to further inspection and/or testing, such inspection and/or testing will be CONDUCTED AT VAN LINDA IRON WORKS’ PLANT in accordance with A.I.S.C. Specifications and all expenses and costs of the same shall be borne by Purchaser.
All materials, including that manufactured to meet an exact specification, shall be subject to tolerances and variations consistent with usages of the trade and regular practices concerning dimensions, weight, section, composition, normal variations in surface, internal conditions and quality, and variations and deviations from tolerances consistent with practical testing and inspection methods.
Standard shop primers meet or exceed federal specification TTP-636 and steel structures painting council specification 15-68T. These primers are applied by spraying and dry to approximately 1.0 to 1.5 mil thicknesses.
PAYMENT AND PRICE
All specified deposits are required in advance; BALANCE NET 30.
Under the terms of this agreement, VAN LINDA IRON WORKS is a materials supplier, NOT a sub-contractor. Retainage will not be permitted.
Past due invoices will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law.
Any excises, levies, or taxes which VAN LINDA IRON WORKS may be required to pay or collect under any existing or future law upon or with respect to the sale, purchase, use, consumption, transportation of the materials covered by this contract shall be for the account of Purchaser and shall be paid by Purchaser.
Shipments, deliveries and performance of work shall at all times be subject to the approval of VAN LINDA IRON WORKS’ Credit Department. VAN LINDA IRON WORKS may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to such department. If Purchaser fails to provide such payment or security, or agree upon such terms, VAN LINDA IRON WORKS shall have the right to cancel the balance of this contract and Purchaser shall pay to VAN LINDA IRON WORKS the full contract value of the material and labor already furnished or in process.
The price specified for delivery shall include two (2) hours of unloading time after arrival of the truck at place of delivery. Excess unloading time charges will be charged to and paid by the Purchaser.
The price for freight is included at the best way load factor. Any customer modification to this load factor through sequencing, etc., is subject to additional charges.
SHIPMENT AND DELIVERY
Specified shipping dates shall be estimates only and are subject to change by VAN LINDA IRON WORKS without liability.
Unless otherwise specified on this contract, all shipments are F.O.B. VAN LINDA IRON WORKS Plant.VAN LINDA IRON WORKS’ responsibility terminates upon delivery of materials in good order at its plant to a carrier for transportation in the absence of written shipping instructions from the Purchaser. VAN LINDA IRON WORKS may ship materials collect freight to Purchaser by any carrier VAN LINDA IRON WORKS deems satisfactory.
F.O.B. JOBSITE shall mean delivery to the nearest reasonably accessible point to the job site, and not unloaded from the truck. Purchaser shall promptly furnish all labor and equipment to unload the materials. Purchaser shall be solely responsible for the unloading, handling, stacking and storing of the materials and shall indemnify and hold harmless VAN LINDA IRON WORKS from and against any claim or liability connected therewith.
Any drawings, sketches, or other documents furnished by VAN LINDA IRON WORKS are strictly for Purchaser’s stated use in the assembly and installation of the materials supplied by VAN LINDA IRON WORKS. Purchaser acknowledges that the information contained in such documents is proprietary to VAN LINDA IRON WORKS and agrees that it shall not copy, publish or otherwise disseminate, or permit the Owner ( as herein after defined ) or others to copy, publish or otherwise disseminate, such documents or their contents, without the prior written consent of VAN LINDA IRON WORKS.
CHANGES AND CANCELATIONS
Purchaser may cancel this contract at any time prior to shipment of the materials. In the event of any such cancellation, Purchaser agrees to pay VAN LINDA IRON WORKS the cost of all labor and materials expended by VAN LINDA IRON WORKS prior to such cancellation, together with a reasonable profit.
If any written change order of Purchaser which is accepted by VAN LINDA IRON WORKS causes an increase or decrease in the cost of labor or materials, or in the time required for performance of this contract, an equitable adjustment shall be made to the contract price.
VAN LINDA IRON WORKS shall not be liable for delays in delivery or performance or failure to manufacture or deliver, due to (i) any causes beyond VAN LINDA IRON WORKS’ reasonable control, or (ii) acts of God, acts of the Purchaser, acts of civil or military authority, fires, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation, or carrier shortages, or (iii) inability to obtain necessary labor, materials, components or manufacturing facilities. In the event of such delay, the date of delivery or of VAN LINDA IRON WORKS’ performance shall be extended for a period equal to the time lost by reason of the delay. VAN LINDA IRON WORKS agrees to notify Purchaser of the occurrence of any such event. Acceptance of delivery of materials by Purchaser shall be and constitute a waiver and release by Purchaser of any claim for damages on account of delay.
LIMITATION OF LIABILITY
The liability of VAN LINDA IRON WORKS, its subcontractors or vendors under this contract with respect to any materials supplied pursuant hereto, or arising from the manufacture, sale, delivery, resale, installation, repair, replacement or use of such materials, whether in contract, in tort, in strict liability or otherwise, shall not exceed the purchase price paid by Purchaser for the materials supplied hereunder.
In no event shall VAN LINDA IRON WORKS or its subcontractors or vendors be liable, in contract, in tort, in strict liability or otherwise for any special, indirect, incidental or consequential damages, including, but not limited to, loss of anticipated profits or revenue, loss of use, non-operation or increased expense of operation of equipment, cost of capital, or claims of customers of Purchaser for failure or delay in achieving anticipated profits or product.
In the event Purchaser and the ultimate owner of the materials supplied pursuant to this contract ( hereinafter and heretofore called “Owner” ) are different parties, Purchasers shell obtain from Owner, in favor of VAN LINDA IRON WORKS, an agreement that Owner will be bound by the terms of this contract with respect to warranty, remedies and limitations of liability ( including non-liability for incidental or consequential damages ), or Purchaser, in lieu thereof, agrees to indemnify VAN LINDA IRON WORKS from and against any and all liabilities, damages, costs, losses, or expenses in excess of those provided for herein
This contract shall be construed under and governed by the laws of the state of Florida. It constitutes the entire agreement between the parties. Except as otherwise provided herein, it may not be amended or modified except by an instrument in writing, executed by both parties.
Waiver by VAN LINDA IRON WORKS of a breach of any term or condition of this contract shall not be construed as a waiver of any other breach.
In the event it becomes necessary for VAN LINDA IRON WORKS to engage an attorney to enforce or defend its rights hereunder, Purchaser agrees to pay VAN LINDA IRON WORKS’ reasonable attorneys’ fees and other costs incurred by VAN LINDA IRON WORKS in enforcing or defending its rights.