Desert Block Co., Inc. ("Desert")
Terms and Conditions of Sale
- QUOTATIONS: Our price list and all quotations given, either verbally or in written form, except those dealing with special order units, are subject to change without notice. All quotations dealing with special order units that will require signing of a Purchase Order by the Purchaser are valid for 30 days only from the date they are given. All prices given on any Purchase Order signed by the Purchaser and accepted by DESERT are valid only for 90 days unless specifically extended in writing by DESERT.
- PAYMENT TERMS: Purchase of all products ("Products"), other than for cash, is subject to credit approval. Arrangements for open account terms as to any order must be made prior to the acceptance and/or shipment of such order by DESERT. Should DESERT disapprove credit terms, all materials must be paid for in full prior to manufacture and/or shipment of any Products. Payments on open account are due on the 10th and delinquent on the 15th of the month following the month of shipment. NO DISCOUNT WILL BE ALLOWED IF PAYMENT IS RECEIVED POSTMARKED LATER THAN THE DATE OF DELINQUENCY.
Should Purchaser fail to pay timely, Purchaser is obligated to pay interest at the Annual Percentage Rate of 18% on unpaid open accounts and/or Purchase Orders from the date of such failure, together with all costs of collection, including reasonable attorney's fees, whether or not suit is instituted. The foregoing rights are in addition to any other remedy of DESERT.
- DELIVERIES: Deliveries are made five (5) days per week, Monday through Friday. Delivered prices are quoted on the basis of full truckloads. A minimum fifteen (15) cubes of Normal weight, sixteen (16) cubes of Medium weight or SlumpstoneTM, and eighteen (18) cubes of Light weight, are considered a full truckload. Deliveries of less than full truckloads will be subject to a minimum delivery service charge based on number of pallets short of full truckload. On deliveries to more than one job site (within 5 miles), there will be a split delivery charge. ALL ORDERS MUST BE PLACED A MINIMUM OF 8 WORKING HOURS IN ADVANCE OF DESIRED TIME OF DELIVERY.
This is particularly important where a "First Loads A.M." is desired. During periods of inclement weather, all deliveries are "HELD" pending further instructions from Buyer. Blocks will not be placed inside the curb line unless responsibility for any and all damage is assumed, in writing, by the Purchaser, and then only at the discretion of DESERT'S driver. For deliveries into areas designated "Special or Hill" on the Rock and Sand Zone map, Purchaser should check with our Dispatcher for delivery prices. UNDER NO CONDITION WILL PRODUCTS BE PLACED OR STOCKED ON SCAFFOLDS.
- TRANSPORTATION, TAXES, and JOBSITE PICKUP: All transportation costs other than those included in the FOB destination prices shall be paid by Purchaser. Purchaser shall pay all Federal, State, and Local taxes. Unloading time will be limited to ONE HOUR. Additional unloading time due to a Purchaser's request to stock or spot blocks, move blocks previously delivered by DESERT at the Purchaser's request or direction, poor job site conditions, traffic congestion at job site, wait for other crafts or general contractor, etc., will be charged at the current published hourly rate (or fraction thereof).
Pickup of unused masonry units delivered by DESERT will be done only once when ordered by the Purchaser at the conclusion of masonry work. Free pick up time shall be limited to one hour. Any time required beyond the free hour will be charged at the current published hourly rate (or fraction thereof). Backhaul of unused masonry units or empty pallets will be performed only on the condition that units and/or pallets are readily available by forklift and cubed or stacked in a manner permitting proper loading and safe hauling. Materials damaged after delivery will not be backhauled, nor will any credit be issued.
- RETURNS: All blocks returned are subject to count and inspection by DESERT, and credit will be issued for units resalable as "FIRST" only. Blocks eligible for a return credit will be credited at NET FOB yard prices less a 25% restocking charge. If units are returned via DESERT trucks, additional transportation will be charged at current delivery rates. NO CREDIT WILL BE ALLOWED ON ANY RETURNED SlumpstoneTM, CHOCOLATE OR BLACK UNITS, SPECIAL SHAPES OR SIZES, OR SPECIAL COLOR SMOOTH OR SPLIT UNITS.
- ESTIMATES: DESERT assumes no responsibility for the accuracy of estimates of Purchaser's requirements. The Purchaser must supply exact quantities to DESERT.
- SAW CHARGES: Saw cutting will be done only on units manufactured by DESERT and requires 24 hour minimum notice. A charge per cut will be made for special saw cuts, subject to a minimum charge. Cutting involving multiple handling of units may be charged on a time and material basis.
- PALLETS: A pallet deposit will be charged. A portion of the deposit will be credited or refunded upon the return of the pallets to DESERT within thirty (30) days from the date of the deposit charge, PROVIDED PALLETS ARE IN UNDAMAGED AND USABLE CONDITION. DESERT will accept the return of DESERT PALLETS ONLY.
- SPECIAL ORDERS: Signed Purchase Orders are required for special shapes, colors, high stress or textures. Once accepted by DESERT, such Purchase Orders are not cancelable in whole or in part. Prices and quotations on Purchase Order jobs are valid for only thirty (30) days from date given, unless extended in writing by DESERT. From date of receipt and acceptance of signed Purchase Orders, block prices will be valid for only ninety (90) days. After such period, unshipped units are subject to billing, storage charges, and repricing.
Payment for units so billed will be due and payable as per terms set forth in Article 2; and DESERT maintains with respect to such payments its rights and remedies, including the right to be reimbursed for attorney's fees and costs as described in Article 2. Quotations for "special order units" are based on DESERT'S supplying all standard masonry units required on a given project. Failure on the part of the Purchaser to order such standard units may result in a price increase for the special units even though a signed Purchase Order already covers such units.
- MOLDS AND SPECIAL EQUIPMENT: The cost of any molds or other special equipment that DESERT constructs or acquires for the Purchaser in connection with special orders will be charged to Purchaser. Notwithstanding the charges to Purchaser, all such molds or other special equipment shall remain the property of DESERT and in DESERT'S possession and control and DESERT may use them for any purpose.
- LIMITED WARRANTY: DESERT warrants to each Purchaser of its Products that the Products will conform to the physical and mechanical properties provided in the Letter of Certification or Specification Sheet issued by DESERT for or applicable to the Products at the time of sale. DESERT does not provide engineering or other professional advisory services regarding the use or installation of the Products. It is the responsibility of the purchaser to obtain such services from licensed professionals.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND IS MADE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.
The sole remedy of Purchaser, and the sole obligation of DESERT, for breach of the foregoing warranty shall be to replace nonconforming Products or, at DESERT'S option, to refund the purchase price. In no event shall DESERT be liable for any other or further damages, whether special, incidental or consequential, including, without limitation, delay, personal injury, property damage, work stoppage, loss of profits, loss of use of equipment, loss of or damage to the work ("Work") into which the Product is incorporated, or labor or other expenses associated with removing the Product from or replacing the Product in the Work.
- SPECIAL QUALITY PROVISIONS; MISCELLANEOUS:
- Variations in color, in shades of color and in amount of aggregate split are inherent in integrally colored and split concrete masonry units. No claims will be allowed for these variations. Samples of DESERT masonry units as may be submitted are representative of a type of masonry unit, a color, a shade of color, or a texture and the masonry units subsequently furnished in a shipment may vary from such sample or samples. DESERT will not undertake to match individual samples.
- All dimensions of units quoted by DESERT are "nominal", meaning that all standard units are actually 3/8" shorter than the sizes quoted and all SlumpstoneTM units are actually 1/2" shorter than the sizes quoted in order to compensate for normal mortar joints.
- A 3% allowance (or discount) to cover all claims for breakage, color variation, and all other defects is allowed on all purchases of manufactured products and is included on discounts quoted or "net" quotations. It is the Buyer's responsibility to conduct any testing or make inspection of masonry units before starting installation. IF, FOR ANY REASON, THE PURCHASED OR ORDERED MATERIALS ARE REGARDED AS UNSATISFACTORY, OR UNACCEPTABLE FOR ANY REASON, DESERT MUST BE INITIALLY NOTIFIED BEFORE INSTALLATION IS BEGUN. The provisions of our Limited Warranty apply to claims by any Buyer that material purchased or ordered is defective or of non-structural quality.
No claim under our Limited Warranty will be allowed unless DESERT'S investigation supports the claim. DESERT will not be liable for and will not recognize any claims made after the start of installation for masonry units said to be incorrectly sized, shaded, not matching, or otherwise unsatisfactory.
- Purchaser shall pay any charges incidental to inspections or tests made by or on behalf of the Purchaser to determine compliance with specifications.
- DESERT is not obligated to furnish signed receipts for material delivered.
- All product weights are established by DESERT and subject to change without notice.
- FORCE MAJEURE: DESERT shall not be liable for any failure or delay of performance due to causes beyond its control, including, but not limited to, acts of God or the public enemy, floods, fires, earthquakes, hostilities, war (declared or undeclared), acts of any de jure or de facto government or any of its subdivisions, bureaus or agencies, strikes or other labor troubles whether direct or indirect, terrorist acts, riots, insurrections, civil commotion, loss or shortage of labor, transportation, shortage of raw materials or energy sources or failure of usual means of supply.
Should failure or delay in DESERT'S performance occur because of any of the foregoing, DESERT reserves the right as to any materials so affected either to cancel the order or delay performance for a reasonable period of time, during which period of delay the applicable order shall remain in full force and effect, SUBJECT TO ANY PRICE CHANGES THAT MAY BE REQUIRED. DESERT shall notify Purchaser as to the reason for its failure or delay in performance, and as to whether it has cancelled the applicable order or delayed performance. If performance is delayed, DESERT shall also notify Purchaser as to the period of time during which delay is likely to continue.
DESERT may allocate available material between its own uses and those of its customers in such manner as DESERT in its sole discretion may consider appropriate. DESERT shall not be liable under any circumstances whatsoever for loss, damage, or expense, nor shall DESERT be liable for incidental, consequential or any other damages with respect to any order affected by this Article 13.
- INFORMATION NEEDED BY SELLER FOR FILING PRELIMINARY NOTICES: The State of California prescribes certain guidelines for and requires certain information to be contained in Preliminary Notices filed by subcontractors and suppliers of labor or materials on construction projects. Purchaser agrees, and recognizes that it is a material obligation of Purchaser, to furnish all information needed by DESERT to timely file a Preliminary Notice on any construction project for which DESERT is furnishing delivery or incidental services hereunder.
- GENERAL TERMS: No waiver of a breach of any provision hereof shall constitute a waiver of any other breach. DESERT'S failure to object to provisions contained in any communication from Purchaser shall not be deemed an acceptance of the terms of such communication or a waiver of any of the provisions of these Terms and Conditions. The applicable accepted Purchase Order and these Terms and Conditions constitute the entire understanding of the parties with respect to any sale of Products. No alleged oral representations or promises by any DESERT representative that are not contained in the written Purchase Order or these Terms and Conditions are authorized or enforceable. This Purchase Order shall be interpreted and enforced in accordance with the laws of the State of California. If any provision contained herein is deemed unenforceable, then the agreement will be interpreted as if that provision was severed.