Terms & Conditions
The following terms and conditions are applicable in each and every sale or transaction between the customer and Concrete Texturing Tool & Supply (herein after “CTTS”).
1. General Release.
Customer releases and agrees to forever hold harmless CTTS, its officers, directors, employees, agents, and assigns, together with said parties’ agents. Employees, heirs, assigns, any subcontractor employed by CTTS, and any other person connected with CTTS in any fashion whatsoever from any damages to property of or personal injury to said customer, his or its directors, officers, employees, agents, assigns, and/or heirs incurred in connection with any action whatsoever related to the provision of materials and/or services by CTTS. Customer hereby agrees to release, hold harmless, and forever forebear from suit for any and all damages related to said provision of products, materials, or services, including but not limited to incidental damages, consequential damages or any other damages therein or thereafter occurred.
Customer hereby agrees to indemnify CTTS in full for any costs of suit, court costs, and other expenses relating to the defense of any third party action related to CTTS’ provision of materials, products, or other services. Customer further hereby agrees to indemnify CTTS in full for any and all damages including but not limited to actual, incidental, and consequential damages related to or otherwise arising in connection with the provision of materials, products, services, for which CTTS, its directors, officers, employees, agents, assigns, and/or heirs find themselves liable for in connection with third party actions for the same.
3. Equipment Damages.
Customer hereby agrees to reimburse and indemnify in full CTTS for any and all damages arising in any fashion whatsoever and from any cause whatsoever to any and all equipment including but not limited to the company’s trucks, tools, and all other equipment related to provision of materials, products, services, and/or installation of the same arising while said equipment is on customer’s job site.
4. Disclaimer of Warranties and Warranty Limitations.
CTTS disclaims any and all warranties, both expresses and implied, in connection with the provision of materials, products, and/or services, including but not
limited to the IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CTTS warrants that all material and labor shall conform to the specifications stated herein. Any changes, alterations or deviations for the specifications herein stated will result in extra charges above the contract price herein. The parties agree that no other warranties, written or oral apply.
5. Attorneys Fees.
Customer unconditionally agrees that customer shall be liable for all charges, including but limited to all attorneys fees, cost of suit, out-of-pocket costs, and interest at the rate of eighteen percent (18%) annually which CTTS may incur in enforcing customers obligation to make payment under this agreement. There will be a minimum finance charge of $ 5.00 per statement for each month late, with payment due.
6. Arbitration and Limitations of Remedies.
Customer agrees that at the discretion of CTTS, all claims, disputes, controversies, and differences of every kind and nature whatsoever, except those relating to customer’s liability for payment, including questions of law and fact, which may arise between parties hereto which are connected with the provision of material, products, services, or any other dealing or transaction of any kind between customer and CTTS shall be arbitrated in Dunmore, Pennsylvania, and/or Lackawanna County, Pennsylvania in accordance with the rules of the American Arbitration Association. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction thereover. Customer further agrees that any relief accorded to customer shall be expressly limited to actual cost of the goods and services provided in the event that customer is successful in receiving a judgment from said arbitrator(s) against CTTS.
7. Color Variations.
Customer hereby releases and agrees to forebear forever in any action against CTTS, its directors, officers, employees, agents, assigns, and/or heirs for damages and/or heirs for damages and/or any other liability incurred in connection with any color variations of supplied pigment, concrete, overlay material and/or epoxy, random cracking, spalling, delamination, any imperfections of stamped patterns in hardened concrete, repair work, and finishes altered after customers personnel leave the job site., this includes acts of nature that may result in color variation of final products produced with supplied materials.
8. Customer Liability for Payment.
Customer agrees that payment for any product, material, and/or service which CTTS, officers, directors, employees, agents, assigns, provides to customer is due in full upon receipt of said concrete, products, material, or services. In the event that customer orders said concrete, products, materials, or services, for CTTS, thereafter refuses the same for any reason whatsoever, customer agrees to pay for said concrete, material, products, or services in full upon tender of the same. Customer expressly agrees to pay all truck rental, equipment charges associated with delivery, placement, and/or installation of said concrete, products, materials, or services. All decisions and choices of colors, patterns, layout and design are final upon execution of the contract.
In the event your check is dishonored or returned for any reason, you authorize us to electronically (or by paper draft) re-present the check to your bank account for collection of the amount of the check, plus any applicable fees as permitted by state law.
If a credit card is used for payment of an invoice, due to the In Re-Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (MDL 1720) effective January 27,2013, a surcharge of up to, but not greater than 4% may be imposed on the total amount charged to the credit card. A standard term for all open Invoices for payment is Net 15 (Fifteen) days from Invoice date. If your account remains unpaid past the 15 (Fifteen) days, you will receive a finance charge on the outstanding balance at a rate of 18% (Eighteen Percent) annually with the minimum being $5.00 per statement for each month past due. If your account reaches 31 days past due you will receive a phone call as a reminder and if the account is not brought current within 10 (Ten) days the account will be placed on a COD only status for a minimum of 6 (Six) months. At the end of the 6 (Six) month period, the customer must reapply for credit with CTTS. Reissuing credit will be to the discretion of CTTS Management. If your account reaches 60 (Sixty) days past due you will be placed on a DO NOT SHIP status until the past due balance is paid in full. If your account reaches 90 (Ninety) days past due you will be turned over to a Collection Agency immediately.
There will be absolutely No Returns on product(s) which Invoice is over 30 (Thirty) Days old. If an item(s) is returned under 30 (Thirty) it must be unopened and packaging in as “new condition”. There will be a restocking fee of 20% applied and deducted from the refund amount. The refund will be by in store credit only for future purchases and good for up to one year of dated return. Customer will be responsible for freight charges to and from origin on all returns. There will be absolutely No Returns on any special order product(s) or custom blended pigment orders including special orders for tinting/coloring concrete, masonry or for custom colored pigmented sealers. Customer will be responsible for payment in full when ordering any pigment or pigmented products. Canceled special orders will forfeit any payment or down payment of product. Special ordered items or product(s) are not refundable or returnable.
10. Entire Agreement.
This contract contains the entire understanding of the parties, and there are no oral promises, warranties, or understandings not expressly stated herein.
All provisions of this agreement will be severable and no provision shall be rendered invalid by the invalidity of any other provision.
12. Pennsylvania Law Governs.
This agreement has been accepted in Dunmore, Pennsylvania and to affect uniform interpretation of all customers’ agreements shall be governed and construed under and in accordance with the laws of Commonwealth of Pennsylvania. Customer further agrees that proper venue is in Lackawanna County, Pennsylvania.