1. Sales &/or other applicable taxes are not included and will be added at the applicable tax rate when seller’s invoice is issued unless appropriate tax exemption certification is provided prior to invoice date. Once an invoice is issued, with sales tax included because the buyer did not provide documentation that the purchase was not taxable, it shall not be the seller’s obligation to waive the sales tax that seller already paid to the taxing entity nor shall seller be obligated to issue a credit to buyer for the invoiced sales tax that buyer was invoiced for and must therefore pay to seller.
2. FOB factory; FFA to jobsite or first destination requested unless stated different on seller’s Proposal or Order Acknowledgment.
3. Rigging, installation, field wiring or piping is not included for any equipment supplied.
4. Electrical items such as starters, disconnects, etc. are not included unless specifically indicated herein or in a submittal.
5. Any item, component, compliance label or service that is not specifically described in a Proposal, Submittal or Order Acknowledgment is not included. Start-up service is not included unless specifically stated as being provided for a particular equipment item.
6.Lead-time is subject to change by each manufacturer. Current lead-times will be given upon request. It is the buyer’s responsibility to determine if lead-time has any impact on the buyer or the project in any way.
7. Quantities of equipment & materials are per seller’s takeoff interpretation of the plans and specifications and have been used to determine the prices offered or shown herein. If buyer’s takeoff interpretation is different than seller’s, it is buyer’s responsibility to notify seller so seller’s price can be adjusted to match buyer’s takeoff interpretation. Neither Gritton & Associates, Inc. nor its vendors will be held responsible to provide quantities greater than shown in a Proposal, Submittal or Order Acknowledgment unless seller issues a written agreement to such a quantity increase that is signed by an officer of Gritton & Associates, Inc..
8. Equipment should not be released for production until seller receives an approved copy of submittals unless buyer issues written approval to do so. Submittal approval by the contractor(s) or architect or engineer shall constitute acceptance and approval of the equipment to be furnished as submitted or duly noted in the approved submittal review documents. Submittal approval shall take precedence in the event of any conflict with the plans & specifications. If submittals are not approved, Gritton & Associates, Inc. agrees to release buyer from any obligation to purchase and in turn, Gritton & Associates, Inc. shall not be bound to provide buyer with any other brand of equipment that is subsequently approved.
9. Equipment and materials will be shipped by each manufacturer in total project quantities for a respective product category whenever possible. Buyer is responsible to properly store and protect equipment and materials at all times. If buyer has any claim of shortages from the quantities required &/or as shown on shipping papers, seller must be notified by buyer, in writing, within 30 days from the date of delivery. If such notification is not given within this timeframe, an additional and separate order must be placed by buyer to obtain any items that are required to finish the project.
10. Equipment & materials will be shipped directly from a manufacturer/vendor to the 1st destination designated by the buyer; which is typically the project construction site. Additional freight costs beyond the initial shipment are not included & will be invoiced separately, in addition to the original sales price amount. Storage costs of any kind are not included & will be the responsibility of the buyer regardless of where the items are stored. If storage is desired to be at a Gritton & Associates, Inc. warehouse facility, a separate price and contract must be agreed upon and all storage charges must be paid in full prior to any item leaving the warehouse.
11. Equipment, materials &/or services are offered for buyer’s purchasing consideration only. Seller makes no guarantee that the equipment proposed will be approved by any of the authorized approving entities involved. Seller reserves the right to adjust its price based upon requirements that are brought to its attention during the submittal review process that cause its price to change. Seller has prepared its offered & stated price for all equipment, components, options & accessories to comply as closely as possible with the technical requirements made available to seller. However, any or all items may not be in complete compliance with the specifications &/or other contract documents. It is typical that not a single manufacturer can comply with 100% of the specifications &/or contract document requirements. If the equipment seller has proposed is not approved, seller will not be held responsible for any financial impact from buyer having to purchase equipment elsewhere.
12. Labor and materials required for any service calls that seller is requested to make for the purpose of diagnosing equipment or system operational problems after the equipment seller provides has been placed into beneficial operation is not included. Any service trip requested after start-up has been performed must be contracted for separately before seller makes any site visit to assist with equipment service or system diagnostics.
13. Pricing shown is based upon receiving a written order within 30 days and a written release to production within 90 days from the date of this proposal. Pricing does not include any provisions for escalation. If seller receives an order or a production release authorization after these time periods from the date of the proposal, seller reserves the right to add any and all cost increases that it incurs related to the equipment and materials it has offered &/or agreed to provide.
14. Gritton & Associates, Inc. reserves the right to invoice buyer directly for its rep services that may be included in the prices shown herein. Such services may include but are not limited to preparation of submittals & IOM manuals, jobsite equipment inspections & reports, jobsite supervision & inspections, owner training & mark-up on equipment that was directly invoiced by a manufacturer or supplier/vendor.
15. One or more of the respective manufacturers included or identified herein may require that the buyer be invoiced directly by the manufacturer rather than by Gritton & Associates, Inc.. Therefore, buyer may be required to issue a purchase order directly to one or more of those manufacturers if so requested. Any subsequent order that is placed directly with a manufacturer or supplier/vendor is subject to acceptance by that entity. If order acceptance is not given, for any reason, Gritton & Associates, Inc. will not be obligated to fulfill such an order or purchase offer that was refused or rejected by the manufacturer or supplier/vendor.
16. Industry standard warranty is typically for a time period of 18 months from shipment date or 12 months from start-up date, whichever comes first and covers “parts only” for equipment unless labor warranty is specifically noted to be different. If any different warranty coverage applies to the equipment, materials &/or services offered herein, it must be stated herein or agreed to in writing, by an officer of Gritton & Associates, Inc.; otherwise the standard warranty shall apply.
17. Buyer agrees that acceptance of this proposal constitutes a formal commitment with seller to purchase the products and services described herein, provided the submittals are approved by the owner, architect, engineer, or contractor. If the submittals are approved and the order is cancelled after such approval is given, then buyer further agrees that Gritton & Associates, Inc. shall be compensated a minimum of 15% of the order value for any item that was approved and then cancelled. The cancellation amount could be much greater than 15% if the equipment was released for production scheduling prior to written cancellation notice being received by Gritton & Associates, Inc..
18. Neither party may claim consequential damages of a commercial nature against the other party.
19. Terms of Payment are to be as outlined below (applicable only to Gritton & Associates, Inc. issued invoices; Not applicable to factory issued invoices):
- Net 30 days from invoice date; finance charges will not be assessed if payment is received within Net 60 days.
- Finance charges will be assessed & invoiced on any unpaid balance that goes beyond 60 days from date of invoice at the rate of 1.5% per month. Discount Terms: no discounts will be allowed for any customer account that is not entirely current before taking any discount.
- Additional discounts may be negotiated & allowed if written agreement is reached and payment in full is received at time of order/production release.
- Notification & arrangement for discounts must be made before taking any discounts.
- Retention is not acceptable; finance charges will be assessed as described above on any retained funds &/or unpaid balance beyond Net 60 days from invoice date.
- Lien waivers &/or releases will not be signed until full payment is received & deposited for all invoices covered by the lien waiver time period.
20. These terms & conditions supersede all conflicting terms & conditions outlined in any purchase order issued either before or after the Gritton & Associates, Inc. Proposal or Order Acknowledgment documents unless specifically agreed to, in writing, by an officer of Gritton & Associates, Inc.. If the manufacturer sells &/or invoices the “purchaser of record” directly, then the manufacturer’s terms & conditions of sale shall supersede those of Gritton & Associates, Inc.; details available upon request.