QUOTATION AGREEMENT
TERMS AND CONDITIONS
ALUMINUM DISTRIBUTORS INC.
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Governing Terms
The quotation issued by Aluminum Distributors Inc. (hereinafter “Company”) is expressly made subject to the terms and conditions set forth herein. Any purchase of goods or services from the Company shall additionally be governed by the Company’s Purchase Agreement, the terms of which are incorporated herein by reference. Any transaction conducted on credit shall further be subject to the Company’s Credit Application and Agreement, also incorporated herein by reference. In the event of any inconsistency or conflict between these Terms and Conditions and any terms contained in any purchase order, subcontract, acknowledgment, or other document submitted by Customer, these Terms and Conditions shall control and prevail. -
Pricing; Validity; Availability
Unless otherwise expressly stated in writing, the prices set forth in the quotation shall remain valid for a period of thirty (30) days from the date of issuance. Failure by the Customer to place an order for the quoted quantities within such period shall relieve the Company of any obligation to honor such prices. All pricing is subject to change, including but not limited to manufacturer price increases, at any time without prior notice. All quotations are subject to product availability. Products may be sold prior to Customer acceptance and may become temporarily or permanently unavailable. Unless specifically stated, all prices exclude applicable taxes, freight, delivery charges, and any other incidental or special costs. -
Verification of Quantities and Suitability
The quotation is provided for informational purposes only and as a courtesy. The Company makes no representation, warranty, or guarantee as to the accuracy, completeness, or suitability of the quantities or types of materials listed therein for any particular project or application. The recipient of the quotation bears sole responsibility for independently verifying all quantities, specifications, site conditions, and project requirements, including but not limited to field dimensions, drainage considerations, and environmental conditions. The procurement of any additional or supplemental materials shall be the sole responsibility of the Customer. -
Right to Refuse Transaction
The Company reserves the right, in its sole and absolute discretion, to refuse to sell or otherwise transact with any individual or entity, including but not limited to parties not expressly identified as the Customer in the quotation. Such refusal may be based on any lawful reason, including without limitation creditworthiness or risk assessment considerations. -
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS QUOTATION OR ANY TRANSACTION CONTEMPLATED HEREBY, REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, PROMISSORY ESTOPPEL, EQUITABLE ESTOPPEL, MISREPRESENTATION, TORT, OR PRODUCT LIABILITY. -
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE COMPANY’S PURCHASE AGREEMENT, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
