Terms and conditions
Anchor Block Company
ANCHOR BLOCK COMPANY TERMS AND CONDITIONS OF SALE
The following states the exclusive terms and conditions of the sale of the items listed on the accompanying documents. No other terms and conditions apply unless specifically agreed to by Seller in writing. Seller’s acceptance of any offer by Buyer is expressly made conditional upon Buyer’s assent to the terms and conditions stated in this document, and none of Buyer’s additional or different terms apply.
1. Price. Written quotations are valid for no more than 30 days, unless otherwise provided for in writing. All prices are stated in U.S. dollars and exclude federal, state, provincial and local taxes, duties and fees. Prices are subject to change by Seller without notice.
2. Payment Terms. All invoices are due and payable 30 days following invoice date unless a different period is stated on the face of this order. All amounts not paid when due bear interest at 1 ½% per month, or the highest rate allowed by law, whichever is lower, until paid. Seller is not required to make any delivery where Buyer has failed to pay any invoice after said 30 day period, or other stated due date, either in connection with this order or any other order. In the event of any litigation arising out of this sale, if Seller prevails in whole or in part, Buyer must pay to Seller reasonable costs and attorney fees incurred in such proceeding. In no event is any payment due under this agreement be conditioned upon receipt of payment by Buyer from any third party.
3. Cancellation. In the event of any material alteration or cancellation of this order, Buyer must pay Seller an amount equal to the stated purchase price for all units manufactured by Seller prior to receipt of notice of material alteration or cancellation plus the cost of any specially ordered materials purchased by Seller. In addition, in the event of any cancellation of all or any part of an order, Buyer must pay to Seller an amount equal to 15% of the stated purchase price for the canceled portion of the order.
4. Risk of Loss. Risk of loss or damage is the responsibility of Buyer after delivery of goods by Seller to Buyer. No claim of shortage from stated quantity will be accepted unless noted on the delivery ticket and returned to the Seller.
5. Delivery. Any delivery times and delivery sequences provided are approximate. Seller is not liable for failure to deliver or for delays in delivery occasioned by causes beyond Seller’s control, including, but not limited to, strikes, accidents, acts of God, lock-outs, fires, embargoes, war or other outbreak of hostilities, machinery break-downs, delays of carriers or suppliers, material shortages or any other governmental acts or regulations. Seller may make deliveries in installments at its discretion. In the event that Buyer is unable or unwilling to receive a delivery of materials manufactured by Seller after notification of delivery date, Seller may, at its sole option, store such materials at Seller’s facility or elsewhere and charge Buyer a storage charge of 1% of the stated value of the stored material per month or faction thereof, or actual cost of storage if outside facilities are used. However, in the event that Buyer does not accept delivery and Seller elects to store such materials, the stated purchase price is immediately due and payable. It is understood and agreed that in no event is Seller liable for any liquidated damages incurred or assessed by buyer or any other entity in connection with any project to which materials are delivered, nor is Seller responsible for delay damages of any kind by Buyer or any other entity on any project to which materials are delivered.
6. Limited Warranty and Limitations on Remedies. ANCHOR BLOCK COMPANY LIMITED WARRANTY Anchor Block Company (“ABC”) warrants that on the date that a concrete unit manufactured by ABC and purchased by you is delivered by ABC or its agent, it is sound and free of defects that would interfere with the proper placing of the unit or would impair the strength or performance of the construction incorporating the unit (providing that the construction is of the type recommended by ABC for the unit in question).
If an ABC-manufactured concrete unit does not satisfy the noted requirements, then ABC will supply a replacement unit to the jobsite at no charge. Under no circumstances does ABC have an obligation to remove a non-conforming unit or to install a replacement unit, or to pay the costs of such removal and installation. If ABC is unable or fails to supply a replacement unit in a reasonably timely manner when obligated to do so, then ABC’s entire liability is limited to refunding the purchase price of the unit. These remedies are the purchaser’s exclusive remedies for any breach of warranty and these remedies will not be deemed to have failed of their essential purpose so long as ABC is willing and able to replace any non-conforming unit or to refund the purchase price of the unit.
This Limited Warranty is subject to the following notes of explanation/clarification/disclaimer:
• ASTM Standards. A concrete unit that substantially conforms to the requirements of the applicable ASTM Standard Specification (if any) for that unit on the date of delivery is presumed to be sound and free of defects for purposes of this Limited Warranty.
• Minor Cracks and Chips. Minor cracks or chips in a unit incidental to usual methods of manufacture or resulting from usual methods of handling in shipping and delivery are not “defects” for purposes of this Limited Warranty.
• Color Shades. ABC takes steps to minimize color variations resulting from variations in the mined materials used in manufacture of concrete units, but makes no guarantee, express or implied, of color shades as part of this Limited Warranty.
• Efflorescence. ABC takes steps to minimize the development of efflorescence on its concrete units but makes no guarantee, express or implied as part of this Limited Warranty, that efflorescence will not occur on concrete units manufactured by it.
• De-icing Chemicals. ABC produces concrete paving units and certain concrete wall units to resist the deleterious effects of de-icing salts, but makes no guarantee, express or implied as part of this Limited Warranty, with respect to any of its concrete units that have been exposed to de-icing salts or other de-icing chemicals.
• Warranty Voided in Certain Circumstances. This Limited Warranty is voided with respect to any concrete unit that has been damaged due to shipping or handling by persons other than ABC or ABC’s agents, or due to the design of the installation, the installation itself, contact with deleterious chemicals, earth shifts or acts of God.
• Persons Who Can Make a Warranty Claim. This Limited Warranty extends to all persons in the original chain of distribution from ABC to the owner of the property where a concrete unit is first installed.
• How to Make a Warranty Claim. Make a request for warranty service in writing and directed to Anchor Block Company, 5959 Baker Rd., Minnetonka, MN 55345, Attn.: Customer Service Department.
• Products Not Made by ABC. ABC sells some products that it does not make but, rather, purchases from other manufacturers for resale. Examples include: Astra-Glaze masonry units; Enduramax masonry veneer system components; Stone Age outdoor fireplaces; and Highland fire ring inserts. These products and the other products sold, but not made, by ABC are identified as such on the www.anchorblock.com website. The manufacturers of these products may provide warranties. ABC’s Limited Warranty does not apply to these products, and ABC disclaims any and all warranties relating to these products.
FOR TRANSACTIONS IN WHICH THE PRODUCTS ARE NOT CONSUMER PRODUCTS WITHIN THE MEANING OF THE MAGNUSON-MOSS WARRANTY ACT, ABC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, TO THE FULLEST EXTENT ALLOWED BY LAW. IN ALL OTHER TRANSACTIONS, THE DURATION OF ANY LIMITED WARRANTIES IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
UNDER NO CIRCUMSTANCES IS ABC RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including, without limitation, the cost to remove non-conforming product or to install replacement product, loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion applies even if the remedy noted above is deemed to have failed of its essential purpose.
Some states (and Canadian provinces) do not allow limitations on the duration of an implied warranty or the exclusion or limitation of remedies for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The Limited Warranty stated above is the only express warranty (whether written or oral) made by ABC and applicable to concrete units made by ABC and no one other than an officer of ABC is authorized to modify or expand this Limited Warranty (and then only in a document signed by the officer).
The validity and interpretation of this Limited Warranty is governed by the internal laws (and not the law of conflicts) of the State of Minnesota.
8. Applicable Law. The validity, performance and interpretation of this order is governed by the internal laws (and not the law of conflicts) of the State of Minnesota. Any dispute subject to litigation must be litigated in a court of competent jurisdiction located within the State of Minnesota and Buyer hereby consents to the personal jurisdiction thereof over it.