GENERAL TERMS AND CONDITIONS
Scope of the Agreement
These General Terms and Conditions (“Agreement”) apply to all sales of goods and/or services (“Products”) sold by Post-Tensioned Products, Inc., a Florida company, also d/b/a Post-tensionProducts.Com (“Seller”) to any person or entity that purchases Products from Seller (“Buyer”).
Payment Terms:
All invoices are due NET 30 from invoice date, unless otherwise stated in the Buyers credit term approval.
Payment is not contingent upon the customer receiving payment from their client or project owner.
Delays in funding, retainage, or project completion do not extend payment terms.
Early Payment Discount:
Buyers will receive a 2% discount if payment is received within 10 days of invoice date.
Credit Hold Policy:
Accounts with invoices past due by 10 days or more may be placed on automatic credit hold. No new orders will be released, shipped, or fulfilled until the account is brought current.
Late Fees & Collection Costs:
Past-due balances may be subject to a late charge of 1.5% per month (18% annually) or the maximum allowed by law. Customer agrees to pay all reasonable costs of collection, including attorney fees, court costs, and collection agency fees.
Credit Limit & Term Adjustments:
Seller reserves the right to modify credit limits, payment terms, or revoke credit privileges at any time based on payment history or financial condition.
Payment Method on File:
Buyer authorizes Seller to securely store a credit card or ACH information on file for payment of invoices not paid by the due date.
Terms of use:
This product is oWered to the Buyer conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Keeping, using, or allowing use of the Sellers products indicate your agreement to these terms.
Use limitation:
You may not modify, copy, distribute, reproduce, create derivative works from, any products obtained from the Seller.
Limited Warranty:
This product is warranted against any manufactured defect for a period of twelve (12) months from date of purchase. If a defect arises within the warranty period, Buyer must notify Seller in writing promptly.
Seller’s sole obligation, and Buyer’s exclusive remedy, is limited to the replacement of the defective Product, or refund of the purchase price if replacement is not possible.
Limitation of Liability:
Seller’s liability for any claim arising out of or relating to this Agreement or the Products sold hereunder will be limited to the purchase price of the Products. In no event will Seller be liable for any special, incidental, indirect, or consequential damages, including but not limited to loss of profits or revenues, loss of use of Products, or claims of third parties.
Assumption of Risk:
By buying, using, or allowing the use of the Sellers products, the Buyer understands and agrees that the work associated with the use of these products can be a high risk activity and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY DAMAGE, DEATH, OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES, WHETHER OR NOT CAUSED
BY THE NEGLIGENCE OR OTHER FAULT OF THE SELLER, including but not limited to a defect or malfunction from whatever cause. Additionally, you agree to indemnify, defend, and hold the Seller harmless from any third-party claims arising from such High-Risk Activities.
Product Modification:
Modification of the Sellers products can lead to a malfunction causing serious risk. The Seller will not be held liable for any modifications done to its products, or through the use or misuse of its product.
Inspect Before Each Use:
The Buyer shall inspect all products prior to each use to ensure it has not been damaged. If damaged, remove immediately from use.
Entire Agreement:
This Agreement constitutes the entire agreement between Seller and Buyer regarding the sale and use of the Products and supersedes all prior negotiations, representations, and understandings between the parties. No modification or amendment to this Agreement will be eWective unless in writing and signed by both parties.
Governing Law:
Your order from the Seller, and this disclaimer statement are governed in accordance with the laws of the State of Florida. You hereby consent to the exclusive jurisdiction and venue of the State of Florida, in all disputes arising out of or relating to the use of this product.
Modification of Terms and Conditions:
The Seller reserves the right to change the terms, conditions, and notices under which its products are oWered.
Severability:
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be aWected or impaired.
By placing an order for Products, the Buyer acknowledges that they have read, understands, and agrees to be bound by these Terms of Use.