Gideon Steel Panel Company, LLC Terms and Conditions for the Sale of Goods
Gideon Steel Panel Company, LLC is referred to as “Seller”. The Customer is referred to as "Buyer and is to include the person or entity named on Gideon Steel Panel Company, LLC quote and / or invoice, and is to include any agent of the Customer.
All Transactions are Component Sales Only unless otherwise stated in writing by Seller on Seller's quote and invoice.
Safety Precautions: Proper gloves should be worn to prevent injury while handling steel products. Safety glasses should be worn to prevent eye injury when handling, cutting, or drilling steel products. Use care when walking, sitting, or kneeling on steel roof to avoid fall. Steel panels may become slippery when wet. Do not work on steel panels during wet or when climatic conditions exist. Such conditions are not suitable for safe installation.
Material acceptance: All materials must be inspected immediately upon receipt and the presence of moisture, white rust, or other damage reported at that time. No claims for wet storage stain will be considered after five (5) days from shipment. Installation of material further constitutes acceptance.
Material Storage: Panel or sheet bundles should be separated and dry all surfaces, if water is permitted to enter panel or sheet bundles. Trapped moisture may cause spot rusting or damage to paint system. Store bundled panels or sheets off the ground sufficiently high to allow air circulation beneath bundle. Slightly elevate one end of bundle. Prevent rain from entering bundle by covering with tarpaulin, making provision for air circulation between draped edges of tarpaulin and the ground. Prolonged storage of panels or sheets in a bundle is not recommended. If conditions do not permit immediate erection, extra care should be taken to protect materials from developing white rust, water marks, paint bubble, etc. Strippable film should be removed within 7 days of arrival to prevent permanent adhesion. Do not allow strippable film t o be exposed to direct sunlight.
Goods Take-offs: Seller does not offer the service. To keep prices as low as possible, the list of Goods required is always the Buyer’s responsibility. Seller’s Sales personnel will offer information on the Goods offered, but Seller shall not be responsible for a Goods take-off.
Engineering Advice: Seller does not offer engineering advice or recommendations. Section properties on panels and standard Zees and Cees are available from Seller so the Buyer’s Engineer can determine the necessary design for the desired application, but Seller shall not be responsible for any damage or injury resulting from design problems of any kind.
Installation: Seller’s Goods should be installed by qualified professional steel erectors. If Buyer is not a qualified professional steel erector, Buyer should hire a competent erector who is trained and experienced with installing and erecting steel building Goods safely. Seller shall not be responsible for damages to Goods, property or injuries to persons due to negligent or improper installation by any person.
Waiver of Consequential Damages: Notwithstanding anything stated to the contrary herein, IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNATIVE DAMAGES of any kind character, including, but not limited to, loss of use, loss of profit, loss of property, or loss of revenue, whenever relating to or in connection with any Component Order.
Fabrication Error Remedy: Buyer shall notify Seller of any alleged fabrication errors, in writing, within ten (10) days of shipment or pick-up and allow Seller to investigate and confirm or deny the alleged errors or any remedies by Seller shall be waived. Seller shall remedy all fabrication errors Seller confirms to be Seller’s by, at Seller’s option, either repairing or furnishing replacement Goods or by rendering a reasonable credit for any Goods, repair or remedy. Seller shall have no obligation to remove or dismantle defective parts or to be erect or install replacement parts. Seller shall not be responsible for fabrication errors attributed to defective fabrication drawings or details supplied by Buyer, or dimensions on Seller’s issued approval drawings that have been confirmed approved by Buyer. All fabrication errors caused by Buyer or third parties, including but not limited to improper storage at jobsite or improper installation, will be the financial responsibility of the Buyer. Back charges that are unauthorized by Seller shall be disallowed and the Buyer’s account placed on immediate Credit Hold until resolution. Seller shall not be responsible or financially liable for delivery delays or any Buyer’s cost expended on remedies unauthorized by Seller, including but not limited to Buyer’s erection crew expenses or rental equipment costs or liquidated or consequential damages of any kind relating to fabrication errors.
Items Sold as “Rejects” or “Seconds” or “#2”: Items sold using the term “Rejects” or “Seconds” or “#2” are non-prime blemished Goods, and are not claimable or returnable for any reason and are sold on an “as is”, first-come, first-served basis without a warranty of any kind.
Miscellaneous: The titles to each of the various paragraphs herein are included for convenience or only and shall in no way define, limit, or describe the scope or intent of this agreement. In the event that one or more of the provisions hereof shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and the remainder of the terms and conditions shall be construed as if such invalid or unenforceable provision had never been contained herein. No oral agreement or other understanding shall in any way modify the terms and conditions herein: written modifications, to be effective, must be signed by both Buyer and Seller. If Buyer is a legal entity, including but not limited to, a corporation, limited partnership or joint venture, Buyer represents and warrants that this agreement and its execution have been duly authorized by all necessary entity officers and proceedings, and Buyer represents and warrants that persons or entities placing any Component Orders with Seller on behalf of Buyer have been duly authorized by Buyer to place such orders. In the event that Buyer’s Purchase Order and/or terms or conditions are inconsistent with Seller’s Component Order and Terms and Conditions, Seller’s Component Order and Terms and Conditions shall govern. Seller will not accept, execute or be bound by Buyer’s Purchase Order or any terms and conditions attached thereto. If Buyer’s Purchase Order Number should appear on any Seller document(s), it is strictly for Buyer reference only.
Oil-Canning / Wavy-Edge: Oil-canning is not a cause for rejection on concealed fastener / standing seam products. Wavy-edge is not a cause for rejection on exposed fastener panels. Buyer should request explanation of Oil-canning and Wavy-edge prior to ordering metal products.
Galvalume: Bare Galvalume coating is subject to variances in spangle from coil to coil which may result in noticeable shade variation in installed panels. Galvalume coating is also subject to differential weathering after panel installation. Panels may appear to be different shades due to this weathering characteristic. If a consistent appearance is required, GSPC recommends that pre-painted panels be used in lieu of bare Galvalume. Shade variation in panels manufactured from bare Galvalume does not diminish the structural integrity of the product. These shade variations should be anticipated and are not a cause for rejection.
Guaranty / Warranty: Gideon Steel Panel Company, LLC makes no guarantees, either expressed or implied. Failure to comply with these procedures relieves the manufacturer of responsibility for any resultant damage to or deterioration of product and voids all warranties. There is no implied warranty of merchantability or fitness for purpose.
Cancellation and Returns: Buyer may not cancel any order for products or return any products without Seller’s express written consent. Any cancellation authorized by Seller shall be subject to a cancellation charge of at least fifteen percent (15%). The amount of credit, if any, allowed to Buyer for returned goods shall be at the sole discretion of Seller. Used goods, processed material or specially manufactured materials may not, under any circumstances, be returned to Seller. In the event Buyer cancels any order without seller’s written consent Seller shall be entitled to recover any and all damages suffered by Seller.
Buyers Acknowledgement: Buyer acknowledges that Buyer must conduct its own testing to ascertain the specific chemical and physical characteristics of the products purchased hereunder. Buyer affirmatively states that Buyer is not relying on any representation, warranty or promise from Seller in connection with this transaction. Buyer acknowledges that they have read and understand Terms and Conditions for Sales of Goods and agree to abide by the terms and conditions as stated.
Receiving orders: If Buyer does not take possession of materials with in 30 days after materials are completed, Buyer is subject to storage fees of $100 per day for pre-engineered metal building packages and $50 per day for roofing / building components sale.
Governing Law: This transaction shall be governed in all respects by the laws of the State of Oklahoma.