Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. TERMS OF PAYMENT after approval of credit are Net 30 Days, with 1-1/2% interest per month charged on any balance not paid, held or retained beyond 30 days, for any reason whatsoever. Purchaser shall bear all sales, use, privilege or personal property taxes, and taxes of every other character by whatever name designated that now is or hereafter may be imposed in any manner by Federal, State, and Local Authorities on this transaction, or on the product covered hereby, or on the manufacture, shipment, sale, lease, possession, ownership, or use of the products; and Purchaser shall pay the same either to HPB or public authorities, as may be required. All prices quoted are F.O.B. HPB unless specifically noted otherwise.
2. When shipment is included, carriers contracted are responsible for goods lost or damaged in transit; therefore, Purchaser must immediately inspect all goods on receipt and in case of loss or damage en route, Purchaser must immediately notify carrier at destination in writing, copy to HPB, in order to substantiate formal claim when presented.
3. HPB warrants only that materials provided by HPB (if applicable) will be as specified by Purchaser or as modified by subsequent agreement, and that work performed will be free from defects in workmanship, for a period of eighteen (18) months from the date of shipment, or twelve (12) months from the date of installation, whichever expires sooner. The only warranty made by HPB concerning inspection of bends produced by HPB is that shop examined bends are of the quality level expressly specified for the project prior to fabrication. Qualification Bends are subject to independent third party testing. Customer acknowledges that should a qualification bend need additional testing, additional material cost, bending cost and third party testing cost may be charged. The above warranties shall be exclusive, in lieu of any and all other warranties between the parties, whether express or implied, arising at law or in equity, including without limiting the foregoing for merchantability or fitness for purpose. Purchaser’s remedies shall be limited to replacement of non-conforming materials or credit for the cost thereof, subject to having provided HPB with notice in writing of any defect within the time period specified herein. Purchaser warrants to HPB that all materials furnished by Purchaser will be free from defects in workmanship and Purchaser further agrees to reimburse HPB for all labor and machine time expended on any defective materials prior to the discovery of the defect.
4. Under no circumstances will HPB be liable to Purchaser in any way for any costs or damages associated with or arising from late completion or shipment.
5. Project Timing: HPB is committed to completing your project within the time frame documented in the Final Order Acknowledgement. PLEASE NOTE: any delay by the customer approving or providing job specific requirements will result in a delay to the project completion date, and may result in the need for HPB to re-schedule performance of the work. Job specific requirements include but are not limited to: approval of Manufacturing Procedure Specifications (MPS), approval of outside testing results and or delivery of customer material to HPB.
6. Notwithstanding anything to the contrary contained herein, in no event will HPB be liable for any special, indirect, incidental, punitive or consequential losses, costs or damages whatsoever, liquidated or unliquidated, including without limiting the generality of the foregoing loss of profit, loss of revenue, loss of use, loss of throughput, or closure or downtime of facilities, and no matter how arising, and whether any claim is based in law, strict liability or equity.
7. Any change to these GENERAL TERMS AND CONDITIONS will be made only by a formal written agreement signed by an authorized representative of HPB. Orders are subject to cancellation only with the written consent of HPB and only upon agreement by Purchaser to make payment for all costs incurred, including overhead and profit, prior to receipt of notification of intent to cancel.
8. Remedies provided herein are exclusive and in lieu of all other remedies, express or implied, whether arising at law or in equity.
9. The GENERAL TERMS AND CONDITIONS set out herein are the only terms applicable to the work to be performed hereunder, and all other discussions, negotiations or documents with respect to the subject matter hereof shall be void and of no effect. The agreement between HPB and Purchaser shall be governed by, construed and enforced in accordance with the laws of Texas, without giving effect to the conflict of laws provisions thereof.
10. Material quoted and or sold by Houston Pipe Benders, LLC is not to be shipped or transshipped into the following countries: CUBA, IRAN, LYBIA, NORTH KOREA, SUDAN OR SYRIA. ALL products sold by Houston Pipe Benders, LLC are subject to the EAR (Export Administration Regulation). Diversion contrary to U.S. law is prohibited.