P.O. Box 5197
Janesville, WI 53547-5197
401 S. Wright Rd.
Janesville, WI 53546-8729
P.O. Box 5197
Construction Cost Estimating Terms and Conditions of International Sales
Governing Provisions and Cancellation
All Sales by Construction Cost Estimating are subject to these terms and conditions. Construction Cost Estimating objects to any additional or different terms which may be contained in any of the purchaser´s purchase order, acknowledgment or other communications.
THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN Construction Cost Estimating AND THE PURCHASER, AND SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE INTERNAL LAWS OF THE STATE OF WISCONSIN AND THE UNITED STATES OF AMERICA. THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
Orders may not be cancelled or altered by the purchaser except upon terms and conditions acceptable to Construction Cost Estimating, as evidenced by Construction Cost Estimating´s authorization. Any goods returned shall be subject to restocking and reconditioning charges. Authorized returns shall be shipped to Construction Cost Estimating´s Janesville, Wisconsin office delivered Duty Paid Janesville, Wisconsin (for international sales) or F.O.B. Janesville, Wisconsin (for domestic sales). To receive authorization for returns, please call 1 608 754-7160. Construction Cost Estimating reserves the right to cancel any order within seven working days from receipt of said order.
Shipping, Delivery and Delay
All quoted delivery dates and/or periods are approximate. The delivery periods shall commence when Construction Cost Estimating shall have acknowledged receipt of complete specifications and/or applicable documents required to effect shipment, such as a letter of credit, import license, exchange permit, shipping instructions, etc. Risk of loss or damage in transit shall pass to the purchaser at the point where Construction Cost Estimating has fulfilled its obligations under the shipping terms specified herein.
Domestic orders are shipped F.O.B. Janesville, Wisconsin or the factory, and international orders are shipped Ex Works Janesville, Wisconsin or the factory. All shipping terms shall have meaning set forth in the Uniform Commercial Code (the â€œUCCâ€) for domestic sales or in INCOTERMS 2000, as published by the International Chamber of Commerce, Paris, France for international sales. Methods and route of shipment will be at the discretion of Construction Cost Estimating unless purchaser shall specify otherwise, and any additional expense of the method or route of shipment shall be borne by the purchaser. Construction Cost Estimating will quote prices for insurance and/or freight upon request. Notwithstanding the foregoing or the provisions of the UCC or INCOTERMS, title to the goods, and all accessions to or products of the goods, shall remain with Construction Cost Estimating until payment in full of the purchase price and of other amounts owing by the purchaser. To the extent legal title to the goods shall be deemed by law to pass to the purchaser at the time of delivery and prior to performance of all of purchaser´s obligations hereunder, equitable title shall remain in Construction Cost Estimating until payment in full of the purchase price, and the purchaser shall grant, and by acceptance of the goods shall be deemed to have granted, to Construction Cost Estimating a first security interest and charge in all goods to secure payment of the purchase price and other amounts owing by the purchaser and performance of all the purchaser´s obligations under this sale. Construction Cost Estimating may reclaim any goods delivered to the purchaser or in transit if the purchaser shall fail to make payments when due. Construction Cost Estimating reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve purchaser of its obligations to accept remaining deliveries.
Claims for shortages or other errors must be made in writing to Construction Cost Estimating within fifteen (15) days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the purchaser.
Descriptive Literature and Substitutes
Catalogs, product brochures, photographs and other illustrations are a general representation of the products offered, but shall not be taken as precise and shall not form part of the sale. Construction Cost Estimating reserves the right to make changes in design, specifications or materials which in L Construction Cost Estimating´s opinion are an improvement or necessary because of priorities or regulations established by governmental authority or nonavailability of materials from suppliers.
Price and Payment
All prices are subject to change without notice. All prices are listed in United States Dollars. Unless specified otherwise in writing, payment in advance is required, preferably via wire transfer. Payments must be made in U.S. Dollars.
Taxes and Other Charges
Any manufacturer´s tax, occupation tax, use tax, import tax, duty, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Construction Cost Estimating and the purchaser shall be paid by the purchaser in addition to the prices quoted or invoiced. In the event that Construction Cost Estimating is required to pay any such tax, fee or charge, the purchaser shall reimburse Construction Cost Estimating therefore.
Export Packing and Documents
Prices include Construction Cost Estimating´s standard commercial export packing which will vary depending on whether the shipment is made by air or ship. Purchaser shall bear any additional expenses required to satisfy purchaser´s specifications. All shipments hereunder are subject to compliance with the Export Administration Act, as amended, the regulations thereunder and all other U.S. laws and regulations concerning exports. Purchaser agrees to comply with all such laws and regulations concerning the use, disposition, re-export and sale of the goods or service provided hereunder.
Construction Cost Estimating warrants products supplied hereunder to be free from defects in materials and workmanship for a period of 90 days from date of shipment. If within such period any such products shall prove to be defective, such products shall be repaired or replaced at Construction Cost Estimating´s option. Construction Cost Estimating´s warranty obligations shall be limited to such repair or replacement, shall be purchaser´s exclusive remedy hereunder and shall be conditioned upon return of such products to Construction Cost Estimating, 401 S. Wright Road, Janesville, WI 53546, USA, Delivered Duty Paid Janesville, Wisconsin. This warranty shall not apply to goods which shall have been subject to negligence, accident, damage by circumstances beyond Construction Cost Estimating´s control or improper operation, maintenance or storage or to other than normal use or service.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of Consequential Damages and Disclaimer of Liability
Construction Cost Estimating´s liability with respect to breaches of warranty shall be limited as provided in Paragraph 7 hereof. Construction Cost Estimating´s liability shall in no event exceed the contract price.
Construction Cost Estimating SHALL NOT BE SUBJECT TO AND DISCLAIMS:
1. ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, 2. ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY Construction Cost Estimating, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND 3. ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
Without limiting the generality of the foregoing, Construction Cost Estimating specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, property or services, bodily or emotional injury or loss of life, downtime, shut-down or slowdown costs, spoilage of material, or for any other types of economic loss.
Local Safety Standards and Regulations
Products sold by Construction Cost Estimating are designed to meet applicable US safety standards and regulations. Because local safety standards and regulations vary significantly, Construction Cost Estimating cannot guarantee that all such products meet applicable requirements in each locality outside the United States. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used.
Any sketches, models, samples or designs submitted by Construction Cost Estimating shall remain the property of Construction Cost Estimating, and shall be treated as confidential information unless Construction Cost Estimating has in writing indicated a contrary intent. No use or disclosure of such sketches, models and samples, or any design or production process or techniques revealed thereby, shall be made without the express written consent of Construction Cost Estimating.
Inclusion of Construction Cost Estimating´s Terms and Conditions
All of the purchaser´s sales contracts or quotations, acknowledgment or invoice forms relating to goods sold by Construction Cost Estimating shall include appropriate reference to the limitations on Construction Cost Estimating´s warranty and damage obligations as contained in Paragraphs 7 and 8 hereof so as to effectively limit Construction Cost Estimating´s obligations to customers of purchaser to those set forth in these Paragraphs 7 and 8.
Actions by Construction Cost Estimating for nonpayment by the purchaser of the undisputed purchase price of goods sold by Construction Cost Estimating, or for redress for other undisputed breaches by the purchaser of the contract of sale, may be brought by Construction Cost Estimating before any judicial court of competent jurisdiction without need for prior arbitration. All disputes between the purchaser and Construction Cost Estimating in connection with any other claim arising hereunder shall be finally settled by arbitration in Milwaukee, Wisconsin, under the Rules of the American Arbitration Association (which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules) by single arbitrator appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the internal laws of the State of Wisconsin.
Construction Cost Estimating shall not be liable for any loss or damage as a result of Construction Cost Estimating´s delay in or failure of delivery due to 1) any cause beyond Construction Cost Estimating´s reasonable control, 2) any act of God, act of the purchaser, embargo or other governmental act, authority, regulation or request, fire, theft, accident, strike, slowdown or other labor disturbance, war, riot, delay in transportation, 3) inability to obtain necessary labor, materials, component, supplies or facilities, 4) inability to obtain necessary export licenses, import licenses, exchange permits, etc. Should any of the aforementioned events of force majeure occur, Construction Cost Estimating, at its option, may cancel purchaser´s order with respect to any undelivered goods or extend the delivery date for a period equal to the time lost because of delay. Notice of such election shall be given promptly to the purchaser. In the event Construction Cost Estimating elects to cancel the order, Construction Cost Estimating shall be released of and from all liability for failure to deliver the goods, including, but not limited to, any and all claims on behalf of the purchaser for lost profits, or for any other claim of any nature which the purchaser may have. If shipping or progress of the work is delayed or interrupted by the purchaser, directly or indirectly, the purchaser shall pay Construction Cost Estimating for all additional charges resulting therefrom.
Right of Withdraw
We reserve the right to withdraw this offer if it is determined it is in violation of any U.S. Trade Laws.