2021 Atlas Manufacturing, Inc. (Atlas Greenhouse)
TERMS AND CONDITIONS
As per sales contract – Purchaser agrees to make prompt payment of all invoices in accordance with the terms specified in this agreement, whether the invoices so presented compromise the entire order, or only part of such order. In the event of change of circumstance, Atlas Manufacturing, Inc. (hereafter referred to as “Atlas”) reserves the right to revise credit terms or upon demand, to receive additional security from the Purchaser. If, in Atlas’ judgment, reasonable doubt exists as to Purchaser’s financial responsibility, or if Purchaser is past due in payment of any amount owing to Atlas, Atlas reserves the right, without liability and without prejudice to any other remedies, to suspend its performance, decline to ship, or stop any materials in transit until Atlas receives payment (whether or not due), or adequate assurance of such payment owing to Atlas.
Credit terms accepted by Atlas with respect to one order shall not bind Atlas to accept similar terms on subsequent orders. The Buyer, any higher-tier contractor, or the owner of property to which the products described herein may become affixed, will not be released from liens or claims of any kind unless and until such products have been fully paid for.
A late payment charge will be made on all past due balances, and will be computed at the rate 1.5% per month (which is an annual percentage rate of 18%), or the maximum legal rate, whichever is lower.
Purchaser agrees to pay all costs of collection (including attorney’s fees) incurred by Atlas if this invoice is not paid when due.
Payment for materials delivered and/or labor performed may not be withheld due to pending claims on previous contracts.
TAXES
Any taxes required, through assessment or otherwise, to pay or collect under any existing or future law upon or with respect to sale, purchase, delivery, transportation, storage, processing, use or consumption of any of the products or services covered hereby (including receipts from sales or services), will be for Purchaser’s account, and if paid or required to be paid by Atlas, the amount thereof will be added to and become a part of the price payable by the Purchaser.
SHIPPING AND RECEIVING
IMPORTANT! Customer is responsible for receiving truck shipments!
• Once the Carrier picks up your freight from our facility, safe delivery of this shipment is the responsibility of the Carrier. We will be glad to render assistance to trace and recover goods.
• Examine your shipment carefully before signing the delivery receipt. While counting the number of boxes and bundles, it is extremely important to check for shortages and/or damaged materials. If the box and bundle count does not agree with the bill of lading, or damaged material is found, it is your responsibility to note shortage or damage on the freight bill. FAILURE TO NOTE SHORTAGE OR DAMAGE ON THE BILL OF LADING BEFORE THE DRIVER LEAVES WILL JEOPARDIZE YOUR CLAIM.
• Truck line shipments leave our warehouse in good condition. It is possible that in the process of transportation and transferring of freight, material may become either lost or damaged. Therefore, Atlas cannot be responsible for conditions in which we have no control. Replacement material will be shipped and charged to your account. In this regard you are obligated for prompt payment of material (original & replacement) to Atlas. It is the truck line’s obligation to reimburse you for damaged or missing items on your claim.
• Most transportation companies will not consider a claim unless presented within 90 days from date of shipment, so your claim must be made promptly. The carrier’s agent will assist you in preparing a claim. Your claim must be supported by the following originals: Invoice, delivery receipt showing damage, replacement invoice, and replacement freight bill.
• If you discover concealed damage after the Carrier has left, you have 10 days from receipt of material to request an inspection by the truck lines in order to file a claim. If you sign your freight bill clear without exceptions and there is damage or shortage found after the freight bill is signed clear, we cannot be responsible or file a claim in your behalf. It is your responsibility to immediately contact the delivering carrier and report the damage so an inspection can be scheduled.
CHANGES IN ORDER
In the event Purchaser authorizes changes in the work to be performed, or if any federal, state, or local law, rule, or requirement results in alternate designs and/or deviations from the specifications herein, the contract sums shall be accordingly adjusted provided that the cost or credit to purchaser shall be agreed upon by the parties before change is put into effect.
LIMITED WARRANTY
Atlas warrants that its products are free from defects in material and workmanship for a period of one year. Warranties on components purchased from Atlas, but manufactured by others such as electric motors, pumps, heaters, exhaust fans, controllers, etc. are one year from purchase date and then limited to the terms of warranty extended by our suppliers.
Purchaser shall promptly, and in no event later than 10 days after discovery, notify Atlas in writing, of any defects and/or nonconformity, in detail. Upon such notification, Atlas will repair or replace any products manufactured by Atlas which it finds defective or not in conformity with specifications. All shipping charges shall be paid by Purchaser. Purchaser’s remedies hereunder are limited to the repair and/or replacement of goods manufactured by Atlas.
THE OBLIGATIONS OF ATLAS HEREIN ARE IN LIEU OF ALL OTHERS, AND ATLAS MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS, FOR ANY PURPOSE. UNDER NO CIRCUMSTANCES SHALL ATLAS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ATLAS HAS BEEN NOTIFIED OF THE POSSIBILITY THE SAME.
Buyer shall hold and protect all products for which Buyer has given notice, until Buyer is specifically instructed to do otherwise by Atlas. While such products are under Buyer’s protection, Buyer shall be liable for all damages to said products. If the structure is structurally certified by a licensed Structural/Civil engineer, the certification is based on and applies to calculations for a composite system as described in the Proposal/Contract.
Non-code or non-certified structures purchased by the Purchaser are done so at the Purchaser’s own risk. Purchasers shall indemnify Atlas from any liabilities or costs for structural failure or any legal action taken by governing agencies against Purchases for nonconformance.
The structure is designed with the understanding that interior may be cooled and/or heated. Purchaser understands that he is required to regulate inside temperatures to avoid excessive snow loads.
Purchaser understands that the cost of structural certification not requested at time of purchase but requested after Purchaser received structure and signed delivery receipt will be charged to Purchaser. In addition, any components (additional components such as trusses, purlin, braces, etc.) necessary to meet required certification will be charged to the Purchaser. Purchaser is responsible for informing Atlas of required loads for the county in which the structure is to be located.
ATLAS SHALL THEREFORE NOT BE RESPONSIBLE FOR ANY DAMAGE DIRECT OR CONSEQUENTIAL, WHETHER OR NOT THE STRUCTURE CONTAINS GROWING PLANTS WHICH SHALL RESULT EITHER FROM (A) THE FAILURE OF THE PURCHASER TO AT ALL TIMES REGULATE INSIDE TEMPERATURES, OR (IN THE EVENT THE PURCHASER IS RESPONSIBLE HEREUNDER FOR INSTALLING ENVIRONMENTAL CONTROL EQUIPMENT) (B) THE FAILURE OF THE PURCHASER TO COMPLETE TIMELY INSTALLATION OF SAID EQUIPMENT.
Purchaser will indemnify and hold Atlas and its officers and agents harmless (to the extent provided by law) from and against all loss, liability, cost, damage, or expense incident to any claim, action or proceeding against Atlas arising out of the installation, maintenance, use or operation of the products by Purchaser or on Purchaser’s behalf.
CANCELLATION
Orders for material or equipment are not cancellable, either in whole or part.
RETURN MERCHANDISE
All returns for credit must have the prior written approval of an authorized representative of Atlas and must be for justifiable reasons. The credit extended for such approved returns will be based on the invoice value at time of purchase, or such lower value as may then represent our current pricing. All returns will be assessed a handling and restocking charge of 20% unless otherwise approved by Atlas’ authorized representative. No items shall be returned for credit which have been damaged or rendered unusable. Unless otherwise approved by Atlas’ authorized representative, all returned items shall be freight prepaid by Purchaser.
GOVERNING LAW
It is agreed that the parties hereto intend that all questions as to validity, interpretation, and required performance arising out of this contract are to be governed by the laws of the state of Georgia.
Atlas, their employees, or representatives, cannot and will not be held responsible for any damage to greenhouse covering, structures, crops or equipment when used in conjunction with any locking device manufactured by Atlas or others.
Copyright 2021 Atlas Manufacturing, Inc.