Endurable Standard Terms and Conditions
- Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
- Delays - Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of the goods, or for any damages suffered by the Purchaser by reason of such delay, including liquidated or actual damages.
- Arbitration - Any and all controversies or claims arising out of or relating to this contract or the performance or breach thereof shall be settled by arbitration in Minneapolis, Minnesota in accordance with the then existing rules and procedure of the American Arbitration Association.
- Mechanic’s Lien or Bond Rights - Nothing herein shall be deemed to waive or affect Seller’s right to assert a mechanic’s lien against the property on which the goods are installed, or to make a claim against any bond. Purchaser agrees to provide any and all information requested by Seller, within three (3) calendar days, to allow Seller to preserve or effectuate its mechanic’s lien or bond rights.
- Change Orders - A change order will be required for any additional work to be performed or materials to be supplied by the Seller, which is not included in the contract or is a result of the Purchaser’s failure to comply with the terms and conditions as described herein. A change order must be filled out by the Seller’s Representative and signed by the Purchaser before any work commences or material is ordered or shipped.
- Production Schedule, Installation Schedule, and Storage - When Endurable has received and accepted the contract along with signed approval drawings and credit approval, Endurable estimates it will take up to 8 weeks to produce and deliver the product provided that there are no custom materials needed. Custom materials include non-standard colors and/or materials. The Purchaser will be contacted after receipt of the required job information to coordinate a delivery date. This date will serve as the contract delivery date and will be used to schedule production, delivery, and installation.
- Material Check-in - The Purchaser shall be responsible to verify the shipment of quantities and any damage caused by shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be marked by the Seller. The Shiplist will identify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item in a box. The Purchaser must count anything that is not boxed.
- Warranty - All sales are subject to Endurable’s Exclusive Limited Warranty.