Terms and conditions contract :
These terms and conditions are a part of Door and Dock solutions [ seller] proposal represent the sole terms under which seller intends to perform specific exceptions are noted in writing. By placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions. Any purchase order, contract, or sub contract which does not comply will be construed as a counter offer which is open to negotiation.
- Proposed shipping schedule is valid at date of proposal and 10 days thereafter. Orders placed beyond this period will require shipping schedule verification from our manufactures / suppliers.
- When drawing approval is required, the shipping schedule is from the final date of final approval arrive at the manufacture’s plant.
- When desired delivery days are unknown at the time of order placement, the equipment will be placed on “ will call “ status and no fabrication will be started until the manufacture is advice of a firm delivery date, in writing. It shall be purchaser’s responsibility to stay informed of delivery schedule changes and to notify the seller in sufficient time to meet the desired delivery requirement.
- Should manufacture be required to hold scheduled shipment for more than ten days or to interrupt the production of already in progress, a charge will be made for the cost of handling and storage, plus a carrying charge of 2 % per month or fraction thereof applied on the value of the equipment while said equipment is in storage
- Equipment not released for shipment by purchaser within six months of purchase order or contract date will be invoiced at prices current at date of shipment.
- Equipment is F.O.B manufacture’s plant and freight costs are not included unless specifically stated.
- Estimated shipping weights are approximate which are noted for purchaser’s convenience. Seller will not be held liable for actual weight.
- CLAIMS : All orders are shipped F.O.B, factory. We must insist that you accept delivery on all orders, even in the cases where there is visible or concealed damage, and file claim with the delivering carrier. Our liability for the shipment ceases after it is picked up from the same. If purchaser fail to note damage, visible or concealed , of received equipment on bill of lading at the time of delivery, cost associated with replacement equipment or repair are the responsibility of the purchaser.
- Net 20 days, Terms are stated unless specifically stated otherwise in seller’s proposal. A 2% charge will be added for each month or fraction thereof that any invoice remains unpaid after 30 days from invoice date. Seller reserve the right to waive the stated 2% charge at any time without prior notice. Prices quoted do not included Federal, State, or Local taxes otherwise in seller’s proposal. Out of state jobs taxes are the responsibility of others.
- Prices quoted do not include installation unless specifically stated otherwise. Where installation is quoted, the price does not include any electrical work, concrete work, building modifications, excavations work, underground piping, angle framing for pit embedded items, unloading of equipment, placing in pit nor any other items not specifically stated in seller’s proposal. Installation price is based on uninterrupted continuity of work. Should installation be interrupted or delayed for causes beyond the control of the seller or its agent’s, a charge based on time and material will be added to the quoted and, if applicable, order price to cover these delays.
- All proposals are valid for 30 days unless otherwise stated.
- All orders and contracts are subject to credit approval
- All materials remains’ the property of seller until paid in full.
- Seller will accept no purchase orders, contracts or sub contracts, which include any type of penalty clauses unless specifically agreed to in writing.
- Sellers proposal offer manufacture’s design and technical concepts. No other suggested designs or drawings or specifications will be binding on the manufacture or seller unless specifically accepted in writing by the manufacture and seller.
- Equipment covered in seller’s proposals are in general agreement with national safety codes and practice. Seller and manufacture will not be held liable for individual, state or local codes and any other codes or order not specifically mentioned in seller’s proposal.
- Performance of all agreements on sellers and manufacture’s part is contingent on strike, accidents, delay due to inability to procure material or labor, delay, damage or loss in transit, destruction or damage by fire or by act of God and by any other causes beyond sellers or manufacture’s control. Performance is also subject to government priorities and national emergencies.
When seller must accept contractual responsibility, all contracts and sub contracts for the purchase of equipment and or delivery and installation of said equipment must
- State the general conditions of contractual obligations between the general contractor and owner if seller is obligated to perform under these conditions. [ if no such breakdown is included in the contract or sub contract, seller will not be held liable for those conditions.]
- Cite the proposal as the supporting document covering the sellers offer. [ The proposal is sole document under which seller intends to perform and seller will not be held liable to conform to any specifications and / or drawing to specifically mentioned in this proposal. ]
- Include the 1st or 2nd payment schedule when seller assumes the responsibility for installation:
A When the proposal is for a lump sum price, the payment schedule shall be as follows
- 90 % of contract price on shipment of equipment or readiness to ship.
- 10 % of the contract price on completion of seller’s portion of the installation.
- 10 % retainer may be withheld from the above payments and shall be payable upon acceptance of the equipment or 60 days after completion of seller’s part of the installation, which ever come first.
B When the proposal shows the installation as a separate item, the payment schedule shall be as follows:
- 100% of the equipment price, tax and freight on shipment of equipment or readiness to ship.
- 100% of the installation price on completion of seller’s portion of the installation.
- 10 % retainer may be withheld from the above payments.
- The 10 % retainer on the equipment shall be payable upon acceptance of the equipment or 60 days after shipment of equipment or readiness to ship, whichever comes first. The 10 % retainer on the installation shall be payable upon acceptance of the installation or 60 days after completion of seller’s portion of the installation, whichever comes first.
Proposal Terms/ Miscellaneous terms:
The term noted are binding and responsibility of the customer otherwise noted in writing by Door and Dock solutions.
- All proposals are valid for 30 days unless otherwise stated
- Removal of existing products and disposal by customer
- Unloading and storage of products upon delivery by customer.
- All electrical hookup and wiring by customer
- Clean, clear, flush and flat mounting surface by customer
- All opening / jamb preparation, clearness, blocking and mounting surfaces necessary to install the complete door by customer.
- Installation and or Removal is performed from a finished floor and driveway approach
- Concrete preparation including steel embeds /conduits by customer
- Removal of obstacle by customer, area has to be ready to receive the product[s].
- Uninterrupted access to each loading dock/ dock door position by customer to prevent idle time.
- Work authorization and fire permits to be granted by customer before arrival of install.
- Installation is quoted to be completed in one trip or consecutive working days. Conditions that may arise, not under control of Dor and Dok systems, that will not allow the installation to be completed as such, may result in additional charge.
Order cancellation Fees
- A cancellation fee will not be applied on order received if order is revised within 10 days of receipt of original order.
- A 5 % cancellation fee [based on equipment selling price] will be applied if notification is received at our office requiring an order revision beyond this 10 day period. This will apply to orders received for standard units not entered and not shipped.
- A 10 % cancellation fee [based on equipment selling price] will be applied if notification is received at our office requiring an order revision beyond this 10 day period. This will apply to orders received for non – standard units not entered and not shipped.
- A 20% cancellation fee [based on equipment selling price] will be applied to the customer account for orders received covering standard units entered but not shipped and cancelled for any reason other than shelving of a project.
- A 25% cancellation fee [based on equipment selling price] plus freight out and back will be applied for orders received on standard units which have been entered and shipped.
- A 30 % cancellation fee [based on equipment selling price] will be applied for orders for non – standard units entered and in processes of manufacture.
- A 40 % cancellation fee [[based on equipment selling price] will be applied on orders for non- standard units, which have been entered and manufactured and awaiting release for shipment.
- Non – standard equipment shipped in accordance with specification coding as outlined on Quotations will not be authorized for return or credit unless approval received from Door and Dock solutions, If authorization is given for credit, freight charges out and back to the factory will be applied to the cancellation fee charges as determined by Door and Dock solutions .
Door and Dock solutions expressly warrants that any equipment sold by us will be free from defects in materiel and workmanship under normal use recommended by O.E.M for a period of one year from date of substantial completion* of the portion of the building in which it is installed provide the purchaser maintains and operated the equipment in accordance with manufacture’s recommendations. In the event the equipment proves defective in material or workmanship Door and Dock solutions, will at its option
- Replace the equipment or the defective portion thereof without charge to the purchaser, or
- Alter or repair the equipment on onsite or elsewhere, as Door and Dock solutions may deem advisable without charge to the purchaser. The warranty stated in the preceding paragraph is that expressed by Door and Dock solutions, and is in lieu of all guarantees and warranties, expressed or implied by anyone other than Door and Dock solutions. This warranty does not cover any failure caused by improper installation, overloading, abuse, negligence or failure to lubricate and adjust the equipment properly or lack of maintenance. Parts requiring replacement due to damage resulting from vehicle impact, abuse, improper operation, or lack of proper protection are not covered by this warranty .
Door and Dock solutions
5100 Westheimer Road
Suite # 200
Houston, TX – 77056.