These standard terms and conditions are applicable to the sales order to which it is attached and are in addition to any other terms and conditions listed on the face of the Sales Order. All references herein to “Sales Order” include these terms and conditions; any attached documents are incorporated herein by reference.
Acceptance is strictly limited to the terms and conditions in this Sales Order Contract. Unless specifically agreed to in writing by Jacobs Manufacturing Corp. authorized representative. Jacobs Mfg. objects to, and is not bound by, any term or condition that differs from, deletes from, or adds to this Sales order. Purchaser’s written release to production shall conclusively evidence purchaser’s acceptance of this sales order contract as written, whether signed or not.
Payment for the ordered items will be according to our terms of sale. Upon approved credit, those terms are 2% discount of purchased item(s)(exclusive of freight charges) if payment is remitted within 10 days, net due within 30 days of invoice date or ship date whichever is later. All invoices not paid within these terms are subject to a finance charge of 1-1/2% per month, 18% per year. In the event that there is a dispute over goods received, payment shall still be due and payable according to our terms of sale.
Shipment of goods is FOB Grove, OK, freight will be prepaid and added to the invoice if requested by purchaser. Freight charges may have been estimated at time of request for pricing; this is only a good faith estimate. Jacobs Mfg. does not guarantee freight quotes. It is our policy to seek the best deal possible on freight, using reliable freight carriers; but we cannot accept responsibility for the actions of the freight carriers. Jacobs Mfg. ships to the location desired by the purchaser, if any delays in unloading occur or purchaser incurs unanticipated cost in unloading or storage of the purchased item those costs are to be borne by the purchaser without recourse to Jacobs Manufacturing Corp.
Termination/ Cancellation of this Sales Order Contract prior to completion shall be subject to Jacobs Manufacturing Corp. being reimbursed for all costs incurred, plus anticipated profits up to the point of termination/cancellation. Jacobs Mfg. will take all steps possible to minimize extra cost to purchaser i.e. (return or redirect goods to other projects when possible). Jacobs Mfg. must be paid in full all amounts due them up to the full cost of the Sales Order Contract or purchaser will be in breach of our agreement. Purchaser is entitled to possession of all products they are billed for and Jacobs Mfg. has received payment for. This contract is between Jacobs Manufacturing Corp. and purchaser, this contract is not subject to any third party conditions.
Warranty shall run for one year from date of shipment. This warranty shall cover any defects in workmanship or materials. The product is warranted to be substantially in compliance with the specifications provided at the time of request for quote, or if mutually agreed upon adjustments have been made prior to release to manufacture, shall be in compliance with those adjustments. Jacobs Manufacturing Corp will bear all costs associated with fulfilling any claim we determine to be a justified warranty claim. Jacobs Manufacturing Corp. does not warrant any product for a specific use, the purchaser must determine that the product purchased is satisfactory for the intended use.
Changes from the original quote may be made upon the mutual agreement of seller and purchaser. Jacobs Manufacturing Corp. may withdraw our quotation prior to release to production, if changes from the original quotation are not agreed upon by seller and purchaser. Any changes required after production has begun will be made as necessary and the price will be adjusted accordingly based on our standard billing practices. Changes required after shipment of purchased item will require return of item to seller at purchaser’s expense or purchaser may request that seller travel to the site of the product if that is more feasible. Purchaser will be responsible for all travel costs incurred plus cost of modifications.
Purchasers review of seller’s submittal and approval with release to manufacture shall be construed as acknowledgment that the item as submitted is substantially in compliance with specifications for the proposed project.
Confidential information, all drawings, specifications and technical data submitted to purchaser are the property of Jacobs Manufacturing Corp. and shall not be duplicated or copied except for the benefit of the purchaser. These documents are not to be distributed beyond those that have a need to know for this project. These documents are not to be used for seeking bids or products from other entities on this project or any other project without the written permission of Jacobs Manufacturing Corp.
Purchaser’s claims shall be made to Jacobs Manufacturing Corp. in writing not later than 5 days after a claim arises. The claim will be evaluated and every attempt will be made to settle said claim in a manner amicable to both parties. In the event that an amicable settlement cannot be reached purchaser agrees that the only recourse will be subject to the laws and jurisdiction of the State of Oklahoma. The prevailing party in any litigation shall be entitled to recover interest at 6% per annum, plus its litigation cost, inclusive of reasonable counsel and expert fees.
Jacobs Manufacturing Corp. only collects taxes payable within the State of Oklahoma the purchaser shall be responsible for all taxes payable to their local tax authority, if it is outside Oklahoma.
The partial or complete invalidity of any one or more provisions of the sales contract shall not affect the validity of continuing force and effect of any other provision.
This Sales Order Contract shall constitute the full and complete understanding and expression of all rights and obligations of and between parties hereto, and supersedes all prior and contemporaneous negotiations, proposals, and understandings, if any, of the parties. Only a written change order signed by the purchaser and agreed to by Jacobs Manufacturing Corp. shall be deemed an amendment to the Sales Order.
Our product will be built to our interpretation of the specifications provided and as shown on submittal drawings provided to you; however, we make no representation as to the use of the product for a particular purpose or application. Inspection of the product shall be performed within 7 days of receipt and any noted discrepancies shall be sent to Jacobs Manufacturing Corp. immediately.
Building should be inspected for in-transit damage before it is removed from the truck. If damages are present they must be noted on the original bill of lading. Customer assumes liability for the building when it is unloaded from the delivery truck. Customer shall take reasonable actions to prevent damage to the building while in their possession if building is rejected.
Jacobs reserved the right to make changes to these terms and condition at any time without any obligation.