When the word “Buyer” is used in this document it shall be construed to mean the person, partnership, firm, or corporation named on the face of the Component Order as being the customer of Dean Steel Buildings, Inc., hereinafter referred to as the “Seller”.

The Terms and Conditions of this Agreement and all pages of the General Policy as amended or revised, are included as part of the Component Order as though copied herein verbatim.

Seller’s Terms and Conditions shall apply to all of Buyer’s orders irrespective of any provisions in Buyer’s Component Orders or other business forms.

Buyer shall pay for the goods at the time of delivery (less any down payment) by means of cashier’s check, unless Seller has approved credit terms in advance.  Where credit terms have been approved, payment for goods is due net 30 days from date of invoice.

Money due to Seller under the terms of the Component Order, together with any other indebtedness which builder may owe Seller, shall be paid to Seller at its offices in the City of Fort Myers, Lee County, Florida.  If the Buyer fails to fulfill the terms of payment applicable to the Component Order, Seller may defer further shipments, or at its option, may cancel the unshipped balance of the order and all other of Buyer’s then unfilled orders.  Seller reserves the right, prior to making any shipments, to require from Buyer satisfactory security for payment of Buyer’s obligations.  It is further agreed that the Buyer will pay all costs of collecting, securing, or attempting to collect or secure, any indebtedness which may be due hereunder, including a reasonable attorney’s fee, whether the same be collected or secured by suit or otherwise.

Seller shall have a continuing security interest in any and all Buyer’s goods in possession or thereafter acquired by Buyer and all proceeds there from to secure payment, and Seller is hereby authorized to file this instrument as a financing statement.  All goods are sold F.O.B. point of manufacture.

A 1-1/2% service charge per month will be added to all unpaid balances over 30 days.

Seller reserves the right to divide each order into separate shipments and invoice such shipments separately, in which case each shipment shall be deemed a separate contract and payment therefore due in accordance with the terms hereof.  Seller cannot be responsible for spotting, switching, drayage, demurrage, or other transportation charges unless agreed to in writing.  If, because of default of Buyer, any shipment must be diverted or returned to Seller, Builder shall pay all demurrage, transportation, and other cots incurred as a result thereof.

If Buyer delays delivery of materials that are scheduled for delivery, then Seller shall invoice Buyer for the contract price of such materials, which invoice shall be due in accordance with the terms of payment.  Buyer will reimburse Seller for all cost of storage of such materials and will assume any damage to material caused by deterioration, including, but not limited to, cost of repairing.

Seller shall not be liable for any direct or consequential damages which Buyer may suffer by reason of Seller delays in performance of the Component Order, such days including, but not limited to, loss, damage or delay of materials, strikes, fires, floods, storms, riots, civil commotions, governmental regulations and/or laws, differences with workmen, Seller’s ability to obtain materials, or other circumstances beyond Seller’s control.  Seller will not accept penalties or liquidated damages unless specifically provided for in the contract.  Seller cannot control the timeliness of common carriers and will not accept any backcharges for later arrivals of material to the jobsite.

The price shown on the Component Order does not include cost or expense of performance and/or payment bonds, building permits, taxes (excise, privilege, occupation, sales, and/or use) whether Federal, State, or local, applicable to the sale, unless shown on the Component Order.  Any taxes which Seller may be required to pay or collect, under existing or future laws, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption, or transportation of any of the materials covered hereby, shall be for the account of Buyer, who shall promptly pay the amount thereof to Seller upon demand.

Upon acceptance thereof, the Component Order shall be deemed to be a contract embodying all oral or written understanding and agreements between the Buyer and the Seller relative to the purchase.  In the event of any conflict between Buyer supplied drawings, Seller’s drawings, specifications, or blueprints and this contract, this contract shall govern and any other material required shall be furnished at extra charge.  No failure of Seller to exercise any right occurring from any default of Buyer shall impair Seller’s rights in case of any subsequent default of Buyer.  All rights of Seller hereunder shall be cumulative.

Products fabricated by Seller are warranted only against failure due to defective material or faulty workmanship for a period of one (1) year from date of delivery of such products, and Seller liability shall be limited to repairing such products and/or furnishing (but not dismantling and installing) necessary replacement materials, F.O.B. point of manufacture with freight allowed.  Misuse or improper installation of materials does not constitute a warranty claim.  This warranty does not cover products, accessories, parts of attachments which are not manufactured by Seller, except to the extent of the warranties given Seller by the actual manufacturer.  The Seller makes no other warranties, expressed or implied, as to merchantability, fitness, or otherwise.  Seller liability is restricted to breach of the expressed warranties stated above, and in no event shall Seller be liable to the Buyer or its customer for incidental or consequential damages or damages in the nature thereof suffered by either.

On Component Orders, the Seller accepts no liability for the design integrity of the component parts except to the extent the information contained in the load tables provides for those parts.  The Buyer accepts the liability for interpretation of the information contained in the load tables.

Buyer waives all claims for water marking, “white rust,” staining of material, and satisfactory color match between the paint on new panels that may arise regarding the material ordered herein and that could be asserted against Seller.

Buyer shall indemnify and hold harmless Seller form all suits, actions, or claims of any character arising out of the use or resale of the materials purchased from the Seller.

Buyer is responsible for the accuracy of all phone orders and acknowledges as correct the contents of any phone order taken by Seller’s representative.

The terms of this Component Order can only be modified or cancelled by a like written agreement signed by a qualified representative of both Seller and Buyer.

Buyer may cancel an order only by giving written notice to Seller.  In the event of such cancellation, Buyer agrees to pay Seller for all actual costs and damages incurred by Seller in preparing to perform the terms of the order and in performing the terms of the order prior to the receipt by Seller of such written notice, including, but not limited to, Seller’s expenses of purchase of material, fabrication, and overhead.

In case of dispute, the contract shall be construed in accordance with the laws of the State of Florida, regardless of where the Buyer is located or where the contract is signed.  If suit is instituted, Buyer and Seller agree venue shall be in Lee County, Florida.

In case any provision hereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired thereby.

If Buyer selects a carrier other than Seller’s truck, the following requirements must be met.  Carrier is to have a 40’ flat bed trailer in good, safe condition.  They must have 6 sets of chains and binders (25’ long each).  Due to the nature of our product, load out can range from 4 to 8 hours.  Seller will not be responsible for any overtime charges from the carrier.  Warning:  dunnage (lumber) can compress during shipment.  Driver should continually check for tightness during transit.

All prices are subject to change without notice.  Minimum order $15.00.

Terms and conditions are subject to change without notice, please contact us for the updated Terms and condition.