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- All products manufactured by Pennsylvania Insert Corp. are warranted to be free from defects in material
and workmanship existing as the result of the manufacturing process for one (1) calendar year from day of delivery to
site. If a product is alleged to be defective, then upon written notice by certified mail only to A.C. Miller Concrete
Products, Inc. setting forth alleged defects, the product will, at the sole option of Pennsylvania Insert Corp., either be returned to our plant and replaced with a duplicate product free of defects, or repaired in place without charge.
No further expense to Pennsylvania Insert Corp. will be accepted. All claims of such defective products must
be given by certified mail. The remedy provided in this paragraph shall be the exclusive remedy for any breach of
warranty and Pennsylvania Insert Corp. will in no event be liable for consequential damages
- Products sold by Pennsylvania Insert Corp. but not manufactured by it are warranted only to such extent as
said products are warranted to Pennsylvania Insert Corp. by the supplier. Any disclaimer of the suppliers’
warranties accepted by Pennsylvania Insert Corp. pursuant to normal business practices shall not subject A.
C. Miller Concrete Products, Inc. to any liability beyond the aforesaid limitation.
- Freight and handling will be charged on all returned goods except items returned under warranty and in accordance
with these Terms and Conditions.
- Pennsylvania Insert Corp. assumes no liability or responsibility for location, alignment, depth, size, base,
back fill, or compaction in connection with the sale of its products even though the product(s) has/have been placed
into an excavation by one of our carriers.
- Pennsylvania Insert Corp. assumes no responsibility or liability for water infiltration into any product placed
into any excavation by our carriers or by any other means unless such responsibility or liability has been accepted by
Pennsylvania Insert Corp. prior to the placement of the product. Such notation of responsibility or liability must
be in writing and signed by an authorized representative of Pennsylvania Insert Corp.
- The delivery covering the products listed hereon is based on our present estimate of the time required to ship after
receipt of your order barring the possible breakdown of the delivering carrier. Acceptance by purchaser or its agent
shall constitute a waiver by same of any claim for damages on account of any delay in delivery of such products.
- There are additional charges for weekend, holiday, and night deliveries. Saturday deliveries incur an additional
charge of 55% of the zone rate with a minimum charge of $250. Sunday and Holiday deliveries incur an additional
charge of 60% of the zone rate with a minimum charge of $300. Night deliveries will incur an additional charge of 55%
of the zone rate with a minimum charge of $300. These special delivery arrangements are subject to availability.
Additional detention charges also apply. (See paragraph 8.)
- Pennsylvania Insert Corp.. allows a maximum of two (2) hours unloading time per truck. Any time over the
allotted two (2) hours will be billed at allowable hourly rate for crane trucks and operators and hourly rate for flatbed trucks/trailers and drivers.
- Purchaser expressly agrees to indemnify and save Pennsylvania Insert Corp. harmless from and against
all claims, demands, liabilities, suits, or judgments for whatsoever kind and nature, and all costs and expenses in
connection therewith, including court costs and attorney fees, arising out of or resulting from death or injury to persons, including employees or agents of the purchaser and loss, damage, or injury to property, including the equipment, caused or occasioned or claimed to be caused or occasioned, directly or indirectly, by or in connection with the work
being performed by said equipment or by any of the personnel furnished in connection with said equipment. It is
expressly agreed that the equipment furnished in connection therewith is under the exclusive jurisdiction, control, and
supervision of purchaser.
- Purchaser agrees to release, defend, and hold Pennsylvania Insert Corp. harmless from any and all claims
for damages due to delays arising out of causes beyond the reasonable control of Pennsylvania Insert Corp.,
including, but not limited to, adverse weather conditions, acts of government, inability to obtain material, strikes, and other labor difficulties, including jurisdictional strikes. Purchaser further understands and agrees that in the event of a labor dispute or strike, jurisdiction or otherwise, which poses a threat to or would impede the normal installation, Pennsylvania Insert Corp. will discontinue work on the project until receipt of satisfactory assurance that such threat or adverse circumstance
has been removed.
- All quotations for delivery and setting products assume accessibility and suitability for the safe operation of our equipment under its own power. This determination to be made solely by A. C. Miller Concrete equipment operators
and we assume no liabilities if the above is not adhered to. Purchaser is responsible for all job conditions, including clear access within the limitations of A. C. Miller equipment including cranes when operated in accordance with safety
regulations having jurisdiction, i.e. Fed OSHA, mfr. load chart. Purchaser must provide all labor required to unload and
place delivered products (other than the crane operator when crane is supplied by A. C. Miller), including but not limited
to all signalmen and riggers meeting the safety regulations having jurisdiction.
- Material purchased, but not delivered within thirty (30) days after the purchaser’s requested delivery date, due to
purchaser’s failure to schedule and receive delivery, will be subject to being invoiced in full. If the invoice is not paid in
full within thirty (30) days of the invoice date, it will be subject to finance charges at the rate of 1% per month with first
monthly invoice at 60 days. All invoiced amounts past due must be paid before any material will be released for delivery.
Invoices paid in full and product not delivered are subject to continued invoicing at 1% per month for the stored
materials. Furthermore, all AC Miller invoices are subject to same finance charges as listed above.
- Standard product purchased, but not delivered within sixty (60) days after the purchaser’s requested delivery date,
due to purchaser’s failure to schedule and receive delivery, will be subject to cancellation and may be resold without
further notice.
- Custom product may require a twenty-five (25) percent non-refundable down payment, when the order is placed.
Purchaser agrees to give Pennsylvania Insert Corp. notice of any cancellation of an order for manufactured,
custom product. Purchaser further agrees to remain fully liable for the full purchase price of the product, including
engineering costs if applicable. Furthermore, we reserve the right to invoice for administrative and engineering services
incurred on submitted projects that are cancelled prior to manufacturing.
- Purchaser agrees to give Pennsylvania Insert Corp. notice of any cancellation of delivery by 10:00 AM of
the day prior to the scheduled delivery date. Any delivery cancellation notice given after 10:00 AM of the day prior to
the scheduled delivery date shall be subject to a delivery cancellation charge of $150 per hour for a forklift operator
and two (2) helpers, plus trailer rental cost if applicable.
- This instrument contains the entire Agreement between the parties, and there are no representations,
understandings, or agreements, oral or written, which are not included herein. Any failure on the part of A.C. Miller
Concrete Products, Inc. to exercise any right hereunder, or to take any action permitted on a breach by purchaser, shall
not be deemed a waiver thereof. No waiver shall be effective unless specifically made in writing, and signed by the duly
authorized representatives of both parties.