These terms and conditions create a contract between the you (the customer or purchaser) and A&D Precast. Please read the entire agreement carefully. Acceptance of quote or proposal from A&D Precast and/or placement of order constitutes agreement to the terms and conditions in full. Purchaser agrees that terms and conditions in this agreement supersede purchaser or project terms and conditions and in the event of dispute this agreement governs.
OUR SERVICES
A&D Precast is a manufacturer and supplier of premium architectural precast concrete. Our typical services are manufacturing and delivering architectural precast concrete. A&D Precast may be able to assist or provide referrals for other scopes of work such as design, install, engineering, etc. on a case by case basis. A&D Precast does not guarantee any work by third parties or referrals.
EXCLUSIONS
A&D Precast, unless otherwise explicitly stated in writing at time of quote, excludes: installation, hardware embeds, attachments, engineering, custom colors, attachment hardware, cleaning, patching, patch kits, sealant, jobsite visits, handling at jobsite, insurance, bonding, additional testing.
TAKEOFF
Takeoffs are provided for customer convenience only. Quantities and dimensions of final orders are ultimately the responsibility of the customer or purchaser. Quotes are provided only for the takeoff quantities and dimensions included on the quote. In cases that the final quantities or shapes approved in shop drawings differ significantly a revision to the purchase price prior to finalization may be necessary.
SHOP DRAWINGS
A&D Precast will not begin shop drawings without commitment to order and/or a formal PO as necessary and decided by A&D Precast. Shop drawings are provided as customer convenience and customer is ultimately responsible for ensuring that piece geometry and dimensions are correct per requirements. Customer must provide complete set of all required project drawings or documents to A&D Precast. Revisions to drawings required under original scope are included in price free of charge. Revisions in drawings required due to change in scope or project documents after quote or order placement may incur additional fees. Approved shop drawings will be required prior to order being released into production. A&D Precast may accept clear and written approval for shop drawings via email or other means at their discretion. Such approval is considered binding just as signed drawings. Ultimately our customers may choose to allow owners, architects, or others to approve shop drawings, but drawings approved by other project authorities returned by our customer or on their behalf will be considered approval from the customer.
LEAD TIME
We make every effort to fulfill and deliver orders as quickly as possible. We strive to provide a quality product to meet our customer needs within their schedules and pride ourselves on production times typically faster than our competitors. Lead time is provided in quotes for customer convenience and is an estimate only. This does not constitute a written or implied contract that order will be delivered within a specific time frame. Lead time for orders are not guaranteed unless explicitly arranged and approved by A&D Precast in writing. Orders requiring guarantee of lead time will incur additional fees which are not included in quote. Order expediting will require additional fees. A&D Precast will not expedite orders, except in rare cases, after they are released to production.
COLORS
A&D Precast provides nine standard color options for all orders included in quote price. Custom colors can be provided for a fee at customer request and are not included in quote price unless explicitly stated otherwise at time of quote. Color sample boards are provided to customers free of charge for the purposes of color selections. Selection should only be made from board dated within previous six months unless otherwise approved in writing. Occasionally raw material supply or mix recipe changes result in slight color variations and current color sample boards will ensure finished product is per current standards. A&D Precast is not responsible for color variations from customer selection based on obsolete boards. For color matching customer will need to provide A&D Precast with a sample by mail or drop-off of the color to be matched. A&D Precast will provide customer one or more color samples for approval to match desired color. This service is an additional $200 fee unless otherwise explicitly included in quote. Final approval for color is responsibility of customer and A&D Precast will not manufacture a custom color without written approval of samples by customer. Product color may vary slightly from samples or between pieces with same order due to variations in natural materials and ingredients. Custom color mixes will not be certified as per standard mixes unless otherwise requested by customer. Certifications of custom mixes will incur additional fees and an additional lead time.
TESTING
A&D Precast routinely tests our precast by an approved third party laboratory for quality control. Basic test results will be made available in submittals package at the request of a customer at no additional charge. A&D Precast does not guarantee specific tests performed at specific times to meet job qualifications. Additional testing can be performed on request and will incur additional fees and increased lead time, sometimes as much as 12-15 weeks. Customer agrees that they are aware of this and that all scheduling provisions are addressed prior to request for additional testing or certifications. A&D Precast will not be responsible for any production, installation, or general project delays if due to additional testing requirements.
ORDER COMMITMENT
Customer agrees that any commitment to purchase precast in writing and approval of product for manufacturing is considered a binding agreement to purchase. A&D Precast may, at our discretion, require a PO to be provided prior to beginning any production, but is not required to do so. Email, fax, and written contract are all considered acceptable forms of written approval. Customer is responsible for providing PO if required for their internal use. It is the responsibility of the customer to ensure that they have proper purchasing authority within their own company prior to entering into any contract or agreement.
CANCELLATION
Canceled orders are subject to minimum charge of 10% of total order amount. Additional fees may be incurred for orders already in production or for administrative fees to offset man hours already dedicated to order. Canceled orders are subject to charge based on work completed prior to cancellation. Orders in production will be billed for pieces already manufactured in addition to administrative charges and mold charges for work already performed. Orders canceled after shop drawings and prior to production will be charged a drawing fee of $100 per drawing revision, or $75 per hour for shop drawings completed to date, or the standard 10% cancellation fee, whichever is greater. Cancellation terms and conditions apply regardless of whether order is canceled by customer or by A&D Precast for violation of terms.
SHIPPING
Shipping quote and options are provided for contractor convenience. Shipping is determined based on order size, distance and method of transportation required. A&D Precast only charges for shipping based on the cost of carrier or costs incurred through delivery. Shipping estimate is provided based on minimal number of shipments. Progressive or partial shipments that increase total number of shipments will increase the overall shipping cost. Contractor is responsible for unloading onsite and will be responsible for any charges or fees arising from lack or provision for unloading. Shipping estimate on quote may change based on costs of transportation at time of shipping. Local pickup is available for all orders in lieu of shipping. Please provide adequate notice prior to pick-up. Necessary arrangements will vary depending on size and details of job. Please advise at time of ordering if pickup is preferred and we will contact you when order is ready for pickup so that you can schedule. Local pickup may cause a change in sales tax. All orders from A&D Precast are FOB origin regardless of method of shipping. Product insurance for shipping is not provided by A&D Precast and must be provided by purchaser if necessary.
SALES TAX
Sales tax is not provided in quote unless explicitly stated otherwise and requested by purchaser. Customer is required to calculated sales tax on their order as applicable based on delivery location. Orders being picked up will be charged sales tax based on current tax rates for our location. A&D Precast will provide a sale tax estimate at time of purchase if requested. Customer must supply all necessary information such as, but not limited to, their federal and state tax information as well as their location, project location, and delivery location for the order.
PAYMENT TERMS
Customer agrees that it is their responsibility to ensure that payments are made on time and in full, regardless if payment is direct from Customer or through other Third Party. Orders from A&D Precast will be invoiced and billed per our standard procedures unless otherwise arranged in writing at time of order. A&D Precast is not responsible for late payments due to additional paperwork or other requests not agreed to at the time of ordering. Partial shipments will be invoiced on a prorated amount of the project total based on percentage of overall order and freight charges. All invoices are net 30 unless otherwise agreed to in writing by A&D Precast prior to order placement. Prepay or COD terms may be required for new customers or customers with history of late payments. Net payment terms are offered for customer billing and payment convenience and are not to be construed as an extension of credit or other financial instrument or agreement such as, but not limited to: loans, lines of credit, payment plans, cash advance, et al. A deposit of 10% of entire purchase price may be invoiced at time order is placed. Projects requiring special orders of non-stock materials, attachments, or other inclusions in the scope of A&D Precast may require a higher deposit to defray carrying costs. All invoices not paid in full will incur a monthly late fee as noted on invoices. Late fees may be reversed if order is paid in full within 10 days from time the finance charge is assessed and approved in writing by A&D Precast. Surcharges and fees assessed on bills more than 10 days past due will not be reversed. Late fees are calculated from date of invoice if payment is not received prior to due date. Accounts in default after six months may be sent to collections and may be reported to credit bureaus. Customer agrees that A&D Precast reserves the right to sell debt to a collection agency or hire an agency or other third party to collect debt on their behalf. Accounts sent to collections may be subject to additional charges or fees. Customer agrees to pay additional charges and fees related to collection efforts for late payments. A&D Precast reserves the right to refuse delivery for any job to customers with accounts in default. A&D Precast reserves the right to cease production on all open work for any customers that have overdue invoices and do not respond to collection efforts. Customer agrees that if production is halted due to accounts in default A&D Precast is not responsible for increases to lead time or delays in project schedule. A&D Precast may, in extreme circumstances, cancel open orders for customers in default. See cancellation section for terms and payment requirements due to canceled orders. Invoices will be sent to whichever agent of Customer originated the material purchase unless A&D Precast is otherwise notified in writing or by contract documents of a different required method or point of contact for invoice deliveries.
STORAGE
A&D Precast assumes customers are ready for all orders as soon as possible unless otherwise stated in writing at time of ordering. A&D Precast can store pieces after production that customer is not yet ready to receive. For advance orders where customer has notified A&D Precast of requested delivery time, no storage fees will be charged prior to requested ready date. Customer will be notified when production is complete and order is ready for delivery. A&D Precast will store onsite up to two weeks for pickup or delivery scheduling with no additional fees, calculated from date requested at time of order, or when production is complete on order. Project will be invoiced in full, less shipping charges, after this time. We can continue to store precast onsite after this date until customer is ready to receive. In some cases additional storage fees may be required based on sizes and amounts. A&D Precast will waive storage fees for short term storage (estimated delivery date is known) for accounts in good standing at our discretion. Please contact us to arrange for storage if it will be required. Items held or stored by A&D Precast on customer behalf will be subject to standard payment terms based on invoicing date, not based on date item is actually shipped.
WARRANTY
A&D Precast warranties all materials and workmanship against any and all defects due to faulty materials, workmanship, or negligence by A&D Precast for a period of twelve (12) months, or such longer periods as set forth in Contract Documents or required by law. Warranties do not cover willful or malicious damage, damage onsite or during installation, design flaws, wear and tear, or damage caused by Acts of God or other casualty beyond the control of the manufacturer. We will make every attempt to highlight and advise correction of design flaws that will likely results in damages or other issues after installation, but final design is the responsibility of the Owner and their appointed agents such as architects, engineers, and contractors. Warranty will be void where Customer or any of their agents fail to abide by all contract documents as well as all terms and conditions such as payment terms. Warranty requests should be made in writing by email or fax with a description of the piece, how it was installed, issues covered under warranty, along with detailed photos of install condition and defects in material. A&D Precast will respond to warranty claims and investigate without photos or details at the customer request, but if the defect is considered due to improper handling, install, or other issue not arising from faulty workmanship or materials, at the sole discretion of A&D Precast or any appointed agent, customer agrees to pay for all costs incurred in investigation of warranty claim.
SEVERABILITY
If any portion or provision of this agreement is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this agreement, and the remaining portions or provisions shall be unaffected and remain in effect.
OUR SERVICES
A&D Precast is a manufacturer and supplier of premium architectural precast concrete. Our typical services are manufacturing and delivering architectural precast concrete. A&D Precast may be able to assist or provide referrals for other scopes of work such as design, install, engineering, etc. on a case by case basis. A&D Precast does not guarantee any work by third parties or referrals.
EXCLUSIONS
A&D Precast, unless otherwise explicitly stated in writing at time of quote, excludes: installation, hardware embeds, attachments, engineering, custom colors, attachment hardware, cleaning, patching, patch kits, sealant, jobsite visits, handling at jobsite, insurance, bonding, additional testing.
TAKEOFF
Takeoffs are provided for customer convenience only. Quantities and dimensions of final orders are ultimately the responsibility of the customer or purchaser. Quotes are provided only for the takeoff quantities and dimensions included on the quote. In cases that the final quantities or shapes approved in shop drawings differ significantly a revision to the purchase price prior to finalization may be necessary.
SHOP DRAWINGS
A&D Precast will not begin shop drawings without commitment to order and/or a formal PO as necessary and decided by A&D Precast. Shop drawings are provided as customer convenience and customer is ultimately responsible for ensuring that piece geometry and dimensions are correct per requirements. Customer must provide complete set of all required project drawings or documents to A&D Precast. Revisions to drawings required under original scope are included in price free of charge. Revisions in drawings required due to change in scope or project documents after quote or order placement may incur additional fees. Approved shop drawings will be required prior to order being released into production. A&D Precast may accept clear and written approval for shop drawings via email or other means at their discretion. Such approval is considered binding just as signed drawings. Ultimately our customers may choose to allow owners, architects, or others to approve shop drawings, but drawings approved by other project authorities returned by our customer or on their behalf will be considered approval from the customer.
LEAD TIME
We make every effort to fulfill and deliver orders as quickly as possible. We strive to provide a quality product to meet our customer needs within their schedules and pride ourselves on production times typically faster than our competitors. Lead time is provided in quotes for customer convenience and is an estimate only. This does not constitute a written or implied contract that order will be delivered within a specific time frame. Lead time for orders are not guaranteed unless explicitly arranged and approved by A&D Precast in writing. Orders requiring guarantee of lead time will incur additional fees which are not included in quote. Order expediting will require additional fees. A&D Precast will not expedite orders, except in rare cases, after they are released to production.
COLORS
A&D Precast provides nine standard color options for all orders included in quote price. Custom colors can be provided for a fee at customer request and are not included in quote price unless explicitly stated otherwise at time of quote. Color sample boards are provided to customers free of charge for the purposes of color selections. Selection should only be made from board dated within previous six months unless otherwise approved in writing. Occasionally raw material supply or mix recipe changes result in slight color variations and current color sample boards will ensure finished product is per current standards. A&D Precast is not responsible for color variations from customer selection based on obsolete boards. For color matching customer will need to provide A&D Precast with a sample by mail or drop-off of the color to be matched. A&D Precast will provide customer one or more color samples for approval to match desired color. This service is an additional $200 fee unless otherwise explicitly included in quote. Final approval for color is responsibility of customer and A&D Precast will not manufacture a custom color without written approval of samples by customer. Product color may vary slightly from samples or between pieces with same order due to variations in natural materials and ingredients. Custom color mixes will not be certified as per standard mixes unless otherwise requested by customer. Certifications of custom mixes will incur additional fees and an additional lead time.
TESTING
A&D Precast routinely tests our precast by an approved third party laboratory for quality control. Basic test results will be made available in submittals package at the request of a customer at no additional charge. A&D Precast does not guarantee specific tests performed at specific times to meet job qualifications. Additional testing can be performed on request and will incur additional fees and increased lead time, sometimes as much as 12-15 weeks. Customer agrees that they are aware of this and that all scheduling provisions are addressed prior to request for additional testing or certifications. A&D Precast will not be responsible for any production, installation, or general project delays if due to additional testing requirements.
ORDER COMMITMENT
Customer agrees that any commitment to purchase precast in writing and approval of product for manufacturing is considered a binding agreement to purchase. A&D Precast may, at our discretion, require a PO to be provided prior to beginning any production, but is not required to do so. Email, fax, and written contract are all considered acceptable forms of written approval. Customer is responsible for providing PO if required for their internal use. It is the responsibility of the customer to ensure that they have proper purchasing authority within their own company prior to entering into any contract or agreement.
CANCELLATION
Canceled orders are subject to minimum charge of 10% of total order amount. Additional fees may be incurred for orders already in production or for administrative fees to offset man hours already dedicated to order. Canceled orders are subject to charge based on work completed prior to cancellation. Orders in production will be billed for pieces already manufactured in addition to administrative charges and mold charges for work already performed. Orders canceled after shop drawings and prior to production will be charged a drawing fee of $100 per drawing revision, or $75 per hour for shop drawings completed to date, or the standard 10% cancellation fee, whichever is greater. Cancellation terms and conditions apply regardless of whether order is canceled by customer or by A&D Precast for violation of terms.
SHIPPING
Shipping quote and options are provided for contractor convenience. Shipping is determined based on order size, distance and method of transportation required. A&D Precast only charges for shipping based on the cost of carrier or costs incurred through delivery. Shipping estimate is provided based on minimal number of shipments. Progressive or partial shipments that increase total number of shipments will increase the overall shipping cost. Contractor is responsible for unloading onsite and will be responsible for any charges or fees arising from lack or provision for unloading. Shipping estimate on quote may change based on costs of transportation at time of shipping. Local pickup is available for all orders in lieu of shipping. Please provide adequate notice prior to pick-up. Necessary arrangements will vary depending on size and details of job. Please advise at time of ordering if pickup is preferred and we will contact you when order is ready for pickup so that you can schedule. Local pickup may cause a change in sales tax. All orders from A&D Precast are FOB origin regardless of method of shipping. Product insurance for shipping is not provided by A&D Precast and must be provided by purchaser if necessary.
SALES TAX
Sales tax is not provided in quote unless explicitly stated otherwise and requested by purchaser. Customer is required to calculated sales tax on their order as applicable based on delivery location. Orders being picked up will be charged sales tax based on current tax rates for our location. A&D Precast will provide a sale tax estimate at time of purchase if requested. Customer must supply all necessary information such as, but not limited to, their federal and state tax information as well as their location, project location, and delivery location for the order.
PAYMENT TERMS
Customer agrees that it is their responsibility to ensure that payments are made on time and in full, regardless if payment is direct from Customer or through other Third Party. Orders from A&D Precast will be invoiced and billed per our standard procedures unless otherwise arranged in writing at time of order. A&D Precast is not responsible for late payments due to additional paperwork or other requests not agreed to at the time of ordering. Partial shipments will be invoiced on a prorated amount of the project total based on percentage of overall order and freight charges. All invoices are net 30 unless otherwise agreed to in writing by A&D Precast prior to order placement. Prepay or COD terms may be required for new customers or customers with history of late payments. Net payment terms are offered for customer billing and payment convenience and are not to be construed as an extension of credit or other financial instrument or agreement such as, but not limited to: loans, lines of credit, payment plans, cash advance, et al. A deposit of 10% of entire purchase price may be invoiced at time order is placed. Projects requiring special orders of non-stock materials, attachments, or other inclusions in the scope of A&D Precast may require a higher deposit to defray carrying costs. All invoices not paid in full will incur a monthly late fee as noted on invoices. Late fees may be reversed if order is paid in full within 10 days from time the finance charge is assessed and approved in writing by A&D Precast. Surcharges and fees assessed on bills more than 10 days past due will not be reversed. Late fees are calculated from date of invoice if payment is not received prior to due date. Accounts in default after six months may be sent to collections and may be reported to credit bureaus. Customer agrees that A&D Precast reserves the right to sell debt to a collection agency or hire an agency or other third party to collect debt on their behalf. Accounts sent to collections may be subject to additional charges or fees. Customer agrees to pay additional charges and fees related to collection efforts for late payments. A&D Precast reserves the right to refuse delivery for any job to customers with accounts in default. A&D Precast reserves the right to cease production on all open work for any customers that have overdue invoices and do not respond to collection efforts. Customer agrees that if production is halted due to accounts in default A&D Precast is not responsible for increases to lead time or delays in project schedule. A&D Precast may, in extreme circumstances, cancel open orders for customers in default. See cancellation section for terms and payment requirements due to canceled orders. Invoices will be sent to whichever agent of Customer originated the material purchase unless A&D Precast is otherwise notified in writing or by contract documents of a different required method or point of contact for invoice deliveries.
STORAGE
A&D Precast assumes customers are ready for all orders as soon as possible unless otherwise stated in writing at time of ordering. A&D Precast can store pieces after production that customer is not yet ready to receive. For advance orders where customer has notified A&D Precast of requested delivery time, no storage fees will be charged prior to requested ready date. Customer will be notified when production is complete and order is ready for delivery. A&D Precast will store onsite up to two weeks for pickup or delivery scheduling with no additional fees, calculated from date requested at time of order, or when production is complete on order. Project will be invoiced in full, less shipping charges, after this time. We can continue to store precast onsite after this date until customer is ready to receive. In some cases additional storage fees may be required based on sizes and amounts. A&D Precast will waive storage fees for short term storage (estimated delivery date is known) for accounts in good standing at our discretion. Please contact us to arrange for storage if it will be required. Items held or stored by A&D Precast on customer behalf will be subject to standard payment terms based on invoicing date, not based on date item is actually shipped.
WARRANTY
A&D Precast warranties all materials and workmanship against any and all defects due to faulty materials, workmanship, or negligence by A&D Precast for a period of twelve (12) months, or such longer periods as set forth in Contract Documents or required by law. Warranties do not cover willful or malicious damage, damage onsite or during installation, design flaws, wear and tear, or damage caused by Acts of God or other casualty beyond the control of the manufacturer. We will make every attempt to highlight and advise correction of design flaws that will likely results in damages or other issues after installation, but final design is the responsibility of the Owner and their appointed agents such as architects, engineers, and contractors. Warranty will be void where Customer or any of their agents fail to abide by all contract documents as well as all terms and conditions such as payment terms. Warranty requests should be made in writing by email or fax with a description of the piece, how it was installed, issues covered under warranty, along with detailed photos of install condition and defects in material. A&D Precast will respond to warranty claims and investigate without photos or details at the customer request, but if the defect is considered due to improper handling, install, or other issue not arising from faulty workmanship or materials, at the sole discretion of A&D Precast or any appointed agent, customer agrees to pay for all costs incurred in investigation of warranty claim.
SEVERABILITY
If any portion or provision of this agreement is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this agreement, and the remaining portions or provisions shall be unaffected and remain in effect.