FireRock FIREROCK RUMFORD, Installation, Specification And Operation Manual

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FIREROCK TERMS & CONDITIONS OF SALE
1. ENTIRE AGREEMENT:
Fire Rock Products, LLC (“FireRock”) agrees to sell certain Goods (as defined below) to you
(“Buyer”) on the following terms and conditions of sale (these “Terms and Conditions”), which supersede any additional or
inconsistent terms of Buyer. As used herein, “Buyer” includes the contractor and the ultimate purchaser of the home or other
building into which the Goods are installed. These Terms and Conditions and the order or other contract documents to which
they are attached constitute the entire agreement between FireRock and Buyer with respect to the Goods (collectively, this
“Agreement”), and the terms and conditions of this Agreement prevail over any of Buyer’s general terms and conditions of
purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer’s order
does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend this Agreement.
This Agreement may not be modified, amended or waived in any way except in writing signed by an authorized representative of
FireRock. FireRock makes no representations, except for the representations set forth in these Terms and Conditions, and Buyer
acknowledges and agrees that Buyer has and will not rely on any other representations.
2. GOODS: FireRock manufactures and sells masonry fireplaces and other products, but these Terms and Conditions are
limited to the masonry fireplaces purchased by Buyer from FireRock (the “Goods”) and do not apply to other products offered by
FireRock, which are subject to separate terms and conditions.
3. DELIVERY:
All shipping dates are approximate. All prices are F.O.B. the location of FireRock’s facility, unless otherwise
specified by FireRock. Acceptance of shipment by designated shipper, delivery to Buyer’s representative or designee, or mailing of
an invoice to Buyer, whichever first occurs, shall constitute “Delivery.” Upon payment in full, title shall pass to Buyer. In no event
shall Buyer be entitled to make any deduction from any payment due hereunder by reason of loss or damage in transit. Upon the
written request of Buyer, FireRock, at its sole discretion and Buyer’s expense, may agree as a service to Buyer to process Buyer’s
claim against the carrier for any loss or damage in transit, provided that such claim is received by FireRock within two (2) days
of delivery of the Goods to Buyer. Any such claims must be accompanied by a delivery receipt, signed by carrier’s agent at time
of delivery, on which receipt the loss or damage has been noted. In the absence of directions, the Goods will be shipped by the
method and via the carrier selected by FireRock. Delivery by truck will be made to the nearest points reasonably accessible by
truck as determined by the driver. Buyer will unload and store, or furnish and pay for any necessary labor to unload and store, the
Goods, and neither FireRock, the carrier, nor the driver have any obligation to unload or store the Goods. Buyer shall note loss or
damage on truck shipments upon the delivery ticket returned to FireRock, or such claims shall be waived.
4. TERMS OF PAYMENT:
Payment terms shall be as described in the applicable order, invoice or other contract documents to
which these Terms and Conditions are attached; provided, however, if such payment terms are not covered in such documents,
payment for the Goods are due net cash thirty (30) days from the date of the invoice. Buyer may be required to pay a percentage
of the purchase price for the Goods as a deposit for certain custom Goods or new builders or customers whose credit has not been
approved by FireRock, which is due and payable upon execution of the applicable order (a “Deposit”). If, at any time or for any
reason, FireRock shall have cause to question Buyer’s ability to pay, FireRock may demand such assurances of Buyer’s ability to pay
as FireRock shall deem necessary in its sole discretion, including payment in advance for all shipments. If Buyer fails within ten
(10) days of FireRock’s demand to provide FireRock with such assurance, FireRock shall be entitled to suspend its performance,
cancel any order then outstanding, receive reimbursement for its reasonable and proper cancellation charges, and may proceed to
collect, without limitation, (a) any sums due and owing, (b) its reasonable cancellation charges and (c) all damage resulting from
Buyer’s default. In the event of an assignment for the benefit of Buyer’s customers or creditors, bankruptcy or insolvency of Buyer,
or in the event of any proceeding brought against Buyer, voluntarily or involuntarily, under bankruptcy or any insolvency laws,
FireRock shall be entitled to cancel any order then outstanding at any time and shall receive reimbursement for its reasonable and
TERMS & CONDITIONS
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