Terms and Conditions for Sale

Overview

These Terms and Conditions for Sale govern product sales by Gypsum Management and Supply and its affiliates (Supplier) to the Buyer, superseding prior agreements. Invoice and sale document terms are incorporated by reference.

1. Prices and Adjustments

Prices are subject to change without notice and expire within ten days if unaccepted. Prices are billed as of the ship date and exclude applicable taxes, duties, and delivery surcharges which are payable by the Buyer.

2. Delivery and Stocking Conditions

Quotations reflect standard stocking and scattering per floor. Difficult deliveries, specialized equipment like cranes, or extended distances may incur additional charges.

3. Warranties Exclusion Disclaimer

Supplier provides standard new-product warranties and passes through manufacturer warranties where applicable, disclaiming other implied or statutory warranties to the fullest extent permitted by law.

4. Limitation of Liability

Supplier's liability for defective products is limited to repair, replacement, or refund at Supplier's discretion, capping total liability at the purchase price and excluding consequential or indirect damages.

5. Force Majeure

Performance is excused during events beyond Supplier's reasonable control, including severe weather, pandemics, labor shortages, and manufacturer allocations.

6. Indemnification Obligations

Buyer agrees to indemnify and hold harmless Supplier against third-party claims or damages arising from Buyer's use of goods or breach of these terms.

7. Shipment Inspection and Risk of Loss

Risk of loss and title pass at the F.O.B. point. Buyer must inspect shipments and report shortages or damages in writing within two business days.

8. Changes, Cancellations and Restocking Returns

Modifications or cancellations require written consent and may incur restocking fees (20% for standard stock returns); non-stock items are non-returnable.

9. Payment Terms and Credit Policy