Products ordered online will not be exported out of the United States.
Controlling Provisions: This document is an offer or counter-offer by Coastal Construction Products (“Coastal”) to sell the goods described in or with it (“Products”) to the party to whom this offer or counter-offer is addressed (“Buyer”) in accordance with these Sales Terms and Conditions; it is not an acceptance of any offer made by Buyer, and it is expressly conditioned upon Buyer’s assent to these Sales Terms and Conditions. If these Sales Terms and Conditions are part of a credit agreement between Coastal and Buyer, the parties agree that they control with regard to all sales transactions between the parties. Coastal objects to any different or additional terms contained in any purchase order or other form or communication previously or hereafter submitted by Buyer to Coastal. No such different or additional term or condition shall be binding or effective. This document and these Sales Terms and Conditions shall constitute the entire agreement between the parties on the subject of the transactions described herein (this “Agreement”), and there are no conditions to this Agreement that are not expressed herein. All prior proposals, negotiations and representations, if any, between the parties are merged herein. Buyer shall be deemed to have assented to all terms and conditions contained herein upon signing this Agreement, or upon acceptance of the shipment of any of the Products described herein or on any invoice in connection with such Products.
Price Effective Dates: Quotations are only open for acceptance by Buyer within 30 (thirty) days from the date of such quotation. Acceptance requires a written purchase order received or postmarked within the 30 day limit, indicating specific quantities and authorizing material shipment within 120 days from bid date. Variations from these dates may be modified in writing where construction lead times so require.
Delivery and Inspection: All Products are quoted F.O.B. Coastal’s Warehouse, unless agreed otherwise by Coastal in writing, and all freight and handling charges shall be paid by Buyer. Requested delivery dates and times will be adhered to as closely as order lead time, availability and transportation services will allow. However, Coastal assumes no liability for any damages or expenses that relate directly or indirectly to variations in material delivery dates and times. Signatures on the delivery document acknowledge verification of the material to be of the kind and quantity ordered. Any exceptions must be noted on the delivery document. All returned materials are subject to approval and may be assessed a restocking charge up to 25% (MIN $15.00) and must be returned to Coastal in the original unopened containers, suitable for resale, within 30 days after sale. All Products are subject to inspection by Buyer upon delivery and, unless Coastal is advised to the contrary in writing within thirty (30) calendar days after delivery, the Products will be deemed to have been accepted as confirming with the requirements of the Agreement and free from all discoverable defects.
Return Policy:All return materials must have prior approval from Coastal Construction Products, within 30 days after sale. All return materials meeting our standard size, container, color and quantity criteria are subject to a 15% restocking fee ($15 minimum). Materials must be adequately within manufacturer's suggested shelf life and be returned in the original, unopened containers in like-new condition. All non-stocking materials remain subject to prior approval from the manufacturer and carry a minimum 25% restock fee ($100 minimum) if returned within manufacturer's designated return time frame. If returned, all freight charges are the responsibility of the customer. Some items, such as special order items and tinted materials, are ineligible for return.
No Warranties Other Than Manufacturer’s Warranty:Coastal provides no warranties express or implied with regard to any Products sold. The Product manufacturer’s warranty is the only warranty applicable to any of the Products sold by Coastal, and Buyer’s sole and exclusive remedy with respect to any breach of such warranty shall be against the manufacturer, and not against Coastal. There are no warranties applicable to any of the Products which extend beyond the manufacturer’s warranty. COASTAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. COASTAL MAKES NO REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY PRODUCTS SOLD.
Advice & Guidance:Coastal may at times provide advice or guidance on the proper application of Products, but only for the purpose of aiding the Buyer in following the manufacturer’s instructions for applying or using a Product. As such, the Buyer must read and strictly follow the manufacturer’s instructions. Buyer agrees that it will at all times read and follow the instructions of the manufacturer in using or applying any Product purchased from Coastal. Any suggestions by Coastal or its employees or agents regarding application, use or suitability of a Product shall not be construed as an express or implied warranty of any kind.
No Assignment/Third Parties: This contract, including any obligation of Coastal hereunder, may not be assigned by Buyer, and any attempt by Buyer to assign this contract or any obligation of Coastal hereunder shall be void and of no effect. This contract is between Coastal and the Buyer. No provision of this contract is for the benefit of or enforceable by any third party.
Taxes: Any and all applicable taxes, duties, customs, or fees of any kind whatsoever imposed by a governmental authority on or measured by the sales transaction between Coastal and Buyer will be added to the prices quoted and must be paid by Buyer unless a written tax exempt certification is submitted by Buyer by the time the order is invoiced. In the event Coastal is required to pay any such taxes, Buyer shall reimburse Coastal therefor on demand.
Payment: Unless otherwise agreed by Coastal in writing, or unless Coastal requires payment in advance or on delivery (C.O.D.), payment is due thirty (30) calendar days after date of invoice. Credit purchases under this application are acknowledgement that the Buyer agrees to pay for the materials within the maximum thirty (30) day term from the invoice date. Notwithstanding Coastal’s approval of Buyer for credit, Coastal reserves the right to require payment in advance or on delivery (C.O.D.) for any shipment of Products. Payments shall be made to Coastal’s office located in Jacksonville, Florida. Buyer agrees that payments made after the stated terms are subject to an interest charge not to exceed 18% per annum (1 ½% per month), or a lesser charge if required by law. If Coastal is required to engage the services of an attorney for collection, Buyer agrees that the amount owed shall be increased by the amount of collection expenses involved, including reasonable attorney’s fees and court costs, including on appeal.
Venue and Governing Law: This Agreement shall be governed by and interpreted according to the laws of the State of Florida, without reference to its conflict of laws principles. Coastal and Buyer hereby consent and agree that any disputes arising out of this Agreement or the Products that cannot be resolved through negotiation shall be resolved exclusively through litigation in the state or federal courts sitting in Duval County, Florida, and each party hereby submits to the personal jurisdiction of such courts, except that Coastal may, in its discretion, bring an action in such other applicable venue as necessary to enforce any lien or bond claim.
Enforcement of Rights: Failure of Coastal to enforce any of its rights described herein shall not constitute a waiver or relinquishment of any such provisions, rights or remedies; rather, the same shall remain in full force and effect.
LIMITATION OF LIABILITY: COASTAL’S LIABILITY WITH RESPECT TO ANY CLAIM BY THE BUYER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO ANY PRODUCT OR MATERIALS SOLD BY COASTAL SHALL BE LIMITED SOLELY AND EXCLUSIVELY TO A REFUND OF THE COST OF SUCH PRODUCT. BUYER AGREES THAT COASTAL WILL NOT BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, LOST PROFITS, OR OTHER LOSSES OF THE BUYER OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE SALE, USE, OR TRANSPORTATION OF ANY OF THE PRODUCTS. THESE TERMS SET FORTH ALL, AND THE ONLY, LIABILITIES THAT COASTAL WILL HAVE TO BUYER RELATED TO THE SUPPLY OF PRODUCTS, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND SHALL CONSTITUTE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST COASTAL. THE BUYER HEREBY RELEASES, WAIVES, AND DISCHARGES COASTAL FROM ALL LIABILITY, WHETHER CAUSED BY THE NEGLIGENCE OF COASTAL OR OTHERWISE, RELATED TO ANY ADVICE OR GUIDANCE COASTAL MAY PROVIDE ABOUT THE APPLICATION OR USE OF ANY PRODUCT.