Terms & Conditions

Acceptance:

This proposal is submitted for acceptance within 20 calendar days from the date of the proposal. Prices are firm after acceptance provided the Buyer releases the order for production in writing within twenty (20) calendar days from the date of the proposal. Typographical and clerical errors in quotations, orders and acknowledgements are subject to correction(s) which may or may not affect pricing.

Payment Policy:

Invoicing will be rendered and become 100% due when complete shipment has been made or the order is picked up by the customer or designated representative, unless otherwise indicated in quotation.
Payment Terms: All customers requesting payment terms must first fill out an Application for Credit and is subject to approval by the Company before such terms are granted.

Taxes:

Unless specifically stated, we include no taxes of any kind in the quoted price. Any taxes, if applicable and imposed by any present or future local, state, or federal agency for any reason will be billed to the Buyer at invoice.

Credit:

If Buyer’s credit, at the sole judgment of the Seller, is impaired at any time, Seller shall have the right to defer shipment or cancel the order.

Shipments:

All shipments are F.O.B. Origin. Quality Mill Products, LLC must approve any other freight arrangements prior to ordering. Any and all expenses incurred by the Seller relating to shipping and packaging of materials will be charged to the Buyer at invoice.

Claims:

The responsibility of the company ceases upon delivery of the material in good order to the carrier or directly to the customer or designated representative. As all goods are shipped at buyer’s risk, any claims for damage or shortage or loss in transit must be filed by the buyer against the transportation company. We will assist the Buyer in any reasonable way possible in the filing and collection for any claim for damages and/or losses while in transit. Claims against factory shortages will not be considered unless made within three (3) calendar days after receipt of the goods.

Acceptance or Approval:

Should the material or goods on this proposal be purchases subject to acceptance or approval of another (such as Architect, Engineer, Owner, etc.), Quality Mill Products, LLC shall not be liable in any way should acceptance or approval not be granted. We cannot guarantee to meet or equal specifications written on behalf of another manufacturer.

Cancellations:

Should the order be cancelled through no fault of Quality Mill Products, LLC, the Buyer is liable for reimbursement for any and all expenses incurred in connection with this transaction, and in accordance with law for any other losses incurred by Seller.

Warranties:

Quality Mill Products, LLC extends to Buyer our manufacturer warranty (a copy of which is available upon written request).Manufacturer’s warranty is in lieu of any warranties contained in any applicable project conditions, plans, or specifications unless specifically stated otherwise. Quality Mill Products, LLC makes no other warranties, express or implied, as to any matter whatsoever, including without limitation, the conditions of the material, its merchantability or fitness for a particular purpose. Quality Mill Products, LLC shall not be held responsible for any direct, incidental or consequential damages or liquidated damages or losses (including but not limited to loss of use, income, profit or production, or increased cost of operation) resulting from the installation, operation or use of the material or goods.

Limitation of Remedy:

Quality Mill Products, LLC shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper service, maintenance or operation. Quality Mill Products, LLC liability (whether under theories of warranty, negligence, strict liability or contract) is limited solely to repair or replacement of the material or its parts by Quality Mill Products, LLC or its duly authorized representative, or at Quality Mill Products, LLC option and in its sole discretion, refund of the purchase price, and the foregoing shall be the sole and exclusive remedy against Quality Mill Products, LLC. In no event shall Quality Mill Products, LLC liability with respect to the goods or their non-delivery exceed the purchase price paid by Buyer to Quality Mill Products, LLC. Buyer shall have no right to consequential or incidental damages or to any remedy not hereinbefore described. Any claim by Buyer to Quality Mill Products, LLC with respect to the goods is deemed waived by Buyer unless submitted to Quality Mill Products, LLC in writing within ten (10) calendar days of the date Buyer discovered or by reasonable inspection should have been discovered, the basis for such claim.

Claims Resolution:

All claims and disputes between Buyer and Quality Mill Products, LLC arising out of or relating to performance of any agreement or breach thereof involving this project shall be decided by binding arbitration in accordance with the construction Industry Arbitration rules of the American Arbitration Association (AAA) then existing. Notice of Demand for Arbitration shall be filed in writing by either party to this agreement with the other and with the regional office of the AAA in Atlanta, Georgia. The procedural and substantive law of the State of Alabama shall apply to all such arbitration proceedings and Oneonta, Blount County, Alabama shall be designated as the locale for any such proceedings. Both parties will have the right to conduct discovery in accordance with the Federal Rules of Civil Procedure and within reasonable time limitations to be imposed by the AAA or the arbitrators. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Federal Arbitration Act.

Delays:

Seller shall not be liable for failures or delays in making delivery hereunder when such failure or delay results from an act of God or the public enemy accident, explosion, fire, storm, earthquake, flood, draught, perils of the sea, strikes, lock-outs, labor troubles, riots, sabotage, embargo, wars (whether or not declared and whether or not the United States is involved), federal, state, or municipal law, ordinance, rule, regulation, order license, priority, seizure requisition or allocation or other restrictions, failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstances of a similar or different nature beyond the reasonable control of the Seller.

Return of Goods:

Please take special care to order carefully and completely. All products are custom orders. Custom orders are manufactured in accordance with customer specifications, and therefore, are only returnable per the terms of our RMA policy. Verify all information before placing the order.

Penalties:

No penalty clause of any kind will be effective unless approved in writing by an officer of Quality Mill Products, LLC.

Prices:

Unless otherwise notified, prices on orders will be held firm provided the order is released for production within 20 calendar days of placement. (The date of placement being the date the Buyer’s order and the date of release being the date the official notice of release is received at the Seller’s offices.) Orders released after twenty (20) calendar days from date of customer’s purchase order may be subject to escalation.

Installation:

Quality Mill Products, LLC does not perform installation of goods or materials. However, we will assist or consult in any reasonable way possible. Billable costs of this service will be added at invoice.

Title:

The title to all material(s) and/or goods and to any and all additions and accessories thereto and substitutions therefore, shall remain with Seller until the purchase price thereof is paid in full.