Standard Terms and Conditions of Sale
Acceptance of any order and sale of any goods are expressly conditioned upon the terms and conditions as listed herein. Any order or statement of intent to purchase any such goods, or any direction to proceed with engineering, procurement, manufacture or shipment shall constitute assent to said terms and conditions. Any additional or different terms or conditions set forth in Buyer's purchase order or similar communication are objected to and will not be binding upon Buena Vista Sunrooms, unless specifically assented to in writing by an authorized representative of Buena Vista Sunrooms management.
1. Prices: All prices stipulated or promulgated by Buena Vista Sunrooms are subject to change without notice. Prices do not include any present or future sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
2. Delivery: All sales are made F.O.B. point of shipment, with title passing upon delivery to carrier at point of shipment, irrespective of who selects carrier. Manufacturers' shipping dates given in advance of actual shipments are best estimates and shall not be deemed to represent fixed or guaranteed shipping dates. Buena Vista Sunrooms shall not be liable for failure to deliver or for delay in delivery or performance due to (a) a cause beyond its reasonable control or (b) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation or (c) any other commercial impracticability.
3. Payments: Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If in the judgment of Buena Vista Sunrooms, the financial condition of the Buyer at the time of manufacture or shipment does not justify the terms of payment specified on order, Buena Vista Sunrooms reserves the right to require from Buyer full or partial payment or other adequate assurance of performance before manufacture or shipment. Buena Vista Sunrooms reserves the right to suspend its performance until such a payment or adequate assurance of performance has been received. If payment is not made when due, Buyer agrees to pay a charge on the amount past due at the rate of 1.5% per month (18% per annum) or the maximum lawful rate, whichever is less. Nothing herein shall be deemed to extend or otherwise modify Buyer's obligation to make payment when due
4. Limitation of Liability: Buena Vista Sunrooms' liability on any claim for loss or damage arising out of a contract or from the performance or breach thereof or connected with the supplying of goods, or their sale, resale, operation or use, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such goods or part thereof involved in any claim.
Buena Vista Sunrooms shall not under any circumstances be liable for any labor charges, special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of any product or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or costs of claims arising from Buyer's customers.
Any technical or other advice or assistance furnished by Buena Vista Sunrooms, which concerns any goods supplied here under, will not subject Buena Vista Sunrooms to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
5. Warranties: Goods distributed by Buena Vista Sunrooms are the products of reputable manufacturers and are sold in accordance with tolerances and quality standards as furnished by the manufacturers of the products.
The repair or replacement of goods which prove defective in material or workmanship is limited to that specific manufacturer's warranty and shall constitute the sole obligation of Buena Vista Sunrooms. Except to title, THERE ARE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY, relating to the described goods which extend beyond that described in this paragraph. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Warranty claims must be made in writing within a reasonable period after receipt of goods. No claim will be accepted by Buena Vista Sunrooms if made beyond sixty (60) days from receipt of goods by Buyer.
6. Termination: Buyer may terminate an order only by mutual agreement based on payment to Buena Vista Sunrooms of reasonable and proper termination charges.
7. Returns: No goods may be returned to Buena Vista Sunrooms without authorization in writing signed by an authorized representative of Buena Vista Sunrooms management.
8. Availability: Not all products listed on this site and listed in the catalogs are stocked by Buena Vista Sunrooms.